ACTIVEDOLLS CLIENT TERMS AND CONDITIONS and END USER LICENSE AGREEMENT
This document discloses the Client Terms and Conditions and End User License Agreement (the "Agreement") that apply to the use of Activedolls (the "Service"), composed of the software "Activedolls", the web site "www.activedolls.com", and the games, activities, services, materials and software on that site offered to you by Pineapple Works (the "Company").
By using or visiting the Service, you agree to the terms of this Agreement as if you had signed it. Please read them carefully. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.
Client Terms and Conditions
1. Adult content
All materials contained in the Service are intended for distribution exclusively to consenting adults in locations where the materials contained in the Service do not violate any community standards or any federal, state or local law or regulation of the United States or any other country. No persons under the age of eighteen (18)years (twenty-one (21) in jurisdictions where eighteen (18) years is not the age of majority) may directly or indirectly view or possess any of the contents of the Service.
By visiting or using the Service you affirm that you are at least eighteen (18) years or older (twenty-one (21) in jurisdictions where eighteen (18) years is not the age of majority), that you are voluntarily choosing to view and access adult material, including sexually-explicit images and content, and that you are not offended by such material. You understand your local contemporary community standards regarding sexually explicit content, and you affirm that content displayed by the Service fall within your community's acceptance of sexually explicit content. You intend to view the sexually-explicit material in the privacy of your own home, or in a place where there are no other persons viewing the material who are either minors or who may be offended by such material.
2. Your Obligations
You agree to comply with all applicable laws, rules and regulations in connection with the Service and not to use the Service to conduct any activity which is prohibited by law, or any contractual provision by which you are bound. You agree that you will not use any device or process to interfere or attempt to interfere with the proper working of the Service.
PROHIBITED AREAS from which no part of the Service may be accessed, viewed, downloaded or otherwise received: All parts of every geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading or other use of materials contained in the Service would, or could reasonably constitute a violation of any law, regulation, rule or custom.
3. Termination
These Client Terms and Conditions and End User License Agreement may be terminated by the user by uninstalling the Service from the computer on which it resides. The user may consult the documentation installed with the software for instructions regarding the uninstall process.
4. Tickets/Pay per access
When you complete Activedolls purchasing process and pay the Full Access ("Ticket") bill, you become an Activedolls Full Access User. Your Ticket allows you to access certain contents that are available through our servers for Full Access Users only. Your Ticket and your Full Access User condition expires after a certain period of time as detailed in the purchase form.
5. Refunds
All Refunds are given according to Pineapple Works' decision.
6. Software/Computer Compatibility
You affirm that you have installed, and successfully run the demo version of the Service on your computer system PRIOR TO paying for the Service. In other words, you affirm that the computer system on which you plan to use your Full Access Ticket is compatible with the Service. Upon running the demo version of the Service, the software clearly indicates if your computer system is not compatible.
7. Ownership of Intellectual Property and Restrictions on Use
You acknowledge and agree that all contents or materials displayed or otherwise available through the Service are proprietary and constitute valuable intellectual property owned by Pineapple Works or others who have licensed use of such contents to Pineapple Works. You acknowledge and agree that as such you may access, view, download, receive and otherwise use the contents available at the Service only as specifically authorized by Pineapple Works and in accordance with these Terms and Conditions, only on one computer at a time, and for your own personal non-commercial use and enjoyment, those contents may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Pineapple Works.
You further acknowledge that Pineapple Works specifically prohibits you from doing any of the following acts, and you agree not to do any of these prohibited acts:
(a) permitting other individuals to directly or indirectly view or otherwise use the contents of the Service, including by sharing usernames and passwords;
(b) modifying, translating, reverse engineering, decompiling, disassembling the contents or any feature or functionality of the Service (except to the extent applicable laws specifically prohibit such restriction);
(c) making copies or creating derivative works based on the materials of any kind, except as provided herein;
(d) renting, leasing, or transferring any rights in the materials;
(e) removing, disabling or circumventing any proprietary notices or labels on the Materials;
(f) making any other use of the materials not expressly permitted herein.
Activedolls End User License Agreement
This End User License Agreement is a legal agreement between you (either an individual or a single entity) and Pineapple Works for a Software Product accessed by you from one of the company's servers. By installing, using, or accessing the Software produced by Pineapple Works you signify your acceptance of this End User License Agreement and you agree to be bound by the terms of this End User License Agreement.
IF YOU DO NOT AGREE TO THE TERMS OF THIS End User License Agreement DO NOT INSTALL OR USE THE SOFTWARE.
Pineapple Works License
The Software produced by Pineapple Works and made available for download and evaluation purposes from the websites of Pineapple Works are protected by copyright laws and international copyright treaties. Payment for the services is available trough a reseller that can be found on the web site. This license applies to all and any use of the Software, including the limited evaluation access to the Software.
1. Software Ownership
You agree that the software and all licensed materials it might contain are licensed, not sold to you. You agree that the software and its content, including the whole website, belong to Pineapple Works, including all intellectual and proprietary rights, unless otherwise specified. The license confers no title or ownership in the software and should not be construed as a sale of any rights in the software. Pineapple Works retains all right, title and interest in and to the software and its content at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Any suggestions, ideas or inventions that you voluntarily and optionally disclose to us through any means may or may not be used by Pineapple Works at Pineapple Works' discretion. Pineapple Works has no obligation to you regarding said suggestions or ideas.
All content included with the software or related to the web site, including, but no limited to 3d renderings, animations, any graphics (including textures), characters, images, concepts, artwork, 3d data, text, advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property licensed to you by Pineapple Works as part of this agreement shall remain the property of Pineapple Works and may not be copied, reproduced, republished, posted, uploaded, altered, modified or changed, broadcast, distributed, transmitted or disseminated, prepared derivative works, sold or offered for sale in any manner, in whole or in part, at any time anywhere unless authorized in writing by Pineapple Works.
2. Grant of License.
Pineapple Works grants a limited, non-exclusive, non-transferable license, to install and use the most current versions of the software solely for your personal, non-commercial use, adherent to the following terms:
(i) For use on a single computer accessible by a single user at a time for an unlimited time period in demo mode, or
(ii) For use on a single computer accessible by a single user at a time for a limited time period, following payment of the full access ticket.
3. Rental and Transfer of License.
You may not rent, loan, transfer, sub-license the software without the written consent of Pineapple Works.
4. Evaluation (Free Demo) Software Products
You may distribute, for evaluation purposes only, the evaluation (free demo) version of the software only, provided that the copy of the evaluation software is in its original form as supplied by Pineapple Works and that this distribution is free of charge. The origin of this software must not be misrepresented.
5. Payment Software Products
You may NOT distribute, copy, provide access, the payment version of the software, including but not limited to, the software itself, the animations, the 3d renderings and the photos available in the Ticket Users' Area of the servers and the software and any content provided by Pineapple Works that is not in the evaluation (free demo) version.
6. Ticket license
Upon valid and up to date payment of a Full Access Ticket, Pineapple Works gives you a limited nonexclusive, non-transferable and revocable license to access and download certain contents (such as games, software, photos, videos and animations) from the Ticket Users' Area of the servers. The license to access the Ticket Users' Area (and download material) shall automatically and immediately cease upon the expiration of your Ticket.
7. Post Ticket license
Upon the expiration of your Full Access Ticket, the license to access the Ticket Users' area shall automatically and immediately cease, and the functionality of the software will be limited to the evaluation (free demo) version of the Service.
8. Ticket ID (Username and Password)
Access to and use of the Service as a Ticket User is through the use of a Ticket ID (a username and a password). As a Ticket User of the Service, you may NOT disclose your Ticket ID to anyone, under any circumstances, and you must keep it strictly confidential. Disclosing your Ticket ID to any other party grants Pineapple Works the right to restrict your access to the Service.
9. Reverse Engineering, Interfering with Proper Function
You may not, nor allow or cause a third party to translate, reverse engineer, reverse-compile or decompile, or disassemble the software and its files. You may not attempt to directly or indirectly interfere with the proper functioning of the software or the servers. In addition, the software may not be used, in part or whole, to aid in the creation of any other software product or derivative works. Also, you will not attempt to interfere with, hack into or decipher any transmissions to or from the servers running the Service.
10. Ownership of the computer
You assert that you own the computer on which you download, install, and use the software, or that you have authorization from the computer's owner to do so. You agree to provide a copy of this End User License Agreement to, and obtain the consent of all other users of the computer on which the software is installed. You agree not to use the software in any way that might offend other individuals or entities, or in any way that might violate laws, rules, or obligations that apply to the environment in which the software is installed.
11. Voluntary Software and Right to Uninstall
You understand that the software is voluntary software program and you may uninstall it at any time by using the Microsoft® Windows® Add/Remove Programs menu in your Microsoft Windows control panel.
12. Disclaimer of Warranty
YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY THE COMPANY, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY THE COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY THE COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE Client Terms and Conditions and End User License Agreement. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE SERVICE.
13. Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, BUSINESS ASSOCIATES, ADVERTISERS, DIRECTORS OR AGENTS (COLLECTIVELY "PROTECTED PARTIES") BE LIABLE FOR ANY INDIRECT DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF SUCH USE OR INABILITY TO USE THE PRODUCT, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL PROTECTED PARTIES MAXIMUM CUMULATIVE LIABILITY UNDER THE Client Terms and Conditions and End User License Agreement EXCEED ONE US DOLLAR ($1.00).
14. License Restrictions
Pineapple Works has no obligation to make available to you any subsequent versions of the software. Without limiting Pineapple Works' rights, you understand that Pineapple Works, in its discretion, may modify, discontinue, or suspend your right to access the Service at any time. Pineapple Works reserves all rights in the product not expressly granted to you in this Agreement.
15. 18 U.S.C. Section 2257 Compliance Notice
All sexually explicit images displayed by the software and the website are completely computer generated, the creation process of which never involved male or female live models of any kind. Some visual and audio depictions displayed in the product are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct. The owners and operators of the product are the primary producer of most of the visual content contained in the product.
Please direct questions pertaining to content of the product to webmaster@activedolls.com
16. Miscellaneous
These Terms and Conditions sets forth the entire understanding and agreement between you and Pineapple Works with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. Pineapple Works shall not be liable for any delay or failure in performance under this Agreement or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any cause beyond the reasonable control of Pineapple Works. Except as described herein, you may not assign this Agreement without our explicit consent.
Copyright © 2005, Pineapple Works, all rights reserved.