GlobeScene Terms Of Service

Important

This is a legal agreement between you and GlobeScene (“GlobeSceneMessenger”). This document is the Terms and Conditions regarding the usage of GlobeScene’s programs, documentation and or associated materials. By using our programs and associated products, you agree to be bound by this agreement and any other policies GlobeScene has implemented. If for whatever reason you do not agree with anything provided in these Terms and Conditions, you must cease to use any product produce and or hosted by GlobeScene and are not authorized to continue to install any of such products.


We GlobeScene, grants you a non-exclusive, non-transferable license of our products (“Programs”) solely for your personal use on any computer. For the purpose of this Agreement, the product (“Programs”) is considered to be "in use" when it is loaded into your computers temporary memory (For Example: RAM) or installed into your computers permanent memory (For Example: hard disk or other storage device) of your computer.


You must be of at least eighteen years of age to download or use GlobeScene (“Programs”) without an Adult their present. Some rooms hosted on GlobeScene may contain adult content and or mature content (For Example: foul language and or nudity). Under this terms and conditions, you agree that you are at least eighteen years of age to use adult rooms.


If you are between the ages of thirteen and eighteen you may use GlobeScene(“Programs”) with adult supervision and permission. The permission of the adult must come from your guardian, parent or career. If you are under the age of thirteen you are not permitted to use GlobeScene (“Programs”)


User Accounts

All users (Adults) assume all liability and responsibility for their account with GlobeScene, this includes allowing the use of your account by any other persons, including but not limited to use of their accounts by persons under the age of eighteen years of age. GlobeScene reserves the right to terminate and or suspend any users account with or without notice.


Action may and will be taken if GlobeScene finds that a person (Child) of under the age of thirteen is allowed to use another user’s account. If a person (Child) is less than thirteen years of age has access to your computer, do not under any circumstances save your password to GlobeScene (“Programs”). This will prohibit the use of an account stored on GlobeScene (“Programs”). If you find there has been an unauthorized account created on your computer please inform GlobeScene immediately so no further action will be taken.


When registering an account with GlobeScene, you will create a username and password to protect such account. You may not create a username, which violates any copyright, third party's trademark right or a name, which GlobeScence deems be obscene, offensive or in any other way unsatisfactory. GlobeScene reserves the right to delete any obscene, offensive or unsatisfactory usernames. You are liable for all activities managed through your username (and account), you may also allow another person, including a minor (13 - 18 years of age), to use your username subject to your supervision; although, you will be held liable for anything that that person says or does while using your username. In you agreement to use the GlobeScene (“Programs”), you agree to

(a) Provide true, accurate and complete information about yourself ,

(b) Maintain and promptly update your information to keep it true, accurate and complete and

(c) Notify GlobeScene of any unauthorized use of your account or password.

No representations or warranties

THE PROGRAM IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


Ownership

The (“Programs”) are property of GlobeScene and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the (“Programs”) as any other copyrighted and legally protected material. You may not change, alter, translate, decompile, disassemble the (“Programs”) or create borrowed works using or based on the (“Programs”), nor may you give out this (“Program”) to provide services for third parties, sublicense or transmit all or any portion of the (“Program”), nor may you allow others to do so. GlobeScene reserves all rights herein. GlobeScene owns all rights and to the (“Program”) and nothing in this Agreement shall keep anyone from transferring, conveying, impairing or otherwise affecting GlobeScene's ownership or rights or any other GlobeScene information or materials, tangible or intangible, in any form and in any medium.

Terms of Use

You, and anyone you allow to use your Account, may not participate in conduct which is unlawful or does not allow another user to enjoy using GlobeScene (“Programs”) or which GlobeScene considers to be unacceptable. Even if you have paid to subscribe to GlobeScene, GlobeScene reserves the right to terminate ALL of your usernames if, we determines that through ANY of your usernames, whether paid or free, you have participitated in any conduct deemed prohibited or unacceptable. Please be advised that if you have paid to enjoy GlobeSceneMessenger, your subscription fee WILL NOT be refunded (either in whole or in part) if your username is, terminated or suspended, even if the termination is a result of unacceptable conduct through a free username. Without taking responsibility GlobeSceneMessenger reserves the right to stop participation and/or take measures against participation, which GlobeSceneMessenger deems to be harmful or offensive to other users is unacceptable for any reason or no reason whatsoever or otherwise detracts from the GlobeScene service or adversely affects GlobeScene, its business or software in any manner whatsoever. For example unacceptable participation may include: (a) threatening, harassing, or intimidating another user, (b) transmitting any unlawful, threatening, abusive, profane, offensive, defamatory, or hateful text or voice communication or Images or other material, or any racially, ethnically or otherwise objectionable material, or any material that violates or infringes the intellectual property or privacy or publicity or other rights of any other party; (c) using any obscene or offensive alias; impersonating another user, including, without limitation, a GlobeScene administrator or representative; (d) abusing the GlobeScene (“Programs”), GlobeScene or its representatives, administrators; (e) posting or transmitting any advertising, promotional materials or other forms of solicitation to other users; (f) permitting language, text or images that are inappropriate to the room you host or abusing your right to take action against participants in your room or (g) disrupting the normal operation of any chat room or otherwise acting in a manner that negatively impacts other users or is inconsistent with the rating of a room or attempting, soliciting or abetting another to do of any of the above. In addition, examples of unacceptable participtation may include, hacking the program, stealing the username of another user, sending a Trojan, worm, time bomb, cancelbot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. If GlobeScene fails to address unacceptable behavior at any time it shall not constitute a waiver by GlobeScene with respect to any similar behavior in the future. GlobeScene also reserves the right to stop any group activity of known or suspected hate group or other similar organization.

You also understand and agree that all and any information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") that is provided by, is the responsibility of the person that provided that Content and that GlobeScene is not responsible for such Content. GlobeScene does not authorize Commercial Rooms and therefore is not responsible for the content of Commercial, unless specifically denoted. GlobeScene gives no views as to the content of any room and is not responsible for any actions that take place in them. To the extent that you participate in any activity on GlobeScene, you do so at your own risk.

If while on GlobeScene another user attempts to send you a video, graphic or image and you do not know the user, the image sent by the user may not be appropriate for the rating of the GlobeScene room you are in. You should use your judgment before accepting an image, file, cam request or PM (“Request”). You agree that if a request is accepted, you are accepting that request at your own risk and that you waive all of your rights of any kind in law, equity or otherwise worldwide, and that all claims that you seek against GlobeScene will then be null and void.

In addition, you should be aware that if you publish, distribute or display an image or speak on the mic or send a text message to another user, that user or another user may capture, reproduce or download the Image or Chat and redistribute it. They could be distributed in a way that you do not wish the Images or Chat to be distributed. In other words, you should not publish any Image or Chat, which you would not like to have copied.

You agree that your Publishing of such Image or Chat is at your own risk and you waive all of your rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against GlobeScene Parties (hereinafter defined) arising out of, or relating to your Publication of such Images or Chat

It shall be a breach of the Terms of Service for a GlobeScene user to copy any Image or Chat that is Published on GlobeScene without the express written consent of (i) the person Publishing the Images or Chat and (ii) the person whose image is Published (if such person is different from the Publisher). No user or other party shall be deemed to be a third party beneficiary of the Terms of Service.  

GLOBESCENE PICTURE REQUIREMENTS. Please follow the guidelines when submitting a picture for your profile. GlobeScene strives to make the best possible user experience for all of its members, and this includes allowing users to express themselves in their own unique ways.

All pictures must follow the below guidelines:

Can't be copyrighted, or contain the image of a celebrity.

Can't be defined as harassing.

Can't contain impersonations.

Can't contain excessive violence.

No nudity.

No profanity or offensive language.

Nothing pornographic.

Nothing obscene or indecent.

Can't be sexually graphic (no intercourse, bodily fluids, sexual activity, masturbation).

NO SOLICITATION; NO DEFAMATION. You agree that you will not (a) solicit, cause, or assist in soliciting or causing, an officer, director, agent, administrator, GlobeScene help, consultant or any other person that consults for, volunteers for, represents or assists GlobeScene (each a "Representative") to (i) terminate, suspend, discontinue or end such Representative’s help, consultancy and/or other relationship with GlobeScene, or (ii) become employed by, or work or consult for any other entity or person, (b) make any negative, defamatory statement(s) or comment(s) about GlobeScene or any of their Representatives, or participate in an action that might tarnish the image, reputation, ability or character of GlobeScene or any Representative, or tarnish or decrease any of GlobeScene's trades or services or its goodwill; or (c) solicit or cause any existing user of GlobeScene to stop using, or any new or potential user of GlobeScene not to use GlobeScene products or services; (d) aid, abet or authorize any person to participate in any of the information above here.

Hosting A Chat Room

In accordance with the Terms of Service, you have the ability to create your own room on GlobeScene. If you are the host of a room and another user is not behaving in a manner that is consistent with the Terms of Service as applicable to your room, you (and certain people authorized by you), have various options to address such behavior.

(a) By “LEFT CLICKING” on the name of the person that is not behaving appropriately, you will see a choice to

(i) remove that person from your room ("Kick User")

(ii) stop their text (“Red Dot Text”)

(iii) stop their cam (“Red Dot Cam”), (iv) stop them from getting the microphone (“Red Dot Mic”)

(b) by bringing up a PM (“Private Message”) you can alerting GlobeScene Messenger personnel ("Report as a Bad User"). In addition, you can add the user to your Buddy List, and click on "Block User," which will prevent the user from contacting you. When creating your own room, more information will be available to you.

Room Ratings

Group Chat Rooms are "rated" in order to enable users to determine what language and images are appropriate and may be expected.

The ratings are guidelines that are enforced by the administrators of each chat room, and are not to be regarded as an assurance that the content will be safe or acceptable to you or anyone under eighteen (18) years of age.

For example, in a "G-Rated Room," no foul language is permitted, nor are pictures involving adult themes (nudity or violence, for example), nor nudity on cams. You must be at least eighteen (18) years old to participate in either an “R” or “A” rated rooms. In an "R-Rated Room," some offensive language and content may occur (this may include pictures of violence but no nudity), on cams men can be without shirts and women can have bare shoulders (i.e. halter tops).

In an "A-Rated Room," you should expect offensive language and content , on cams there may be nudity.

GlobeScene is not liable for any assumptions that you make when entering any given chat room or for any inappropriately rated chat rooms and you assume all risk in joining any chat room or permitting anyone under eighteen (18) years old to join any chat room.

ACCOUNT TERMINATION POLICY

A. GlobeScene will terminate a User's access to program if; they are determined to be a repeat offender.

B. GlobeScene reserves the right to decide if everything complies with these Terms of Service. For violations other than copyright infringement and violations of intellectual property law, such as, pornography, obscene or defamatory material. GlobeScene may remove a user or terminate a user’s access for uploading material in violation of these Terms of Service at any time, without prior notice.

LAW ENFORCEMENT. GlobeScene will cooperate fully with law enforcement when information is requested concerning suspected criminal or other activity and, GlobeScene may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. GlobeScene can also review of the conduct of any user, either independently or if there is a complaint by another user. GlobeScene will take all the steps that GlobeScene deems appropriate. The results of any investigations may be disclosed to whatever parties GlobeScene feels is necessary.

TERMINATION OF ACCOUNT. If GlobesSceneMessenger has found that you have breached this Agreement, or acted in an offensive behavior prohibited by this Agreement, then ANY of the following may occur: you may be issued a warning; your access to the program may be suspended or your account may be temporarily or permanently blocked; or GlobeScene may take other actions against you. Please be advised that if you have paid to subscribe to any of the GlobeScene services, your subscription fee will NOT be refunded (either in whole or in part) if your account is terminated or suspended.

LIMITATION OF LIABILITY AND INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN GLOBESCENE OR ANY OF THE PARTIES AFFILIATED WITH THEM SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING FROM THE USE OF OR NOT THE USE OF THIS PROGRAM, THE LICENSE IN CONNECTION WITH THIS AGREEMENT, EVEN IF YOU TOLD GLOBESCENE OF YOUR DAMAGES. YOU AGREE TO NOT HOLD GLOBESCENE PARTIES FOR ANY AND ALL LOSS, COSTOR ATTORNEY FEES AND COURT COSTS, BECAUSE OF USING THE GLOBESCENE PROGRAMS AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT.

GOVERNING LAW; AMENDMENTS. This Agreement is governed by the laws of the State of California and in the event of a dispute arising; then, you agree to follow the exclusive jurisdiction of the federal and state courts located in the State of California. If a court determines any remedy provided to you under this Agreement has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and remain in full force and effect. Only an authorized representative of GlobeScene can modify the Agreement. GlobeScene has the right to modify the terms of this Agreement from time to time, by posting the most current version of the Agreement on its website. Without notice to you In addition, you shall also be bound by any posted rules or guidelines according to you using the GlobeScene program.

PRIVACY POLICY. GlobeScene’s Privacy Policy can be found on the website www.GlobeScene.com.

In the event you believe that a user has sent inappropriate images of a minor or has solicited a minor, please click on www.cybertipline.com, which is affiliated with the National Center for Missing and Exploited Children (telephone 1-800-843-5678).

OTHER REFERENCE SITES:

General Information:

Get net wise! Common sense guidelines:

http://www.getnetwise.org/

Learn about parenting and keep your kids safe on the net:

http://www.safekids.com/

Anti-Child porn information:

http://www.antichildporn.org/

Legal issues

Child Online Privacy Protection Act. (coppa):

http://www.ftc.gov/bcp/conline/pubs/buspubs/coppa.htm

Child Online Privacy Protection Rule:

http://www.ftc.gov/os/1999/10/64fr59888.htm

Child internet protection act:

http://www.fcc.gov/cgb/consumerfacts/cipa.html

Child safety information sites:

FBI child safety information:

http://www.fbi.gov/publications/pguide/pguide.htm

Operation Blue Ridge Thunder:

http://www.blueridgethunder.com/

National Center for Missing and Exploited Children:

http://www.missingkids.com/

(telephone 1-800-843-5678)

Child Online Privacy Protection Rule:

http://www.ftc.gov/os/1999/10/64fr59888.htm

Acceptable Use. You shall be solely liable for any transmissions sent through the Service. We have no control over the content of any transmission nor will we be liable for such content. Subscriber shall not use the Services to create or distribute any images, sounds, messages or other materials, which are obscene, harassing, racist, malicious, fraudulent infringing or libelous, nor use the Services for any activity that may be considered or are unethical, immoral, violative of any third party's rights, or illegal. Further, you will abide by all rules, regulations, procedures and policies of and any policies of the networks connected to the Services. You agree to abide by all applicable local, state, national, foreign and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service.

Payment for Services. We will charge you the rates in effect posted on our program, plus any extras that you may want (icons, room enhancements, etc). Such rates may be updated by us from time to time and will be effective when published on GlobeSceneMessenger.com. Some charges (such as, surcharges from paypal) may be applied in your account before you are charged for such amounts, or such amounts may be charged to you as assessed. Your paid services start on the day the subscription purchase is successfully processed. Subscriber agrees that all payments will be made to Paypal.com

Modification of Service. During the term of this Agreement, we may modify or discontinue the Services at any time and with or without notice to Subscriber. You agree that we shall not be responsible or liable in any way for deactivation or deletion of accounts. You are responsible for creating a back-up copy of any important or critical information that is stored concerning your username or conversations that you deem necessary on the Services. We shall not be responsible or liable in any way for any information or data loss in connection with the Services.
Termination of Service. GlobeScene has the right to restrict, suspend, modify or end you service to protect us or the users with or without notice. According to the above Agreement we may stop or delete your username. You or a third party may not hold us responsible for terminating you username for any reason or modifying these Terms of Service.

Indemnity. You agree to hold harmless GlobeScene Parties from any and all claims, losses, liabilities (including attorney fees or court costs), damages, costs and expenses, in any way because of your use of this Program, your violation of this Agreement, communication or any Content provided on this Program.

DISCLAIMER OF WARRANTIES. WE PROVIDE THIS PROGRAM ON AN "AS IS" BASIS AND GIVE NO WARRANTIES OF ANY KIND, WE ALSO GIVE NI WARRANTIES REGARDING CONTENT OR ACCESS TO THE PROGRAM, AND ANY WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY. WE DO NOT WARRANT THAT THE PROGRAM, CONTENT OR SERVICES MADE AVAILABLE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED OUTSIDE OF OUR CONTROL. WE MAKE NO WARRANTY THAT THE PROGRAM WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PROGRAM SHALL CREATE ANY WARRANTY NOT MADE HERE BY GLOBESCENE. WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES PROMOTED, BY THIRD PARTIES ON OR THROUGH THE PROGRAM. WE DO NOT GET INVOLVED, OR WATCH, ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF SUCH ACTIONS. IN NO EVENT SHALL WE OR ANY OF OUR STAFF MEMBERS (ADMINS, SNR CO-ADMINS, CO-ADMINS, CS, TECH, SALES MANAGERS, CS, TECH, SALES TRAINERS, CS, TECH, SALES, CS, TECH, SALES GUIDES OR CS, TECH, SALES TRAINEES) BE LIABLE FOR ANY PUNITIVE DAMAGES ARISING FROM -------OR RELATED TO THE PROGRAM OR THE CONTENT WHETHER ARISING AT LAW OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SERVICES, EVEN IF WE ARE TOLD OF SUCH DAMAGES., OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Terms Of Service • Privacy Policy • Disclaimer



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