http://www.howmuchdotheyweigh.com (“Site” or “HMDTW”) is a passive site for entertainment purposes only. We are an unofficial site for people to entertain or amuse themselves regarding the weight of celebrities. We do not provide any content, merely the place for people to provide their own User Generated content (“UGC”). All of your actions are governed by this Terms of Service Agreement (“Terms” or “Agreement”). We have no control over this content, and are not responsible for any comments made by our users. We expressly disclaim all liability for any claims or causes of actions, including but not limited to defamation, invasion of privacy, false light invasion of privacy, negligence, breach of contract, or similar. All claims or disputes are governed by the laws in Vicotria, Australia, and must be filed in Victoria, Australia.
ACCESSING OUR SITE
You may not participate in HMDTW, if you have not agreed to these terms. Most importantly, by accepting the terms, you agree to use our site only for lawful purposes, and indemnify us for any of actions you perform here that could prove injurious to us at any future date. All content is submitted by Users, and any names that may appear are for reference purposes only. We reserve the right to reject any submission for any reason. If you have an issue with any particular post please let us know.
BAD THINGS YOU’RE NOT ALLOWED TO DO
This isn’t craiglist, so please don’t spam us with your commercial or advertising messages. We will sue you. Please don’t defame anyone, or say anything false, mean, or that would be uncouth. In other words, if you can’t say it to your mothers face, don’t say it on here. We reserve the right and the sole discretion to determine what is “bad” on this site, and will take action when and how we feel it would be appropriate. Just because we don’t take action against someone for one thing doesn’t mean we’re waiving any rights, and we reserve the right to take action against anyone for anything.
By using this site you agree and understand that it may contain information, video, sounds, graphics, and/or photographs (“Media”) that is protected by copyright, trademark and various intellectual property rights. You agree not to modify, augment, transmit or delete any of our intellectual property. Except as previously provided, or as permitted by fair use rights under copyright law (see, e.g., 17 U.S.C.A. Section 107), you may not upload, post, reproduce, or otherwise distribute Media protected under federal and state statues, or other proprietary right, without first obtaining permission from the rightful owner of said Media. You also agree to indemnify and hold us harmless for any consequence that results from your actions on this site.
We assume that all UGC that users post or distribute through this site that is protected under intellectual property laws is posted with permission to do so. We may also, at times, comment on specific photos but such comments are meant to provide opinions only. We may also allow our users to comment and they are responsible for their actions and will be liable for any defamation or invasions of privacy.
Since we are opposed to copyright infringement we are registered in accordance with the Digital Millennium Copyright Act (“DMCA”) to receive notices of copyright infringement. If you believe your intellectual property rights have been violated. Send us a DMCA takedown notice via:
C/O The Kelly Law Firm, L.L.C.
13430 N. Scottsdale Rd. Suite 106
Scottsdale, AZ 85254
If the DMCA is sent by e-mail, the subject line must include: the words DMCA Notice. The content of the notice (both electronic and otherwise) should include: the name of the copyright owner and if applicable, your name if you are someone other than the owner, the title (and preferably URL, if Internet-based) of the work being infringed, the location of the infringing material on our site, and the following statement:
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The person sending the notice must sign it, and if sent it by e-mail, an electronic signature is fine.
Any DMCA notices that do not comply with this will not be honored. Please note it is also a crime to send a DMCA notice if you are not the owner of the intellectual property.
THIRD PARTY CONTENT
HMDTW is a UGC website. So whats that mean you may ask? Well: (1) any content, media or information is transmitted to us by users of the Site is your responsibility; (2) you are fully responsible for any dispute that may arise in connection with any UGC you contribute.; (3) any information or User Media that you submit is done in a manner that automatically grants us a license to use that Content; and (4) you are responsible for any photos or comments that may be an invasion of privacy or are defamatory.
You are responsible for, and will indemnify HMDTW, its employees, agents, vendors, affiliates, members, directors, officers, advertisers, and any other related entity for any disputes or liability that may arise as a result from any and all of your interaction with the Site.
You agree that we are not responsible for any loss or damage that may occur as the result of your actions or others. In the event we are subpoenaed by a third party to obtain your information, you agree that we will be required to provide such information to said third party to the extent the law requires or which we reasonably believe is required in order to comply with the law.
INDEMNIFICIATION; LIMITATION OF LIABILITY; DISPUTES
You agree to indemnify and defend HMDTW, its directors, officers, employees, agents and contractors against any liabilities, including reasonable attorney and litigation fees, court fees and disbursements, which arise from any manner or issue related to your use of HMDTW.
HMDTW unambiguously disclaims any and all warranties, fault or liability, including but not limited to any liability for intellectual property infringement. Our liability is disclaimed to the fullest extent possible and permitted by the law of any and all jurisdiction. We limit our liability to the fullest extent possible, and expressly disclaim all liability for infringement, invasion of privacy, defamation, or otherwise.
The laws which apply to these Terms of Service are those applicable in Victoria, Australia and must be filed in Victoria, Australia. The prevailing party in any action will be entitled to their attorneys’ fees and costs.
IN ADDITION, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED HMDTW MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, IT IS PERMANENTLY BARRED.
We reserve the right to permanently or temporarily terminate your access to this site at any time. To the extent that any export-control laws apply to your use of this Site, you agree to abide by any and all export use laws, or other statues, regulations or rules that would prohibit your use of the Site. Headers and headings in these terms are meant for descriptive purposes only and do not have any legal effect or consequence. At times, two parties mutually agree to terms that courts won’t uphold. However, that shouldn’t affect the intent of this contract, so you agree that if a judge declares a portion of these Terms of Service of no effect, the rest of the Terms of Service will stay in effect, as much as is still possible, minus the portion deemed null and or void. Links on HMDTW may contain, or send you to, third party content, such as music, videos, images, information, software, and other content belonging to or originating from third parties, such as YouTube, Facebook, MySpace, Twitter, or any other social media platform that may emerge in the future. Again, HMDTW is not responsible for this Media, and any availability of the any material on the HMDTW website does not imply or infer our endorsement of it.