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YOU MAY NOT ACCESS OR IN ANY WAY MAKE USE OF DOLLSPACE UNLESS YOU ARE AT LEAST 13 YEARS OLD.
Please read this page carefully. These are the rules that govern DollSpace.com.
By using DollSpace, you agree to these terms of service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular DollSpace owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
DOLLSPACE RESERVES THE RIGHT TO REMOVE ANY PERSON FOR ANY OR NO REASON FROM THE DOLLSPACE NETWORK. YOU ACKNOWLEDGE AND AGREE THAT DOLLSPACE SHALL STORE REMOVED INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT DOLLSPACE IS NOT LIABLE FOR ANY LOST OR INTENTIONALLY DELETED INFORMATION OR DATA.
REGISTRATION DATA AND CERTAIN OTHER INFORMATION ABOUT YOU IS SUBJECT TO OUR PRIVACY POLICY. BY USING THE SERVICE YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE TERMS OF PRIVACY POLICY.
- DESCRIPTION OF SERVICE
DollSpace provides users with access to a rich collection of resources, including various communications tools, forums, networking services, blogs, events, attachments, search services, personalized content and branded programming through its network of properties which may be accessed through various mediums or devices now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for DollSpace to provide the Service. You also understand and agree that the Service may include certain communications from DollSpace, such as service announcements, administrative messages and the DollSpace Newsletter, and that receiving these communications is a condition of your DollSpace membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new DollSpace properties, shall be subject to the TOS. You acknowledge and agree that the Service is provided "AS-IS" and that DollSpace assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You acknowledge and agree that you are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You agree that you are responsible for such fees, including but not limited to any fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the applicable state and/or federal laws of the United States. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DollSpace has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or otherwise violate the TOS, you acknowledge and agree that DollSpace reserves its right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Note also, that DollSpace reserves the right to remove any account for no reason. You acknowledge and agree that DollSpace is not liable for any information lost including but not limited to Locker files, images, friendship connections, etc.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DollSpace of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You acknowledge and agree that DollSpace is not liable for any loss or damage arising from your failure to comply with the TOS.
- MEMBER CONDUCT
You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, artwork, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You acknowledge and agree that DollSpace is not responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. You acknowledge and agree that DollSpace does not control the Content posted via the Service and, as such, does not control the accuracy, integrity, quality or any aspect of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You acknowledge and agree that under no circumstances is DollSpace liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a DollSpace official, forum leader, guide, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge and agree that DollSpace may or may not pre-screen Content, but that DollSpace and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, DollSpace and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree and accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge and agree that you may not rely on any Content created by DollSpace or submitted to DollSpace, including without limitation information in DollSpace Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that DollSpace may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of DollSpace, its users and the public.
You acknowledge and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by DollSpace and/or content providers who provide content to the Service. You shall not attempt to override or circumvent any of the usage rules embedded into the Service. You acknowledge and agree that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Although DollSpace cannot monitor the conduct of its members off the Web site or on the Web site, you acknowledge and agree that it is a violation the TOS to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any member without their prior written consent.
You agree that you are solely liable and responsible for your interactions with other DollSpace members. DollSpace reserves the right, but has no obligation, to monitor disputes between you and other Members.
- NON-COMMERCIAL USE BY MEMBERS
The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and shall not use the Service or the Web site for any purpose. Illegal and/or unauthorized uses of the Web site, including collecting email addresses or other contact information of members by electronic or other means for the purpose of sending unsolicited email, unsolicited private messages, and unauthorized framing of or linking to the Web site will be investigated, and DollSpace shall take appropriate legal action at its sole discretion, including without limitation, civil, criminal, and injunctive redress. You acknowledge and agree that it is a violation of this policy to post, private message, or email DollSpace members solicitations, spam, junk mail or other commercial information or any information that serves to benefit an organization, company, or business of which a DollSpace member is an agent, member, employee, owner, leader, volunteer, or investor.
- SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Acknowledging the global nature of the Internet, you agree to comply with all local and industry rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
- Ownership
You acknowledge and agree that DollSpace does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant DollSpace the following assignable, world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible area of the Service, the perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose for which such Content was submitted or made available and for any marketing purposes at DollSpace.s sole discretion.
For purposes of TOS, "Publicly accessible" areas of the Service are those areas of the DollSpace network of properties that are intended by DollSpace to be available to the general public. By way of example and not limitation, publicly accessible areas of the Service would include DollSpace Message Boards, profile, blogs, etc. However, publicly accessible areas of the Service would not include DollSpace services intended for private communication such as Private Messages, or areas off of the DollSpace network of properties such as portions of World Wide Web sites that are accessible through hypertext or other links but are not hosted or served by DollSpace.
- Locker
You represent, warrant and agree that no materials of any kind submitted through your account, uploaded or otherwise posted or shared by you through the use of this website violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
These TOS apply to all users of the DollSpace website, including but not limited to users contributing copyrightable materials or other intellectual property.
The DollSpace website may now or in the future permit the submission of materials or other communications submitted by you and other users and the hosting, sharing, and/or publishing of such submissions. You acknowledge and agree that whether or not such submissions are published, DollSpace does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with your submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize DollSpace to use all intellectual property rights in and to any and all submissions to enable inclusion and use of the same in the manner contemplated by the DollSpace website and these TOS; and (ii) you have the written consent, release, and/or permission of each and every individual person in the submission to use the name and/or likeness of each and every such individual person to enable inclusion and use of the same in the manner contemplated by the DollSpace website and these TOS; and (iii) you agree to pay for all royalties, fees, and any other monies owing any person by reason of any content being posted by you to or through the DollSpace website. By submitting the materials to be uploaded to DollSpace, you hereby grant to DollSpace a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions in connection with the DollSpace website and DollSpace (and its successor's) business, including without limitation for promoting and redistributing part or all of the DollSpace website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the DollSpace website a non-exclusive license to access your submissions through the DollSpace website, and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through the functionality of the DollSpace website and under the terms contained herein.
In connection with your submissions, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner, in accordance with the aforementioned, to post the material and to grant DollSpace all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage DollSpace or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, is inappropriate, or violates any laws; (iv) post advertisements or solicitations of business; or (v) impersonate another person. DollSpace does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and DollSpace expressly disclaims any and all liability in connection with any submissions. DollSpace does not permit copyright infringing activities and infringement of intellectual property rights on its DollSpace website, and DollSpace reserves the right to remove any submission at its discretion without prior notice.
- INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD DOLLSPACE, AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR ACCESS AND USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your DollSpace I.D.), use of the Service, or access to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge and agree that DollSpace may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that private messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of private messages that may be sent from or received by an account on the Service, the maximum size of any private message or post that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on DollSpace's servers on your behalf. You agree that DollSpace has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge and agree that DollSpace at its sole discretion reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge and agree that DollSpace reserves the right to modify these general practices and limits from time to time and without notice to you.
- MODIFICATIONS TO SERVICE
DollSpace reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DollSpace is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- TERMINATION
You agree that DollSpace may, under certain circumstances and without prior notice, immediately terminate your DollSpace account, any associated other accounts, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Termination of your DollSpace account includes (a) removal of access to all offerings within the Service, including but not limited to DollSpace Profile, Private Messages, Message Boards, Blogs, Images, Events, etc. (b) deletion of your password (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in DollSpace's sole discretion and that DollSpace shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
- DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers, whether the advertisers pays for the consideration or not, found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that DollSpace shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
- LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DollSpace has no control over such sites and resources, you acknowledge and agree that DollSpace is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DollSpace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- DOLLSPACE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DollSpace or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DollSpace grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DollSpace for use in accessing the Service.
- DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DOLLSPACE 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 PURPOSE AND NON-INFRINGEMENT.
- DOLLSPACE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOLLSPACE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DOLLSPACE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DOLLSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- 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 OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
- NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
- NOTICE
DollSpace may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
- TRADEMARK INFORMATION
DollSpace trademarks and service marks and other DollSpace logos and product and service names are trademarks of DollSpace. (the "DollSpace Marks"). Without DollSpace's prior permission, you agree not to display or use in any manner, the DollSpace Marks.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
DollSpace respects the intellectual property of others, and we ask our users to do the same. DollSpace may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of users who DollSpace believes are infringers and particularly repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DollSpace's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
DollSpace's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: info@dollspace.com
- GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and DollSpace and govern your use of the Service, superceding any prior agreements between you and DollSpace. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DollSpace services, affiliate services, third-party content or third-party software.
Governing Law. This TOS shall be governed and construed in accordance with the laws of the State of Delaware without regard to the conflicts of laws principles thereof.
Disputes. You agree that any dispute relating in any way to your access and/or use of DollSpace or to the use or access of DollSpace by third parties shall be first submitted to a confidential arbitration in Pennsylvania in a court location that is geographically closest to the main office of DollSpace in New Hope, PA, except that, to the extent that you have in any manner violated or threatened to violate DollSpace's intellectual property rights, DollSpace may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue of such state and/or federal courts. Arbitration under this agreement shall be conducted under the then current rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Waiver and Severability of Terms. The failure of DollSpace to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator, or pursuant to the Disputes section above, a court of competent jurisdiction, to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your DollSpace account is non-transferable and any rights to your DollSpace I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within three (3) months after such claim or cause of action arose or be forever barred.
Headings. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Assignment. These TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DollSpace without restriction.
- VIOLATIONS
Please report any violations of the TOS to info@dollspace.com
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