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Who's Hot in Tulsa - TERMS OF USE AGREEMENT

Each registrant, (referred to as "You" in this agreement) must read and accept this agreement before You can register, post Your photo and/or add messages. Please take a moment to review the text below. It's an agreement between You and Best of Tulsa to make sure that You understand all the benefits and rules of BestofTulsa.com. Prior to, and as a condition of Your participation and use of Best of Tulsa, You shall agree to abide by the Best of Tulsa Terms of Use. and acknowledge Your acceptance of the Terms of Use by signing up as a user on the Best of Tulsa "Rate Me" registration page. Best of Tulsa reserves the right to modify, update or delete portions of the Terms of Use at its discretion and without notice to You.
By using the Service, you agree in advance to accept any changes.

Rules
The Best of Tulsa Rate Me site is for everyone. Before You upload any pictures, post any messages, pay for any services or communicate with any other Best of Tulsa members, use Your common sense and good judgment. To keep the site fun for everyone, there are a few rules to abide by.

PLEASE NOTE: People who send messages to you will not see your email address or be able to find out what it is unless you respond to the email they send you. If you want to stay anonymous, just don't respond to the people who email you.
1. You need to be at least 18 years old to use the Best of Tulsa Rate Me web site. Best of Tulsa shall not be used by minors or persons who cannot legally enter into binding contracts under any applicable law.

2. Be respectful and tolerant, and make sure every message You post is respectful of other people! Don't post anything to the site that might invade someone's privacy. The Service includes member generated content which allow you and other users and members to post information, provide feedback to BestofTulsa.com and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold harmless BestofTulsa.com, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although BestofTulsa.com and its affiliates may from time to time monitor or review user or member generated content on the Service, neither BestofTulsa.com nor its affiliates is under any obligation to do so. You acknowledge that BestofTulsa.com and its affiliates do not control the information available on user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any other user or member generated pages are those of their respective authors who are solely liable for their content. BestofTulsa.com and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the user or member generated pages.

3. Don't send spam or chain letters in and around the Best of Tulsa site. If we find You trying to sell or promote something on this site, or lead others to another commercial site, Your membership will be deleted-immediately!

4. If there is a dispute between visitors or members on this site or third-parties, Best of Tulsa is under no obligation to become involved. In the event that You have a dispute with one or more Users or a third-party, You hereby release Best of Tulsa's owners, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

5. The Service may contain information, facts and opinions from various individuals and organizations. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER BESTOFTULSA.COM NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE.

6. Please don't submit images that You don't have copyright to or permission from the copyright holder to submit. By submitting images or content to this web site, You grant to Best of Tulsa, its affiliates, successors, assigns, licensees, and agents, a non-exclusive, irrevocable, worldwide, perpetual, and royalty-free right and license to use, reproduce, display, distribute, modify, adapt, publish, perform, transmit, and prepare derivative works from all images and content on this web site. You represent and warrant that You have full right and authority to grant these rights and no one else's permission is required. You give us permission to post any of Your material -including Your photos, Best of Tulsa bios, message entries, etc.-for free on this web site and in publicity and other business uses. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Best of Tulsa.com or the appropriate affiliate.

7. All photographic pictures (hereinafter referred to as Photo Material) downloaded, linked to or delivered to BestofTulsa.com in the form of digital graphic files or original or copied physical formats immediately become the property of Best of Tulsa. You hereby grant to Best of Tulsa, its agents, successors, licensees and assigns, the master rights as well as the right to use the Photo Material, or any part or parts thereof, in and in connection with the above-referenced website or in any other medium, and in the advertising, marketing, promotion, and exploitation thereof, including, but not limited to all ancillary, allied, incidental, and subsidiary rights therein, in all manner and media, whether now known or not yet contemplated, throughout the universe in perpetuity. At its discretion, Best of Tulsa may change, alter, transpose, edit, add to and/or delete from the Photo Material, biographies and messages, including, but not limited to, making all appropriate alterations for use in the licensed media. You further warrant and represent that You have the sole right and authority to enter into this License Agreement without the consent of any third party, and that You own all copyright to Photo Material, or that You have the right to assign copyright on behalf of copyright owner, and that to the best of Your knowledge, the use by Best of Tulsa of said rights to Photo Material will not violate the rights of any third party whatsoever. You will indemnify and hold Best of Tulsa harmless from and against any and all damages and expenses arising out of a breach of the foregoing warranties and representations, including reasonable attorney's fees and costs. Such license is granted by You to Best of Tulsa on a non-exclusive basis in perpetuity throughout the universe.

8. Please don't post anything on this site or do anything related to this site that's illegal. If You do, You are completely responsible and hold BestofTulsa.com, and it's employees and officers harmless.

9. Your use of this web site is at Your own risk. Best of Tulsa is not responsible or liable for loss or inaccuracy of data or images, or computer problems that may result from obtaining or downloading material from this web site. This web site is provided AS IS. Best of Tulsa makes no representations about the services offered on this site, and expressly disclaims all warranties, express or implied, of any kind. Best of Tulsa shall not be liable for any special, direct, indirect, incidental, cover, punitive, or consequential damages, whether or not foreseeable, resulting from the use of or inability to use this web site.

10. We reserve the right to change the wording of this agreement at any time. It is Your responsibility to review this agreement. You shall review this agreement every time you log in as a member.

11. BestofTulsa.com and its affiliates do not review or monitor any web sites linked to the Service and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk. You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties. We reserve the right to refuse, edit, move, or remove any and all content at our sole discretion. Please be aware that breaking any of these rules will result in Your dismissal from the Best of Tulsa site. That means we cancel Your account and delete all Your pictures.

12. If You are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report Your infringement by contacting Best of Tulsa at admin@bestoftulsa.com and we will immediately respond to Your claims in accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office web site at http://lcweb.loc.gov/copyright/).

13. Best of Tulsa prohibits the transmission, distribution or posting of unwanted or offensive content. Prohibited transmissions include without limitation, racial, profane or sexually explicit photographs, drawings, messages and biographies and writings that include masking or misspelling the words, or images that would be illegal in any jurisdiction. It is Your responsibility, and You agree to comply with all requirements, legal or other.

14. Legal definitions are as follows, hearby, the term "Member" or "Membership", as referred to in this document shall mean –The Subscriber or User of a valid username and password (User Id) for the Site during the term of membership, the term "Site", as referred to in this document shall mean – The site which you are purchasing a username and password (UserId) from BESTOFTULSA.COM in order to access that site and its materials and benefits of membership, the term "Subscriber", as referred to in this document shall mean – The End-user, Consumer, of the services of the Site and holder of a valid username and password (UserId) for the Site, the term "UserId", as referred to in this document shall mean – The combination of unique username and password that is sold by Best of Tulsa.com and used to access the Site. A UserId is a license to use the Site for a period of time which is specified, the term "Bookmarking", as referred to in is document shall mean – The act of placing a URL into a temporary file on the Subscribers' browser so that the subscriber may return to that page at a future date directly, without passing through any pages that may have been precedent.

15. Access to the Site is through a combination of a username and a password (UserId). Subscribers may not under any circumstances release their UserId to any other person, and are required to keep his or her UserId strictly confidential. Best of Tulsa.com will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement and a violation of law. Subscribers acknowledge that the webmaster of the site may track through the use of special software each subscribers' entry to the site.

If any breach of security, theft or loss of UserId, or unauthorized disclosure of UserId occurs, subscriber must immediately notify Best of Tulsa.com or the Site of said security breach. Subscriber will remain liable for unauthorized use of service until Best of Tulsa.com or the Site is notified of the security breach by email or telephone.

16. This site was designed to be used and viewed solely by people who are at least 18 years of age , who wish to access visual images, audio sounds, and verbal descriptions which may be perceived as of a sexually oriented and frankly erotic nature by some adults. Please read Paragraph 2 above for what material is allowed. Materials available within this site may include depictions that are visually graphic in nature and portrayals of nudity or sexual acts and should not be accessed be anyone who is not least 18 years of age, by anyone who finds such material offensive in nature, or by anyone who simply does not wish to be exposed to such materials. By purchasing a membership or UserId, you are implicitly making the following statements: "I affirm and swear that as of this moment, under penalty of Perjury, that I am at least 18 years of age . I will not permit any persons under the age of 18 years to view or access in any way any materials found on this website. I understand that by accessing this website, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity, and sexual acts. I affirm that I am not offended by such materials, and that such materials are legal in my community. I am volunteering to view, hear, and access such materials on my own volition, and I choose to do so because I want to view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters, which is healthy and normal, and is also held by most adults in my area. I am completely familiar with the standards held in my community, and the material I expect to access in this site fall within these standards. In my experience, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive." I agree to the terms and conditions specified by the site linked to this page.

17. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

18. Notices by Subscribers may be given by electronic messages , conventional mail, telephone fax unless otherwise specified in the Agreement. All questions, complaints, or notices regarding the Site to Best of Tulsa and all cancellations of service to a site must be directed to Best of Tulsa.

19. These Terms of Use and the relationship between You and Best of Tulsa shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions all parties agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Tulsa, Oklahoma.

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