Terms & Conditions

TERMS OF USE

 

 

This is the Web site of TeenFX.com, Inc.

 

Our postal address is:
P.O. Box 329-H

Scarsdale, NY 10583

We can be reached by e-mail at jacqui@TeenFX.com

Or you can reach us by telephone at 914-722-9291

 

1. Definitions.

"TeenFX.com" is the interactive online service operated by TeenFX.com, Inc. ("TeenFX") on the World Wide Web of the Internet, consisting of information services and content provided by TEENFX, affiliates of TEENFX and other third parties. 
"Content" includes content relating to TEENFX including but not limited to, text, sound, music, photographs, graphics, and user e-mail data.

 

2.       General

(A)   This Agreement, which incorporates by reference other provisions applicable to use of TeenFX.com, including, but not limited to, supplemental terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms") governing the use of certain specific material contained in TeenFX.com, sets forth the terms and conditions that apply to use of TeenFX.com by each end user thereof ("End User"). By using TeenFX.com (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use TeenFX.com is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any.

 

(B) TEENFX shall have the right at any time to change or discontinue any aspect or feature of TeenFX.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

 

3. Changed Terms

TEENFX shall have the right at any time to change or modify the terms and conditions applicable to End User’s use of TeenFX.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on TeenFX.com, or by electronic or conventional mail, or by any other means by which End User obtains notice thereof. Any use of TeenFX.com by End User after such notice shall be deemed to constitute acceptance by End User of such changes, modifications or additions.

 

4. Equipment

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of TeenFX.com and all charges related thereto.

 

5. End User Conduct

(A)   End User shall use TeenFX.com for lawful purposes only. End User shall not post or transmit through TeenFX.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TEENFX’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in TEENFX’s discretion restricts or inhibits any other End User from using or enjoying TeenFX.com will not be permitted. End User shall not use TeenFX.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users of TeenFX.com to become users of other on-line services competitive with TeenFX.com.

 

(B)    TeenFX.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of TeenFX.com are copyrighted as a collective work under the United States copyright laws. TEENFX owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download copyrighted material for End User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TEENFX and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

 

(C)    End User shall not upload, post or otherwise make available on TeenFX.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with End User. End User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. End Users are responsible for all Content that they upload, post, e-mail, mail to TEENFX for uploading or any other forms of transmitted material. For the entire TEENFX Content including the TeenFX Model Program, TEENFX is not responsible for any transmitted material, including, but not limited to, copying, downloading, altering, printing and file sharing. End Users are responsible and liable for all activity on the site. TeenFX.com, Inc. is not in any way liable for the Content on the site. By submitting material to any public area of TeenFX.com, End User automatically grants, or warrants that the owner of such material has expressly granted TEENFX the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other End User to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants TEENFX the right to edit, copy, publish and distribute any material made available on TeenFX.com by End User.

 

(D)   The foregoing provisions of Section 5 are for the benefit of TEENFX, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

6.       Disclaimer of Warranty; Limitation of Liability

 

(A)   END USER EXPRESSLY AGREES THAT USE OF TEENFX.COM IS AT END USER’S SOLE RISK. NEITHER TEENFX, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT TEENFX.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TEENFX.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH TEENFX.COM.

 

(B)    TEENFX.COM 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 IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

 

(C)    THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT TEENFX IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

 

(D)   IN NO EVENT WILL TEENFX, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING TEENFX.COM OR THE TEENFX.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE TEENFX.COM. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON TEENFX.COM.

 

(E)    IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, TEENFX, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN TEENFX.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

 

8. Monitoring.

TEENFX shall have the right, but not the obligation, to monitor the Content of TeenFX.com, including not limited to chat rooms, forums, message boards, e-mails, photographs, music, and posts to determine compliance with this Agreement and any operating rules established by TEENFX and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, TEENFX shall have the right to remove any material that TEENFX, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. TEENFX is not responsible for any errors, viruses or harmful data transmitted derived from the TEENFX's content including but not limited to chat rooms, forums, message boards, e-mails, photographs, music, and posts to the End User's machine or disseminated from the End User's machine or TEENFX machines to other machines.

 

9. Indemnification.

End User agrees to defend, indemnify and hold harmless TEENFX, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys" fees, arising out of the use of TeenFX.com by End User.

 

10. Termination.

Either TEENFX or End User may terminate this Agreement at any time. Without limiting the foregoing, TEENFX shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which TEENFX, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. To terminate registration on TEENFX e-mail TeenFX@TeenFX.com using the registered e-mail account with Unsubscribe in the subject along with Username. To terminate TEENFX e-mail account e-mail Administrator@TeenFX.com using the registered e-mail account with Unsubscribe in the subject along with Username. To terminate the TeenFX Model Program e-mail Models@TeenFX.com using the registered e-mail account with terminate Model Program in the subject along with Username. TEENFX will remove the Model profile with 24 hours during the working week. All monies will not be refunded. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

 

10. Trademarks.

TEENFX and TeenFX.com and each of their logos are trademarks of TEENFX.COM, INC. All rights reserved. All other trademarks appearing on TEENFX are the property of their respective owners.


11. Paypal e-Check orders will take 5-7 business days to clear, and shipment of the items will occur after the payment has been cleared.


12. Orders over $150 USD are required to be shipped to the Billing Address. Exceptions may be made for past customers. For further information please call TeenFX at (914) 722-4440.