TERMS & CONDITIONS
EsteemYourself provides services to you on our site, located at www.esteemyourself.com
By continuing to use the Site after any such change, you accept and agree to the modified Terms. We reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits (including without limitation blocking or terminating your membership), rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification or discontinuance of the Site. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use please do not use this Site.
Please read these Terms carefully. You understand that these Terms govern your use of the Site.
Range of Terms and Conditions
These terms and conditions apply to your use of EsteemYourself.com referred to here as Esteem Yourself and collectively "we," "us," or "our", including EsteemYourself.com, and any other site that we may own or operate in the future. These terms and conditions do not apply to your use of unaffiliated sites to which the site or sites we may own in the future only link.
2. Modifications to Terms We may change these Terms from time to time. We will notify you of such changes by posting the amended Terms on the Site.
3. Modifications to the Site We reserve the right to modify the Site or to change or discontinue any of the services offered on the Site with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify the Site or to change or discontinue our service offerings. If you object to any change to the Site or our services, your sole recourse will be to discontinue using the Site. Your continued use of any modified service on the Site will indicate your assent to such changes.
Restrictions on Use of Material
The contents of our Site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
4. Restricted Activities You agree not to use the Site to: (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Site; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Site or services or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site. You agree not to use the Site, including the Tell-a-Friend e-mail feature and EsteemYourself Story, to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by EsteemYourself in its sole discretion.
Without our written consent, you may not: (i) reproduce, duplicate, copy, display, transmit, adapt, publish, sell, resell, or in any way exploit the content, or exploit commercial purpose, any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
The Site contain a number of areas through which you will be able to submit materials to us (collectively, "Submissions"). For example, your Submissions might include self-esteem or confidence stories,question answers, or opinions, photographs, or messages you would like to post to forums. We do not claim ownership of any of your Submissions. However, by making a Submission you (a) grant to us and our affiliates, representatives, and assigns an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, transferable license (with the right to sublicense through multiple tiers) to use, reproduce, prepare derivative works of, distribute, adapt, publish, translate, publicly display, transmit or otherwise dispose of your Submission (in whole or in part, alone or together with other materials) in any format or medium now known or later developed, including without limitation for advertising and promotional purposes, (b) warrant that you have the right to grant the foregoing rights to us, (c) agree that we have no obligation to compensate you for your Submissions or to exercise any of the foregoing rights and that any such exercise shall be in our sole and absolute discretion, (d) warrant that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, or obscene, that invades a person's privacy, that violates any intellectual property rights or that violates any law, (e) warrant that your Submission does not solicit funds, or advertise or solicit goods or services, (f) agree that we may, and may authorize others to, identify and credit you as the author of your Submissions and use your name and pertinent biographical data in connection therewith, and (g) agree to indemnify and hold us harmless from any and all loss, damage, and/or expense (including reasonable attorneys' fees) that we may suffer arising from or related to the exercise by us of the foregoing rights or the breach or alleged breach by you of any of the foregoing warranties by. We retain the right to reject Submissions. We are not responsible for screening Submissions for any reason. We retain, however, the right to reject, modify or remove Submissions that we, in our sole and absolute discretion, consider unacceptable. Whether or not we reject, modify or remove a Submission, you remain solely responsible for the content of your Submission. If we highlight any particular Submission in any area of the Site, any promotional materials or otherwise, such conduct is not intended as, and should not be deemed to be, an endorsement by us of such Submission.
Respecting the intellectual property rights of others, we have a policy of removing Submissions that violate copyright law, suspending access to the Site (or any portion thereof) to any user who uses the Site in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Site in violation of copyright law. If you believe your copyright is being infringed by a user of the Site, please contact us through our contact Site page for notice of claims of copyright infringement. Your notice must identify in a sufficiently precise manner the copyrighted work alleged to have been infringed and contain adequate information by which we can contact you (including postal address, telephone number, and e-mail address).
These terms and conditions apply only to the Site, and not to the sites of any other companies or organizations, including those to which the Site may link. We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
Other sites may link to the Site only through a plain-text link. For any other type of link to the Site permission must be granted by us. To seek our permission, you may email us through our site contact page. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our discretion at any time.
8. Termination We may terminate your use of the Site without prior notice for any reason, in our sole discretion, including without limitation, if we believe that you have violated these Terms. We may, at our discretion, terminate the registration of any general user who violates any of these terms and conditions of use, any of the forum member guidelines or for any other behavior that we in our discretion believe is inappropriate. You may discontinue your access to the Site at any time.
9. Medical Disclaimer
No Personal Advice
The information contained in or made available through the Site (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. No information contained on the Site or in any e-mail sent to you by EsteemYourself ("EsteemYourself Content") is to be taken as medical or other health advice pertaining to any individual's specific health or medical condition. EsteemYourself disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any EsteemYourself Content. The EsteemYourself Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all EsteemYourself Content.
EsteemYourself is not engaged in rendering medical or professional services. The EsteemYourself Content is not a substitute for the diagnosis and advice of your health care professional and the EsteemYourself Content must not be used in place of such diagnosis and advice. EsteemYourself disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any EsteemYourself Content. The EsteemYourself Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. EsteemYourself is not engaged in rendering medical or professional services. The EsteemYourself Content is not a substitute for the diagnosis and advice of your health care professional and the EsteemYourself Content must not be used in place of such diagnosis and advice.
In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site.
YOU ACKNOWLEDGE THAT ESTEEMYOURSELF IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING ESTEEMYOURSELF CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN. ESTEEMYOURSELF (ESTEEMYOURSELF.COM) EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE ESTEEMYOURSELF CONTENT. You agree, at your expense, to indemnify and hold EsteemYourself harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against EsteemYourself arising from or related to decisions or recommendations you make using the EsteemYourself Content.
10. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ESTEEMYOURSELF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE OR THE ESTEEMYOURSELF CONTENT.
ESTEEMYOURSELF MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES ESTEEMYOURSELF MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE ESTEEMYOURSELF CONTENT OR THAT DEFECTS IN THE SITE OR THE ESTEEMYOURSELF CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
11. Limitation of Liability TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ESTEEMYOURSELF OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE ESTEEMYOURSELF CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
12. Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
13. Parental Permission
Some of the information available on the Site concerns the topic of sex and may not be appropriate for children. Further, the Site are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under the age of 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We may, at our discretion, except only Submissions from user 18 and up and restrict receiving submissions from users under the age of 18. We may, at our discretion obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time. We also reserve the right to modify or discontinue Site (or portion thereof) with or without notice to you.
14. Indemnification You agree to indemnify, defend, and hold harmless EsteemYourself, and its partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) your Content and any information you submit, post, or transmit through our Site, (2) your use of the Site or the EsteemYourself Content, (3) your violation of these Terms, (4) your violation of any rights of any other person or entity, or (5) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Site.
15. Trademarks EsteemYourself, EsteemYourself.com are trademarks of EsteemYourself.com. All images, text, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site constitute trade dress and are the property of their respective owners. Any use of such trademarks, service marks, registered or pending, and/or trade dress without the prior written consent is expressly forbidden. Any other trademarks or service marks appearing anywhere on this site are the property of their respective owners.
16. Copyright The Site, the EsteemYourself Content, and all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Site are the exclusive property of EsteemYourself.com and their respective owners and its licensors, and are protected by U.S. and international copyright laws. The EsteemYourself Content and any other content on the Site may be used for informational purposes only. Any other use of the EsteemYourself Content or such other contents on the Site without the prior written consent of EsteemYourself.com. is expressly forbidden. The reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, Publication, or any commercial exploitation of the contents of the Site or the EsteemYourself Content is expressly prohibited without the prior written consent of EsteemYourself.
(Last modified - January 24, 2008.)