Acceptance of Terms DirtyMascot.com ("DirtyMascot") is an entertainment provider. By using the DirtyMascot Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and make use of the DirtyMascot services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with DirtyMascot in any way, your only recourse is to immediately discontinue use of DirtyMascot. This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes DirtyMascot's policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and DirtyMascot's Privacy Policy. You may also receive a copy of this Agreement by emailing us at: Terms@DirtyMascot.com, Subject: Terms of Use Agreement. Modifications DirtyMascot reserves the right, at our sole discretion, to change, modify these terms and conditions from time to time. Such modifications shall become effective immediately upon the posting thereof. You should check on a regular basis to keep yourself apprised of any and all changes. Copyrights, Trademarks and Other Proprietary Rights. Proprietary Rights in Content on DirtyMascot. DirtyMascot owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of DirtyMascot and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Termination DirtyMascot reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. Content In connection with photographs on the site, DirtyMascot maintains this Internet Site ("Site") for personal use for those who are eighteen years or older. All photographs uploaded or displayed on the Site must be of individuals who are t least eighteen years of age. Any photograph to which the subject objects or who are below the permissible age will be promptly removed when DirtyMascot is made aware of the situation. DirtyMascot writes and permits the uploading of both gossip and satire. The content that is published may contain rumors, speculation, assumptions, opinions, and factual information. Postings may contain erroneous or inaccurate information. DirtyMascot does not insure the accurateness of any content presented. Erroneous information will be promptly removed when DirtyMascot is made aware of the situation. All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that DirtyMascot does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the DirtyMascot site and Content available through the Service may contain links to other websites, which are completely independent of DirtyMascot. DirtyMascot makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will DirtyMascot be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that DirtyMascot does not pre-screen or approve Content, but that DirtyMascot shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason. No License Except with respect to the limited license to browse this Site and to download and print certain posters for non-commercial and personal use only, nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of DirtyMascot's Proprietary Rights displayed on the Site without the written permission of DirtyMascot. No Warranties: Limitation of Liability. THIS SITE AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OR MERCHANTABILITY, THE WARRANTY OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. DIRTMASCOT AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND SERVICE ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. if USE OF THIS SITE OR ITS CONTENT RESULTS IN THE NEED FOR REPLACING OR SERVICING YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY, DIRTYMASCOT AND ITS AFFLIATES, ARE NOT RESPONSIBLE FOR THESE COSTS. Offline Events By participating in any offline DirtyMascot event, you agree to release and hold DirtyMascot harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline DirtyMascot event. Disclaimer of Consequential Damages. IN NO EVENT SHALL DIRTYMASCOT, ITS AFFILIATES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS SITE AND ITS MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIRTYMASCOT OR ITS AFFILIATES ARE ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. Links to Other Sites. This file contains links to third party Web sites. These links are provided solely for your convenience. DirtyMascot and its affiliates do not endorse the contents on such third party Web sites, have not reviewed all material linked to the Site and are not responsible for the content of any such material. Your linking to any other sites is at your own risk. Eligibility Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are of 14 years of age or older and that your use of the DirtyMascot shall not violate any applicable law or regulation. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. Term/Fees This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. You may terminate your membership at any time, for any reason by emailing support@DirtyMascot.com following the instructions on the member Account page. DirtyMascot may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your membership application or such other email address as you may subsequently provide to DirtyMascot. General Rules of Use 1. You understand and agree that DirtyMascot.com may review and delete any content, messages, text, files, images, DirtyMascot Messenger messages, photos, videos, sounds, profiles, works of authorship, or any other materials (collectively, "Content") that in the sole judgment of DirtyMascot violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. 2. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members. 3. By posting any Content to the public areas of the Website, you hereby grant to DirtyMascot the non-exclusive, fully paid, worldwide license to use, publicly perform, publicly display, modify, and translate such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the posting of your Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Content you post on the Website. 4. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. DirtyMascot reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) for band profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile. 5. You must use the Service in a manner consistent with any and all applicable laws and regulations. 6. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses. 7. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although DirtyMascot cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. 8. You may not cover or obscure the banner advertisements on your personal profile page, or any DirtyMascot page via HTML/CSS or any other means. 9. Any automated use of the system, such as using scripts to add friends, is prohibited. 10. You may not attempt to impersonate another user or person who is not a member of DirtyMascot. 11. For band profiles, you may not copy the code for your DirtyMascot Player and embed it into other profiles or ask other Members to embed it into their profiles. 12. You may not use the account, username, or password of another Member at any time nor may you disclose your password to any third party or permit any third party to access your account. 13. You may not sell or otherwise transfer your profile. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of DirtyMascot to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to DirtyMascot by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. DirtyMascot's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, DirtyMascot 155 East 29th Street, NY, NY, Suite 8C, 10016. Communications with this Site. Any communication or material you transmit to the Site by e-mail or otherwise, will be treated as, non-confidential and non-proprietary. By posting communications to this Site, you automatically grant DirtyMascot a royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights. Furthermore, DirtyMascot and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any Communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. You agree not to post or transmit any unlawful, libelous, defamatory, obscene, scandalous, pornographic, or profane material or any material that could constitute or encourage conduct that would violate any law. DirtyMascot and its affiliates will fully cooperate with any law enforcement authorities or court order requesting or directing DirtyMascot and its affiliates to disclose the identity of or help identify or locate anyone posting any such information or materials. DirtyMascot or its affiliates do not screen communications in advance and are not responsible for screening or monitoring material that the users post. if notified DirtyMascot or its affiliates may investigate an allegation that a communication does not conform to this agreement and determine whether to have the communication removed. However, DirtyMascot or its affiliates are under no obligation to do so and assumes no responsibility or liability arising from the content of any such communication nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such communications with the Site. DirtyMascot and its affiliates assume no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site. Acceptance This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and DirtyMascot regarding the use of the Website and/or the Service. The failure of MySpace.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.