Last updated on February 14, 2020
The Capture Your Sexy website is available only at captureyoursexy.com, The website is operated by Digital Roar Inc. Throughout the site, the terms “we”, “us” and “our” refer to Digital Roar Inc. which offers this website, including all information, tools, and services available from this site to you, the user.
BY ACCESSING, DOWNLOADING, OR USING ANY OF THE WEBSITE AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE WEBSITE AND SERVICES.
IV. USER CONDUCT
- use the Website and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
- reproduce, duplicate, copy, modify, sell, resell or exploit any Content or the Website and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Capture Your Sexy, which consent may be withheld by our sole discretion;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Website and Services or any activities conducted on the Website and Services;
- harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Capture Your Sexy, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
- knowingly provide or submit false or misleading information;
- use the Website and Services if you are under the age of eighteen (18);
- take any action that would undermine the review and rating process under the Website and Services;
- attempt to gain unauthorized access to the Website and Services, other user accounts, or other computer systems or networks connected to the Website and Services;
- use the Website and Services in any way that could interfere with our rights or the rights of other users of the Website and Services;
- attempt to gain unauthorized access to any portion or feature of the Website and Services, or any other systems or networks connected to the Website and Services or to any server used by us by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Website and Services user;
- transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Website and Services;
- access, download, monitor, or copy any information contained on our Website and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Website and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Website and Services; or
- probe, scan or test the vulnerability of the Website and Services or any network connected to the Website and Services, nor breach the security or authentication measures on or of the Website and Services or any network connected to the Website and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Website and Services, or any other customer of Capture Your Sexy, including any Website account not owned by you, to its source, or exploit the Website and Services or any service or information made available or offered by or through the Website and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by us and provided for by the Website and Services.
We require that you create an account to use or access certain parts of the Website and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Website and Service, you agree to (a) provide us with true, accurate, current and complete information as prompted by the Website’s registration forms, when registering for or using the Website and Services and (b) update and maintain the truthfulness, accuracy, and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
VI. CONTENT SUBMISSION
As a condition of submitting any Content or other materials to the Website or Services, you agree that:
- you grant Capture Your Sexy a royalty-free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works;
- you grant Capture Your Sexy all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Website and Services;
- you grant Capture Your Sexy all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- your name and report information may be made available to the public and to the Service Providers on which you report;
- you are solely responsible for your reviews and ratings;
- we may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by us to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon your actual first-hand experiences with the Service Providers you are reviewing
- all of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings; you are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” Without additional commentary is not a thorough and thoughtful review);
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; or
- the reviews and ratings that you provide do not reflect the views of Digital Roar Inc., its officers, managers, owners, employees, agents, designees or other users.
VII. PUBLICATION AND DISTRIBUTION OF CONTENT
Capture Your Sexy does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that we simply act as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Capture Your Sexy does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
VIII. SERVICE PROVIDERS
Capture Your Sexy does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Service Provider, we are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve us. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers. Third parties and Service Providers may link or otherwise direct Internet users to our Website and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third-party or Service Provider websites. Capture Your Sexy does not control or operate any such third party or Service Provider websites. Any information you provide to these third-party or Service Provider websites while on these third parties or Service Provider websites is subject to the respective policies of those third parties or Service Providers, and not our policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that we will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Digital Roar Inc. does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk. You agree that we are not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against us relating to any interactions or dealings with any Service Provider, and release Digital Roar Inc. from any and all liability for or relating to any interactions or dealings with Service Providers. Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Website and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Digital Roar Inc. shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers on the Capture Your Sexy Website and Services.
IX. TERMINATION OF ACCESS
X. TRADEMARKS AND COPYRIGHTS
Capture Your Sexy, and other Website and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Digital Roar Inc. in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Website and Services are protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Website and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations, and software are property of Digital Roar Inc, and/or its licensors and are protected by all United States and international copyright laws.
XI. DISCLAIMERS AND WARRANTIES
The Website and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Capture your sexy is not responsible for any delays, failures or other damage resulting from such problems.
You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to or use the Website and Services; what effects the content on or in connection with the Website and Services may have on you; how you may interpret or use the content on or in connection with the Website and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Website and Services. You release Digital Roar Inc. from all liability for you having acquired or not acquired content or information through the Website and Services. The Website and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Website and Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website and Services. We make no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOUR ACCESS AND USE THE WEBSITE AND SERVICES AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER DIGITAL ROAR INC NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE WEBSITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF CAPTURE YOUR SEXY, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE WEBSITE AND SERVICES. IN NO EVENT WILL DIGITAL ROAR INC. OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL DIGITAL ROAR INC. OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITE AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, CAPTURE YOUR SEXY DOES NOT REPRESENT OR WARRANT THAT (I) THE WEBSITE AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CAPTURE YOUR SEXY n HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Capture Your Sexy has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release us from all liability for you having acquired or not acquired Content through the Website and Services. We make no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Website and Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website and Services.
The Website and Services may display links to other Internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Digital Roar Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY CAPTURE YOUR SEXY OR THE FAILURE OF CAPTURE YOUR SEXY TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
- If you use computer programming routines that are intended to aggregate records or reports from the Website and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Website and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
XIV. ENTIRE AGREEMENT
If you have any questions or complaints regarding these terms please email us: [email protected]