AFFAIRSCLUB.COM

Membership Subscription Terms of Service Agreement

We'd like to help you get your pictures and profile online to share them with others, to help you express yourself to the world, to give you an experience that you will (hopefully) find fun and amusing and (maybe – no promises!) to help you find the kind of people you're looking for. The Agreement which follows establishes the mutual relationship that will exist between us.

Either of us can break our ties at any time (though some obligations will go on after this Agreement terminates), but our Agreement here establishes the legal rights and responsibilities we, together, will have in regard to each other while our relationship continues - and afterwards.

What follows is a contract, and so you should read each of its provisions carefully so that you understand them. In order to post here, you have to enter into the following "Terms of Service" Agreement with us.

By clicking the button below that says, "Yes! I accept the Terms of Service and enter into this Agreement" and also when you communicate with other Members, or when you establish a profile in which you can upload information, statements, or photographs, you enter into the Agreement. You can't change the Terms of Service or alter them in any way or only agree to some of the provisions.

If you don't want to agree to the Terms of Service, you should use your browser "back" button or exit from this site by clicking this link here and proceed out of this website.

NOTICE: You should know that authorized access to AFFAIRSCLUB.COM, including, but not limited to using any of its Services, is limited to persons who have read and who have accepted the Agreement which follows - and only to persons legally competent to enter into contracts. Permission for access is denied to all other persons by its owners and operators. Unauthorized access to any of AFFAIRSCLUB.COM's Services amounts to the crime of computer trespass or computer intrusion under the laws of one or more jurisdictions. And so, if you are under the age of 18, you may not use the services of AFFAIRSCLUB.COM at all. If you are a minor and proceed to click and accept, you do as a trespasser, subject to criminal penalty. Please wait until you are 18 years of age or older, and then come back to join.

A. Establishment of this Agreement

Nature, Formation, Modification and Duration of Agreement, Definitions of persons mentioned in this Agreement. This Agreement (sometimes called "Terms of Service" in this Agreement) is made and entered into by and between AFFAIRSCLUB.COM (a business name of DG International Limited, Amory Building, Victoria Road, Basseterre, St. Kitts, St. Kitts and Nevis Phone (800) 748-4573 (also sometimes called "we" and "us" in this Agreement), and "you", a Member in the program administered by us, for good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged by you and by AFFAIRSCLUB.COM); Together, you and we are the "parties"; You become a Member by entering into this Agreement; the other persons who do so are "Members", too. Your relationship with us (and that of other Members) is called a "Membership" in this Agreement. You will have expressed your assent, consent, and agreement to all of the terms of this Agreement by clicking on the link below ("Yes! I accept the Terms of Service and enter into this Agreement"). This Agreement is subject to change by us at any time through a procedure calculated and designed to inform you of the change: If we decide to change this Agreement, when we do so we will send you a notification of each change at the email address identified in your profile. We will also post the changes on the web page at this address: www.affairsclub.com/tou.php. You agree that this is a reasonable procedure that will reasonably and effectively communicate notices of Agreement changes to you. (You also agree that, should you determine to discontinue the use of the email address that you provided to us at the time of registration, substituting another email address, you will update your registration information with us by changing it to reflect the newly intended email address and by deleting the former email address, before you cease monitoring messages in the former email account, insuring that our emails will always be sent to your active, current, monitored email address.) You agree that if you use any of the Services offered by AFFAIRSCLUB.COM after we have transmitted an email to you in this manner and we have posted it to the page whose URL is set forth above, you thereby give your agreement and consent to the Agreement as it has been changed, regardless of whether you actually read or received the email notifying you of the change or whether you actually did or did not read the changes posted, and those changes will become effective to modify this Agreement forty-eight (48) hours after we transmitted such an email to you. If you do not wish to consent to the changes in this Agreement, you must cancel your Membership though this link and you must refrain from using any of the Services offered by AFFAIRSCLUB.COM. This Agreement remains in force and effect until or unless it is changed in accordance with the terms of this Paragraph or is otherwise terminated under the terms of this Agreement. Some of your obligations to us under this Agreement or any successor Agreement survive any change or termination of this Agreement or the termination of your Membership for any reason.

B. Our Obligations to You.

We promise you the following, while you are a Member, subject to all of the terms of this Agreement that:

  1. We will provide you with a Service that enables you to post photographs and personal profile information about you for the evaluation or enticement of our other Members, and which will enable other registered Members to contact you and you to contact them by instant message or email, and for all of our Members to search for one another, all by means of our servers and proprietary software. In this Agreement, "Service" and "Services" are used interchangeably to mean these same things or any of them.
  2. AFFAIRSCLUB.COM is intended and operated only for purposes of entertainment and fun and for no other purpose or purposes. We have created and operate what we think to be the best platform in existence to encourage and facilitate the process of bringing people together online. We hope that you meet other people you like through our Services – and that they like you, too. If you'd like to flirt, we hope that you get to do that, too. But we do not guarantee that you will ever meet, chat, converse, or flirt with, or exchange any information with any other real person, or any other real person looking for a genuine relationship. We aim to entertain and amuse you – and in order to enhance your enjoyment of the time you spend with us, we will employ technical means to engage you in the simulation of flirting with and discovering other attractive people. If we do it well, you may never be able to tell that we are doing it or know when it happens. This is more fully explained in Section I. of this Agreement, Cautions About The Use Of This Service And Your Release Of Liability. We will aspire to operate AFFAIRSCLUB.COM in a reasonable way under procedures that enhance your enjoyment and the benefit that you will receive from our Services, to protect your autonomy, expression, freedom of choice access, and security in ways that seem reasonable to us (in our sole discretion) and to endeavor to accomplish these things in the manners particularly described in this Agreement. We have the sole and exclusive right to run AFFAIRSCLUB.COM and its Services as we see fit, to terminate or modify any or all of its Services, to terminate your Membership or that of anyone else, or even to terminate this site or any Service or any part of any Service at any time, for any reason or for no reason, with or without prior notice to you or anyone else, as we choose, in our sole discretion. Our choices will always balance competing interests and values, including our own, and our decisions may not satisfy everyone nor perfectly nor even approximately accomplish any particular goal mentioned in this Paragraph. We will run AFFAIRSCLUB.COM by doing what we think is the right thing and you agree to accept our services exclusively on that basis.
  3. We will answer your questions within a reasonable time about these "Terms of Service" and the way our Service operates. We may decline to answer questions about proprietary information or trade secrets in the operation of our site or for any other business reason.
  4. We will design and implement reasonable measures calculated to assure your reasonable (but severely attenuated and diminished) expectation of privacy in the context of a Service which, by its very nature, attracts public attention to your appearance and profile, puts you in contact with strangers, and which depends on advertising and promotion with other, independent entities for commercial viability. You will be able to post your photographs, personal profile, and comments, and engage in instant chat with other persons in line with our Member Privacy, Security and Information Usage Policy, Section D. of this Agreement.
  5. When we change this Agreement, we will send you an email advising you of the change and post the changes, as more fully explained in the controlling provisions above, in Section A. of this Agreement.
  6. Our liability to you concerning any of these obligations and any duty which we might owe to you are limited by the disclaimers of liability and other provisions contained in this Agreement.

C. A Summary of Your Obligations to Us.

The following language conveniently summarizes many of your obligations to us. Some or most of the obligations described in this Part C. are more completely recited in other parts of this Agreement and the more complete recitation controls if there appears to be any conflict between them. Neither that a duty described elsewhere is omitted in this Part C. nor that a duty is alone described here affects its validity and force.

You promise and represent to us all of the following, subject to all of the terms of this Agreement:

  1. You are at least 18 years old at the present time. You agree that when you register with us, you will honestly and accurately enter the true date and year of your birth. You also agree that all of the other information you provide us for any purpose at any time will be truthful, accurate, and complete, as provided for in Paragraph 9. of this Section, in the Registration Rules contained in Section E. of this Agreement, and in Section J., Use and Abuse of the Services, and elsewhere in this Agreement.
  2. You agree to keep your email address registered with us current and to monitor your incoming email every day. You agree to read the email messages we send you. If they announce a change or modification of these and you do not wish to agree to them, you agree that you must immediately cancel your Membership in the manner provided for in this Agreement and that you will nevertheless be bound by those changes or modifications should you fail to immediately cancel your membership.
  3. You agree to click on the Terms of Service link located on our homepage to check for changes or modifications in these Terms of Service at least as frequently as you use any of the Services offered by us.
  4. You agree to read the provisions of this Agreement and to ensure that your conduct conforms to the rules and obligations set forth in them in every respect, at all times. You agree not to do any of the things that this Agreement prohibits. You agree to seek amplification or explanation from us in regard to any term, wording, or provision that you do not understand or which seems confusing or vague to you and to accept our explanation or interpretation, in our sole discretion, as authoritative, final, and controlling, You understand that more detailed Registration Rules (Section E.) Member Standards of Conduct (Section F.) are contained in this Agreement and that, by accepting this Agreement, you are bound by them as they are presently articulated and as they may, in the future, be changed or modified.
  5. You agree to obey the laws of every jurisdiction, national, state or provincial, and local that has authority over you in your use of our Services. You agree that you will not use the Services to infringe or violate the rights of or to intimidate, harass, or bully any Member (or any other person at all), nor to violate our rights, nor do any of these things in any place or manner outside our Services with information or other things that you obtained using our Services. You agree that, in using our Services, you will at all times act reasonably and in good faith, and that you will not unreasonably burden or afflict or inconvenience the use of the Services by any Member or us. Important details concerning your obligations are contained in this Agreement under Member Standards of Conduct. (Section F.)
  6. You agree that, in using our Services, you will accept sole and exclusive liability for the consequences of your own conduct in violation of this Agreement or in violation of the legal rights of any person, or in violation of the law. You understand that this Agreement contains many provisions regarding your own liability for your conduct, your complete waiver of any claim against us, and your indemnification of us should any aspect of your conduct give rise to a claim against us; each is important for you to understand in this regard. See Sections H., I., J., and K., and other provisions contained elsewhere. You agree that as a Member, you are using our Services for your own purposes and that the relationship between you and us is not a joint venture or partnership nor an employment or agency relationship. We simply provide Services to you under this Agreement. You are not authorized to do anything at all on our behalf nor to tell or otherwise communicate anything to the contrary to any person under any circumstances.
  7. You agree that you will not share your password with any other person, nor through oversight or negligence, allow any other person to learn it. You will not permit any other person (not even your spouse, Significant Other, or BFF!) to gain access to your account. You will notify us immediately when you learn or suspect that the confidentiality of your password has been compromised. This obligation is more fully explained and is controlled by Section D. of this Agreement, Member Privacy, Security and Information Usage Policy. and at Paragraph F. 6., in the Member Standard of Conduct.
  8. You understand that your registration entitle's you and only you to use the Services provided to you at registration, and that no right or privilege or access granted to you concerning the Service can be sold, assigned, leased, given, rented, or transferred by you to any other person (or published or distributed) without our prior consent in writing. You promise that you will not do or attempt to do any of these things.
  9. You agree that you will co-operate with us in any reasonable investigation that we may conduct concerning the use of the Services by you or any other person. You will provide us with accurate, truthful, and complete statements, information, correspondence, records, and/or documents, promptly upon our request, and if asked to do so, you will provide it under oath. This duty is more fully explained in this Agreement under Abuse and Proper Use of the Services (Section J.)
  10. You agree to tell us (as provided for in Section L. of this Agreement, Temination) when you want to call it quits and terminate your active participation in the Services we provide by canceling your registration at this link. Some of your obligations under this Agreement will continue after termination as provided in this Agreement.
  11. By posting your photograph and personal profile here, you voluntarily attract the attention and interest of many persons, and you thereby ask them to comment or evaluate. You agree to waive any claims against anyone operating or using this Service for defaming you or for portraying you in a false light, for insulting you, or for bringing private facts any of them might know about you to public knowledge or to the knowledge of any other person, for hurting your feelings, and for intentional infliction of emotional distress upon you. Simply put, you are most sincerely advised not to disclose anything about yourself in our Services – even in messages - that you don't want to be known publicly – and that you should not use our Services at all unless you have a very thick skin. This is more fully explained in Section I. of this Agreement, Cautions About The Use Of This Service And Your Release Of Liability.
  12. The world we live in is filled with cheats, frauds, poseurs, the false and insincere, with rapacious characters who seek to take unfair advantage of the guileless, naive, innocent and trusting. You might meet actual people through our services, but then again, you might not; you may never know for sure whether any encounter was with a real person. You may encounter profiles that are total fakes and you may receive communications from total fakes through our services. By "total fakes" we mean to include profiles that are total fiction, pure and simple, posted by people who bear no resemblance whatsoever to the identity described and we mean also to include communications generated by people who are deceiving you in every regard about their identity, description, and motives and communications from scripts and programs operated automatically to deceive and mislead, which may not actually not be transmitted by any real person at all. The real people you meet, if any, may be total imposters and may have malicious or pecuniary motives; they may even be paid to engage you. There simply is no way to keep these characters and programs out of any social networking site any more than there would be a way to keep them all out of society in general, and so it surely possible, and more, perhaps likely, that you will encounter them here. You may be amused by them, too. You are most strenuously advised to trust no one but your Mother, and certainly not to trust the rascals or programs you will meet here. In this Agreement, you release us from all liability stemming from any of this. This is more fully explained in Section I. of this Agreement, Cautions About The Use Of This Service And Your Release Of Liability.
  13. Categories of Membership and Charges:
    1. When you join as a Free Member you agree to the terms of this Agreement, but you do not agree to pay us any Membership subscription fee. The terms of this Agreement remain in effect until it has been terminated in conformity with its provisions. Some of its provisions survive the termination of this Agreement.
    2. This Agreement adopts and incorporates the schedule of Premium Membership prices, the descriptions of the duration of the Membership Subscription Period, and the description of Premium Membership benefits as they are published and described in our Upgrade Page at the time that you enter into this Agreement. It also adopts and incorporates each and every change that may be made to that schedule at the time that such changes may become effective pursuant to the provisions of Section A. of this Agreement.
    3. We offer several categories or tiers of Premium Membership. These categories may include a Silver or Gold Premium Membership and may also include different, special categories of membership.
    4. When you subscribe to a Premium Membership, you do so under an initial discounted or promotional plan by which you pay a reduced price for an Initial Membership Subscription Period, which may be shorter than a Regular Membership Subscription Period. When you subscribe under such a plan, you agree to pay us, at the time when your Initial Membership Subscription Period ends, at the normal, nondiscounted, nonpromotional, higher, price ("the Normal Rate") for the next Regular Membership Subscription Period and to do so again on a recurring and periodic basis when that and all subsequent Regular Membership Subscription Periods end, unless this Agreement has earlier been effectively terminated in conformity with its provisions. You agree to pay us by means of automatic credit card rebilling on a recurring, periodic basis, at the then-effective Normal Rate for your category of Premium Membership then-published on our Upgrade Page with respect to a regular Membership Subscription Period recurring at the end of an Initial Membership Subscription Period.
    5. We may change the categories of Premium Membership over time in ways that may affect the duration of Regular Membership Subscription Period, the Normal Rate, and the particular services which are provided for category, just as any other term in this Agreement may be changed in conformity with the provisions of Section A of this Agreement. The cost of your Premium Membership will not be increased nor the Services provided to you categorically decreased so as to become effective until your current Membership Subscription Period comes to an end.
    6. You authorize us to charge you (by means of on the credit card account by which you paid for your initial Membership subscription fee) for your initial Membership Subscription Period and thereafter, periodically and on a recurring basis, to charge the same account, by means of automatic credit card rebilling, at the Normal Rate for your category of Premium Membership then-published on our Upgrade Page with respect to recurring billing after the end of any Initial Membership Subscription Period, even if the Normal Rate has been increased from the current Normal Rate in conformity with the terms of this Agreement, and to do so again on a periodic and recurring basis when each subsequent Membership subscription period ends, until or unless this Agreement has earlier been terminated pursuant to it provisions.
  14. THE PURCHASE OF A SUBSCRIPTION IS NON-REFUNDABLE. Once purchased the Membership subscription has no monetary value and only entitles you to use of the Services we provide for the Membership Period. In addition to paying the published price, you are responsible for paying all applicable taxes in connection with the purchase of the Membership subscription.
  15. If you incur any additional charges beyond those provided as part-and-parcel with your level of Premium Membership, you agree to pay or have paid all fees and charges incurred in connection with your Membership with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. ALL FEES AND CHARGES ARE NON-REFUNDABLE.
  16. You also are solely responsible for any fees or charges incurred to access the our Services through an Internet access provider or other third party service, including but not limited to telephone charges.
  17. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
  18. You represent and warrant to us that you are authorized to charge transactions on the credit card you used to purchase your Membership subscription. You understand that we can sue you and take any other lawful collection action should you defraud us in this regard or should you fail to pay your Membership subscription charges as they are incurred. You also agree that we shall have the right to recover our reasonable attorney's fees and court costs associated with such a lawsuit.

D. Member Privacy, Security and Information Usage Policy.

  1. You agree that you are exclusively responsible for assuring the confidentiality of your username and password, and the security of your account. Upon becoming a registered member of AFFAIRSCLUB.COM, we will create an account for you and you will select a unique username and password combination which allows you to access the Services we provide. You agree that you shall not transfer or assign them (or any of your rights under this Agreement) nor shall you grant permission for their use to or by any other person. The username and password are confidential and proprietary material, the property of AFFAIRSCLUB.COM, and you have a strict obligation to keep the username and password confidential. We may cancel your account, at any time, with or without providing you a new account, and/or issue you a new Username and Password combination for an existing account, with or without cause, with or without prior notice to you and we may bar you from further registrations, all in our sole and absolute discretion. You never acquire a right to the use of our Services which we cannot discontinue. Should the confidentiality of your username or password become compromised or should you have reason to believe that either may have become compromised by having been learned by a person other than you, you agree to immediately to inform us via this link.
  2. The physical security of the data you upload to AFFAIRSCLUB.COM has been protected by our special security protocols engineered to afford a high degree of integrity and protection against the theft, destruction, unauthorized use, or alteration of the information associated with you or collected from you. However, no one can guarantee absolute protection of data stored on servers, and we do not warrant or guarantee the protection and security of any data you enter, upload, or transmit, but we have a high degree of confidence that our protocols result in superior security. You agree to keep and retain local offline backup copies of every item of text, images, audio, video, links, scripts, and/or design that may be of any value to you, so that its deletion from our Services, intentional or otherwise, will not irretrievably cause its permanent loss to you or destruction – and we most strenuously advise you to do so regularly and often, as frequently as you make any change to your page. We assume no obligation to back-up any of your data or to provide you with any copy of any data.
  3. You agree that our authorized representatives may gain access to your account (and all of the information and data it contains) and use it for any reasonable business purpose. They can, in their full, complete, and final discretion change or delete or add to any of the contents of your account – by way of example and without any limitation of the foregoing, to remove profane language, to change your listed gender, to remove images or text of any kind, and, in short, to make any and all possible changes in our sole discretion, of any kind or sort whatsoever, for any reason or for no reason, with or without any prior notice. We may even put advertising on your page or in your communications in our Services.
  4. You agree that you have a severely diminished and attenuated expectation of privacy with respect to any information, files, or data you provide or upload to AFFAIRSCLUB.COM or which is collected by it in association with your identity. In fact, you grant us extensive rights concerning them to use them all commercially.
  5. The very nature of this site puts you and your profile in the public eye for evaluation and rating and comment, and attracts instant chat and email from strangers. You consent to receiving email and instant messages (including advertisements and solicitations, even if they are duplicates) from AFFAIRSCLUB.COM, and its associates, licensees, customers, strangers, and Members without temporal or any other limitation, qualification, or reservation, even if you have had no prior contact or communication with any such person. You expressly consent to our disclosure and commercial use of the Content that you upload, communicate or transmit in your use of our Services and to our disclosure and the commercial use of any data or information derived or acquired from your use of the Services, including use by third-party advertisers, without effect to the other releases, grants, and licenses contained in this Agreement. The term "Content" in this Agreement means everything and anything at all that is capable of publication, posting, uploading, transmission, or communication, including but not limited to text, images, photographs, video, music, programs, and anything else so capable, at all, without limitation. The terms of this Paragraph survive the termination of this Agreement for any reason.
  6. With the exception of personal financial and billing information, you hereby grant to us a perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, freely transferable, license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, lend, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other Content you provide, upload, or transmit, on or through the Services we provide or which is sent to us by e-mail or other correspondence, for any purpose whatsoever. We may use any and all of this Content, including but not limited to text and photographs (regardless of whom they may depict) of any nature for any purpose, including, but not limited to their commercial public use in websites or in any other media we or any associates or contractors or licensees of ours may operate and in any other media of any nature whatsoever, published or operated by anyone. We shall have no obligation of confidentiality to you regarding any such Content unless specifically agreed by us in writing or required by law. We shall never be obliged to delete any information from the web site. These foregoing provisions shall survive termination of this Agreement for any reason.
  7. You agree that, even should you terminate this Agreement, portions of your profile may remain visible by other Members.
  8. You agree that, by registering and uploading and/or transmitting Content in our Services, you, yourself, are publishing them by your use of our Services. You warrant and represent to us that you possess all Publication Rights concerning any Content you use or employ in your use of our Services and that your use of our Services in connection with any Content violates the rights of no person whatsoever. You warrant that our commercial use of that Content will violate the rights of no person whatsoever. You irrevocably grant us the freely assignable or licensable right to our unrestricted, royalty-free, worldwide use of the Content that you shall publish or transmit through the use of our Services in any media or merchandise at any time, irrevocably and perpetually, waiving and releasing any and all private rights, including but not limited to rights of publication and/or publicity, public disclosure of private facts, moral rights, copyright, and any other right of any character whatsoever belonging to any person that might otherwise burden such free use of this Content in the manner described. You warrant that you possess all rights and powers necessary to effectively grant the licenses and permissions necessary for the exercise of free and plenary use of the Content which you have granted to us and to others in this Section. You further warrant and represent to us that you can prove your right to do so through documentary evidence. These foregoing provisions shall survive the termination of this Agreement for any reason.
  9. You agree that, at all times, we may examine, monitor, acquire any information associated with your use of our Services, and to disclose it to any person in our own sole and absolute discretion whenever we determine that disclosure is necessary, convenient or appropriate in discharging our legal obligation or to protect the rights or property of any person, including but not limited to ourselves, in the enforcement of the terms of this Agreement or for any business purpose.
  10. We and third-party advertisers may set cookies or run scripts on your computer that enable us or our advertising partners to identify your computer and various selections made and websites and pages visited by you and other persons using your computer, for the purpose of directing advertising that we or they feel may be of the most interest to you, and to display that advertising. You consent to that.
  11. Without limitation of the foregoing or of any other term in this Agreement, you agree that we and our banks, agents, employees, customer service personnel, or credit card processors may confirm the fact of this Membership subscription, its cost, the level of membership, and/or its inception and termination dates to anyone who may contact us or any of them with the number of any credit card which you have tendered to us or to our banks, agents, employees, customer support personnel, or credit card processors and that we may use any personal or financial information concerning you to collect sums owed to us or otherwise to enforce the terms of this Agreement.
  12. You agree that the provisions of this Section, among others in this Agreement, survive the termination of this Agreement.

E. Registration Rules

You agree that:

  1. All of the registration information you provide us about yourself – whether online or offline – whether in person at our parties and business events or in correspondence or otherwise - will be truthful, accurate, and complete. Without limiting the foregoing, you will provide your real name, date of birth and email address.
  2. You agree to update your registration information in your account in a timely and prompt manner whenever the information collected from you at the time of registration changes. You will assure that it is complete and accurate as long as you maintain an account.
  3. You agree that you shall not register under the name of any other person, real or not, living or dead, whether with that person's authorization or otherwise. nor shall you use registration information not your own. You will not maintain simultaneous registration for more than one (1) identity relating to you, yourself.

F. Member Standards of Conduct: Prohibited Conduct and Content

  1. You are responsible for the consequences of your conduct. You agree that you will violate no law nor infringe any private right, trademark, or copyright in your use of the Services and you agree that you will use the Services only in a reasonable and responsible way. Without limiting the foregoing, you agree that you will not post or upload to AFFAIRSCLUB.COM, nor through its Services, publish, depict, promote, advertise, transmit, or communicate any Content ("Content" is defined as Paragraph D. 5. of this Agreement) described below nor will you engage in any practice described below, whether done by only yourself or through the agency of any other person:
    1. The abuse or harassment, bullying, stalking or defamation of any person or giving help, encouragement, or assistance to any other person doing these things. The communication of any threat to any person. The communication of any threat of suicide. Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual. Any contact, through the Service or through any other means or modality whatsoever with any person with whom you have had contact through our service who has asked you not to contact that person, by use of our Services or otherwise.
    2. Intellectual Property, Right of Publicity, Personal Rights, and Right of Privacy:
      1. Any Content whose use by you infringes the copyright, trademark, patent, or other intellectual property of any person or which violates or tends to violate the right to privacy of any person, including but not limited to the rights of publicity, publication, false light, or the public disclosure of private information.
      2. Any Content for which you do not possess all Publication Rights (defined at L. 3. below) necessary for your use of that Content and possess written evidence of those Publication Rights, except as otherwise specifically proved for in Paragraph F. 3. below.
      3. Any Content whose use by you amounts or tends to amount to a tort against us or a third person, including, but not limited to, the torts of defamation or intentional infliction of emotional distress.
      4. Any other person's personal identification information without that person's permission for such use. (The term "personal identification information", as we use it in this Agreement, means all information personally associated with any particular person by law or custom, including without limitation, the name of and images or video depicting a person or audio containing the sound of that person's voice, and also including any person's actual or real name, any aliases, nicknames, professional names, maiden names, or pre-adoptive names, social security number, driver's license number, the number given in a passport or other officially-issued identification document as that term is defined or described in 18 United States Code Section 1028 (d)(3), expurgated or unexpurgated, redacted or unredacted images of any identification document mentioned or described in that Statute or any part of any of them. It includes, without limitation, any email address other than an anonymous email address issued by this site, the number associated with any bank account, debit card or credit card owned by or issued to any person at any time. It also includes, without limitation, any Personal Identification Number or other numbers or codes used for verification or security for any financial purpose and any username or username or password combination used or issued to be used online for access to any email account or to access or use of any computer, server, digital storage medium, or computer system or to obtain services of any character from any website or any interactive computer service of any nature whatsoever. Usernames associated with profiles on AFFAIRSCLUB.COM are not included within this definition.)
    3. The violation of any law or the promotion of or facilitation of illegal conduct under the laws of any jurisdiction in which AFFAIRSCLUB.COM may be accessed, including, but not limited to solicitation of any offense, the promotion, publication, or distribution of an illegal or unauthorized copy of another person's copyrighted work, including but not limited to pirated computer programs, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music files, images, videos, text files, graphic images, or links to any of them.
    4. Any advertising, promotion, product, service, business, commerce, offer, agreement, or proposal.
    5. Any 1) unfair, untrue, misleading, unfairly competitive, fraudulent or deceptive act, practice, communication, transmission or statement whether or not criminal under the laws of any jurisdiction, or which is calculated to achieve any such an improper purpose and 2) the use of any script, program, or other method or technique by which messages, emails, replies, or other communications may be generated and/or transmitted automatically (other than your "out of the office" automatic reply to emails or messages stating that you are unavailable and may be reached at a later time). This prohibition includes for purposes of an example, but is not limited to, the creation of fake profiles that do not even approximately describe you, but which, in fact, describe another person, fictitious or otherwise.
    6. Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive or invasive program, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, the loss or corruption of data or programs, an inconvenience to any person, or any alteration of any person's computer's settings or configuration;
    7. Distribution, publication, or solicitation of any Personal Identification Information or sexual information about any person under the age of eighteen years, whether with or without the consent of that person.
    8. Chain letters, pyramid schemes and lotteries, and any promotion or advertisement of any of them;
    9. Information concerning the use, possession, sale, distribution, availability, or manufacture of drugs, drug paraphernalia, explosives, weapons, poisons, or other toxic or hazardous substances;
    10. The use of a link to any web site or web protocol of any character from which images, pictures, logos, graphics, or pages not owned or controlled by you may be viewed, received, downloaded, or accessed in any fashion, unless you have prior consent from the owners of such other site or sites. The posting of passwords of any web site or interactive computer service and any deeplink to the contents of any web site, or assisting in the evasion of membership fees of any other person or web site without proper authorization. Linking to any hidden page, directory, or file on any web site, not directly accessible from any other link on that web site.
    11. The impersonation of another Member.
    12. Use of our Services in connection with Content depicting or describing actual or simulated sexual conduct, by photography, drawing or animation, except as provided as follows:
      1. You may post certain erotic but non-obscene images as limited below– but you may do so only if you comply with United Kingdom Obscene Publications legislation and the provisions of Title 18 United States Code Section 2257 and its implementing Federal Regulations as authoritatively interpreted by the courts of the United States or by the Department of Justice regardless of whether those statutes and regulations are constitutional. Although we will not provide you with any legal advice or forms, you should acquaint yourself with the laws concerning the publication of images depicting simulated sex, actual, explicit sex, masturbation, bestiality, sadomasochistic abuse, and certain kinds of nudity, because your publication of Content to which they apply, outside compliance with federal law, amounts to a serious crime. The law imposes certain duties on producers, including certain publishers (and each person who inserts an image regulated by the cited statute onto a web page) republishers and "secondary producers", of such Content and those duties include an obligation to inspect identity records and make and retain copies of them, to record the date of production, to inquire about alias names used by the performers, to maintain and organize records concerning the performers and works containing the images, to prepare and affix disclosure statements to works containing such images, and to make records available for inspection by the Attorney General or his or her designee.
      2. But the exception contained in F. 1. l) 1. does not extend to - and you agree that you will not use our Services to publish, transmit, or otherwise communicate or distribute - any Content depicting or describing bestiality, necrophilia, coprophilia, urine, vomit, blood, gagging, depictions or descriptions of a sexual nature involving persons under the age of 18 years (including sex of any kind, simulated sex, sexual conduct, masturbation, bondage, domination, sadomasochism or nudity), rape, the infliction of serious pain and/or torture, the sexual penetration of restrained or gagged or blindfolded persons, or the sexual activity of persons with physical or mental disabil
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