Welcome to StrobeMagazine.com! Please read these terms and conditions of use carefully before using StrobeMagazine.com (the Site).
You must be at least 18 years old to assume the obligations set forth in these Terms.
We use Netbilling.com to process subscription fees for our site.Subscriptions to our site will appear on your bill as Upclose Photography. You must accept our terms and conditions to subscribe to the site, and you agree that they may be amended from time to time and that you will continue to abide by them.< If you desire to cancel your subscription, you may do so prior to the last day of your subscription. Otherwise, we will continue to debit your account until you cancel via email or otherwise. You also agree to our copyright terms.
Age and Legal Access Certification
By subscribing to and entering the Site, you certify the following information and understand that the Owner is relying on such certification and agreement to these terms of service for allowing entry into the site. You hereby certify under unsworn declaration of perjury the following:
1. That you are eighteen (18) or twenty-one (21) years of age (whichever is applicable) or older;
2. That you are familiar with all local laws in your area affecting your legal right to access erotic and/or adult-oriented materials; and,
3. That you have the legal right to access erotic and/or adult-oriented materials and the Site has the legal right to transmit them to you; that you are requesting erotic and/or adult-oriented materials for your own private enjoyment and that you will NEVER share these materials with a minor or in ANY WAY make these materials available to a minor.
Custodian of Records
All models displayed on the Site were over the age of eighteen (18) at the
time of photographing and proof of such age is maintained by the Custodian
of Records. All pictures, graphics, videos or other visual media displayed
on this Site are exempt from the provisions of 18 U.S.C. §2257, or any
amendments thereto, and 28 C.F.R. 75, because said visual media do not
consist of depictions of conduct specifically listed in 18 U.S.C. §2256
(2)(i) through (v), but are merely depictions of non-sexually explicit
nudity and/or do not contain nudity.
Please direct questions pertaining to content on this website to: firstname.lastname@example.org
Access to the Site
To access the Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site will be correct, current, truthful, accurate and/or complete. If the Owner believes the information you provide is not correct, current, truthful, accurate and/or complete, the Owner has the right to refuse you access to the Site or any of its resources and to terminate or suspend your access at any time.
Restrictions on Use
The Site may be hyper-linked to other sites which are not maintained by, or related to, the Owner. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the Site or the Owner. The Owner has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user€™s own risk and the Owner makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by the Owner of that site.
You hereby grant to the Owner the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics and/or other information communicated to the Owner through the Site (together, the €Submission€), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Owner will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future the Owner operations.
YOU UNDERSTAND THAT THE OWNER CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. THE OWNER DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED €AS IS€ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE OWNER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE OWNER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE OWNER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE OWNER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. THE OWNER MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT€™S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Limitation on Liability
THE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, AND/OR DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND/OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE OWNER FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
TRADEMARKS, SERVICE MARKS AND LOGOS APPEARING IN THE SITE ARE THE PROPERTY OF THE OWNER OR THE PARTY THAT PROVIDED THE TRADEMARKS, SERVICE MARKS AND LOGOS TO THE OWNER. THE OWNER AND ANY PARTY THAT PROVIDED TRADEMARKS, SERVICE MARKS AND LOGOS TO THE OWNER RETAIN ALL RIGHTS WITH RESPECT TO ANY OF THEIR RESPECTIVE TRADEMARKS, SERVICE MARKS AND LOGOS APPEARING IN THE SITE.
Information You Provide
You may not post, send, submit, publish, and/or transmit in connection with the Site any material that:
€¢ You do not have the right to post, including proprietary material of any third party;
€¢ Advocates illegal activity or discusses an intent to commit an illegal act;
€¢ Is vulgar, obscene, pornographic, and/or indecent;
€¢ Does not pertain directly to the site;
€¢ Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening and/or offensive;
€¢ Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
€¢ Infringes any intellectual property and/or any other right of any entity or person, including violating anyone€™s copyrights or trademarks or their rights of publicity;
€¢ Violates any law or may be considered to violate any law;
€¢ Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
€¢ Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), except as may be specifically authorized on the site;
€¢ Solicits funds, advertisers and/or sponsors;
€¢ Includes programs which contain viruses, worms and/or trojan horses and/or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
€¢ Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the site;
€¢ Includes mp3 format files;
€¢ Amounts to a €˜pyramid€™ or similar scheme;
€¢ Disobeys any policy or regulations established from time to time regarding use of the site or any networks connected to the site; and/or,
€¢ Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Any passwords used for the Site are for individual use only. You will be completely and totally responsible for the security of your password. The Owner will be entitled to monitor your password and, at its sole discretion, require you to change it. If you use a password that the Owner considers insecure, the Owner will be entitled to require the password to be changed and/or terminate your account.
Credit Card Usage
The Site permits you to use a credit card to place an order to purchase materials and/or a subscription to the Site for a fee. The Owner uses Netbilling.com, a third-party, to process all subscription fees for the Site. Subscriptions to the Site will appear on your credit card billing statement as €Up Close Photography.€ By placing an order on the Site, you agree to pay the Owner all amounts accrued in your account. Your ability to purchase materials and/or a subscription to the Site is subject to limits established by the Owner and/or your credit card issuer. The Owner may bill your credit card at the time material is ordered and/or at any other time the Owner sees fit and appropriate to do so. The Owner reserves the right, in its sole discretion, without prior notice, to decline service to or terminate your Site account without notice. The Owner also reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any material or product and/or to refuse service to any customer. If you wish to cancel your subscription, you may do so at any time prior to the last day of your subscription. Otherwise, the Owner will continue to debit your account until you cancel your subscription.
Termination of Service
Acts of God
Notices by the Owner to customers shall be given by means of electronic messages or by a general posting on the site. Notices by customers to the Owner shall be given by electronic messages unless otherwise specified. All questions, complaints and/or notices to the Owner by means of electronic message must be sent to info@strobemagazine. com. This will be the only acceptable form of communication.
Last updated: March 6, 2008
© 2008 Strobe Magazine
If you wish to contact us please do so by e-mail at email@example.com