PLAYBOY ENTERPRISES INTERNATIONAL, INC.
PLAYBOY CYBER CLUB Legal Notices
Revised July 29, 1999
- Copyright Notice
- Trademark Statement
- Requesting Reproduction Permissions
- Miscellaneous Disclaimers
- Custodian of Records
- Playboy Privacy Policy
- ICRA and Site Blocking Information
- PLAYBOY CYBER CLUB Membership Terms and Conditions
- Playboy.com Legal Notices
Copyright © Playboy Enterprises International, Inc. All rights reserved. The material on this site may not be reproduced and may not be distributed, publicly performed, proxy cached or otherwise used, except with the prior express permission of Playboy Enterprises International, Inc. (PEII).
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PLAYBOY, HTTP://WWW.PLAYBOY.COM, PLAYBOY CYBER CLUB , RABBIT HEAD DESIGN, PLAYMATE, PLAYMATE OF THE MONTH, PLAYMATE OF THE YEAR, PMOY, CENTERFOLD, PLAYBOY CENTERFOLD, MISS JANUARY, MISS FEBRUARY, MISS MARCH, MISS APRIL, MISS MAY, MISS JUNE, MISS JULY, MISS AUGUST, MISS SEPTEMBER, MISS OCTOBER, MISS NOVEMBER, MISS DECEMBER, BUYING IN, CENTERFOLD COLLECTIBLES, CENTERFOLD MEMORABILIA, CLASSIC CENTERFOLD, CLUBLAND, COMPETE, CYBERBOY, FAST SERVE, GIRLS OF THE INTERNET, PLAYBOY-THE OFFICIAL MILLENNIAL WEB SITE, PLAYWARE, PROWL, REBOOT, ROAM, SCAN, SCRAWL, SEX LIFE, TECHCHICK, THE BACHELOR PAD, POP, THE MOST VISITED GLOBAL ENTERTAINMENT SITE FOR MEN, SEXCETERA, PLAYBOY NEWS DESK and WORLD OF PLAYBOY are trademarks of Playboy Enterprises International, Inc., all pending or registered in U.S. Patent and Trademark Office.
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To reproduce material from Playboy that you've seen on our Web sites, you'll need permission from us. We aren't very likely to give permission to reproduce our material on your Web page or CD-ROM. We'd rather people come to Playboy Online to look at the Playmates and read the interviews and laugh at the cartoons. But there are exceptions to every rule. We have granted permission to many teachers to use Playboy as course material. Serious inquiries only.
You may write or fax the Rights and Permissions Department of Playboy Enterprises, Inc.
Playboy Enterprises International, Inc.
Rights and Permissions
680 North Lake Shore Drive
Chicago, IL 60611
Fax #: 312.751.2818
Attention: Rights & Permissions
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Regarding Newsgroup and Chat Services: Playboy does not edit or pre-screen content that appears in newsgroups or chat areas, but the administrators reserve the right to remove content that they consider inappropriate. Playboy disclaims any liability with respect to content in the newsgroups or chat areas of Playboy Online or the Playboy Cyber Club Web sites (Playboy.com Web sites).
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Custodian of records is Rachel Drucker. All records required by law to be maintained by Publisher are located at:
680 North Lake Shore Drive
Chicago, IL 60611.
In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons who appear in any visual depiction of sexually explicit conduct appearing or otherwise contained in or at the Playboy Cyber Club were over the age of eighteen years at the time of the creation of such depictions. Records required to be maintained pursuant to U.S.C. Title 18, Section 2257 are kept by the custodian of records at: Publisher is Playboy Cyber Club Custodian of Records for Playboy.com 680 North Lake Shore Drive Chicago, IL 60611
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The Playboy site is rated with the Internet Content Rating Association (ICRA).
See Also: The Playboy FAQ List
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REGISTRATION: Welcome to the PLAYBOY CYBER CLUB For Members Only. To ensure that you enjoy the highest standards of quality and service during your visits to the PLAYBOY CYBER CLUB, we encourage you to read through the following information before you register. These legal notices spell out the terms and conditions to which Club Members are expected to adhere.
TERMS OF SERVICE
- GENERAL RULES AND DEFINITIONS
1.1 This Subscriber Agreement, which includes the Operating Rules, constitutes Subscriber's Agreement with PLAYBOY CYBER CLUB, an Internet service("the Service") of Playboy Enterprises International, Inc.("Playboy") with respect to Subscriber's use of this service. Subscriber must agree to abide by all of the terms and conditions contained in the Subscriber Agreement in order to become or remain an authorized Subscriber of the Service.
1.2 To indicate agreement with the terms and conditions of this Subscriber Agreement, Subscriber must click the "Continue" button at the end of this Subscriber Agreement. You will not be allowed to register before clicking that button. Feel free to read and reread the Subscriber Agreement as often as you want before clicking the "Continue" button. If you do not wish to agree to these terms and conditions, click the "Cancel" button. Playboy reserves the right, at its discretion, to change, modify, add or remove portions of this Subscriber Agreement at any time. Notification of changes in service will be posted on the Service, in the VIP News Lounge, sent via email, or sent via postal mail. Occasionally PLAYBOY CYBER CLUB may ask you to accept the terms of such changes to continue using the service.
1.3 IF THE SUBSCRIBER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO SUBSCRIBER, OR CAUSE SUBSCRIBER TO NO LONGER BE IN COMPLIANCE WITH THE SUBSCRIBER AGREEMENT, SUBSCRIBER MAY CANCEL SUBSCRIPTION BY SELECTING A LINK OFF OF THE MEMBER SERVICES SECTION INSIDE OF THE CLUB (SEE SECTION 9 REGARDING TERMINATION OF SERVICE). SUBSCRIBER'S CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL CONSTITUTE A BINDING ACCEPTANCE BY SUBSCRIBER OF SUCH RULES, CHANGES OR MODIFICATIONS.
1.4 PLAYBOY CYBER CLUB may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. PLAYBOY CYBER CLUB may also impose limits on certain features and services or restrict Subscriber access to parts or all of the Service without notice or liability.
- PLAYBOY CONTENT AND SUBSCRIBER SUBMISSIONS
2.1 The contents of the PLAYBOY CYBER CLUB Internet service are intended for the personal, noncommercial use of its registered Subscribers. All materials published on PLAYBOY CYBER CLUB (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as "The Content") are protected by copyright and other intellectual property laws, and are owned or controlled by Playboy or the party credited as the provider of the content, software or other materials. Subscriber shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the Service.
2.2 The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 2 of this Subscriber Agreement, Subscriber may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Subscriber Agreement), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
2.3 Subscriber may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that Subscriber maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary notices including copyright notice.
- FORUMS AND DISCUSSIONS
3.1 Subscriber shall not upload to, or distribute or otherwise publish through the Service any Content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or otherwise violates any law. Please use your best judgment and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive or hateful language. Bulletin boards within these sites and services are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. Playboy does not endorse the opinions placed on these bulletin boards. Subscriber acknowledges that any submissions (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by Playboy. In addition, Subscriber warrants that all moral rights in any uploaded materials have been waived.
3.2 The Forums shall be used only in a noncommercial manner. Subscriber shall not, without the express approval of Playboy, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services which are competitive with the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
3.3 While Playboy does not and cannot review every message posted by Subscribers in the Forums and is not responsible for any content of these messages, Playboy reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this Subscriber Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. Subscribers shall remain solely responsible for the content of their messages.
- ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1 PLAYBOY CYBER CLUB contains links to other related World Wide Web Internet sites, resources and sponsors of Playboy. Selection of an ad banner or link redirects Subscriber off of PLAYBOY CYBER CLUB to a third party. Transactions that occur between the subscriber and the third party are strictly between the Subscriber and the third party and are not the responsibility of Playboy. Because Playboy is not responsible for the availability of these outside resources or their contents, Subscriber should direct any concerns regarding any external link to its site administrator or Webmaster.
- REPRESENTATIONS AND WARRANTIES
5.1 Subscriber represents, warrants and covenants (a) that no materials of any kind submitted through Subscriber's account or Playboy's use thereof in accordance with the terms and conditions of this Subscriber Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that Subscriber is at least 18 years old. Subscriber hereby indemnifies, defends and holds Playboy and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by Subscriber or any User of Subscriber's account of the Subscriber Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. Subscriber shall cooperate as fully as reasonably required in the defense of any claim. Playboy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber.
5.2 Playboy neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the service by any Subscriber, information provider or any other person or entity. PLAYBOY CYBER CLUB, THE SERVICE, THE ACCESS SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY PLAYBOY OR THIRD PARTIES THROUGH THE SERVICE ARE PROVIDED "AS IS." PLAYBOY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. PLAYBOY SHALL NOT BE RESPONSIBLE TO THE SUBSCRIBER OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY PLAYBOY OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PLAYBOY HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
5.3 Subscriber hereby acknowledges that use of the Service is at Subscriber's sole risk.
- REGISTRATION AND SECURITY
6.1 As part of the registration process, Subscriber will select a password and Subscriber name ("PLAYBOY CYBER CLUB ID"). Subscriber shall provide PLAYBOY CYBER CLUB with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the Rights of any person other than Subscriber without authorization; or (iii) use a screen name that Playboy, in its sole discretion, deems offensive.
6.2 (a) Subscriber shall notify Playboy of any known or suspected unauthorized use(s) of Subscriber's account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Subscriber's password or credit card information. (b) Subscriber shall be solely responsible for maintaining the confidentiality of Subscriber's password. Subscriber will never be required to reveal Subscriber's password to any representative or agent of Playboy, its owners or agents.
6.3 Subscriber must be 18 years or older to subscribe to the Service.
6.4 Each Subscriber is responsible for all usage or activity on PLAYBOY CYBER CLUB account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of Subscriber's account, at Playboy's sole discretion, and Subscriber may be referred to appropriate law enforcement agencies.
- FEES AND PAYMENTS
7.1 Playboy reserves the right at any time to charge fees for access to portions of the service or the service as a whole. In the event that Playboy so elects, it shall post notice in the Member Services Area. Subscriber shall pay all fees and charges incurred through Subscriber's account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Playboy or by any other vendor or service provider. All fees and charges shall be billed to and paid for by Subscriber. Subscriber shall pay all applicable taxes relating to use of the Service through Subscriber's account. Subscriber's right to use the Service is subject to any limits established by Playboy in its sole discretion.
7.2 Subscriber will not receive access to any service until subscription fees have been received by Playboy. Subscription fees are not refundable in whole or in part, even in the event Subscriber's account is terminated. In the event of termination, Subscriber's account will remain active through the end of the subscription term. Subscriber understands that all Memberships renew automatically at the end of their subscription period until the Subscriber requests a cancellation (See section 9. Termination).
- SOFTWARE LICENSES
8.1 Subscriber shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to Subscriber to access the Service ("Access Software"). Subscriber may not sublicense, assign or transfer any licenses granted by Playboy, and any attempt at such sublicense, assignment or transfer is void. Subscriber may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software.
- TERMINATION
9.1 Subscriber may terminate Subscriber's account at any time by requesting cancellation from a link in the member services section. If Subscriber is unable to access the member services section, he may cancel his account by calling 1-800-276-6048. Subscriber will retain access through the duration of their subscription term. Subscriber is responsible for all charges incurred up to the time the account is deactivated.
9.2 Playboy may, in its sole discretion, terminate or suspend Subscriber's access to all or part of the Service for any reason, including, without limitation, breach of the Subscriber Agreement, or assignment of the Subscriber Agreement by Subscriber.
9.3 Members of the PLAYBOY CYBER CLUB acknowledge that site administrators have the right to terminate membership without notice for any user who restricts, inhibits or disrupts any Club event or attempts to alter or improperly access any feature or function of the site. A user's membership may also be subject to termination if the user posts or transmits any illegal content; harasses or threatens any PLAYBOY CYBER CLUB member or Playboy employee; posts content (including the creation of usernames) that is offensive or otherwise disruptive of PLAYBOY CYBER CLUB activities; posts unsolicited advertising; or improperly impersonates a Playboy employee or other individual.
- MISCELLANEOUS
10.1 This Subscriber Agreement has been made in and shall be construed and enforced in accordance with Illinois law. Any action to enforce this agreement shall be brought in the federal or state courts located in Chicago.
10.2 Official correspondence must be sent via postal mail to:
Playboy Enterprises International, Inc.
Attention: Playboy Online
680 North Lake Shore Drive
Chicago, IL 60611
10.3 Subscriber consents to the jurisdiction of Illinois State and Federal Courts.
- ACCEPTANCE
11.1 You hereby acknowledge that you have read and understand the foregoing Subscriber Agreement and agree to be bound by its terms and conditions.
Enjoy the PLAYBOY CYBER CLUB! You may send comments on the above terms of service, or any other matter relating to Playboy's presence on the World Wide Web, to admin@playboy.com.
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