EyeGossip - Victoria's Secret Fashion Show 2008

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User Submissions Submission Agreement

Please read this User Submissions Submission Service Agreement carefully because it is a part of the Terms of Use and represents your legally binding agreement with us ("Agreement") regarding your use of the Eye Gossip Site ("Site") and your User Submissions ("User Submissions"). Unless defined separately, terms used in this Agreement are defined in our Terms of Use.

When you click (select) the "I Accept" box to upload your User Submissions, you are signifying your agreement with and acceptance of all these terms and conditions as part of the Terms of Use that govern your legal and contractual relationship with EYE GOSSIP. If you are acting as an officer, director or employee of an organization, by accepting, you represent and warrant you have full legal authority to bind that employer or entity.

IMPORTANT NOTE: You must meet the Age Requirements in Section 2 of this Agreement and the User Submissions Requirements in Section 3 of this Agreement and each and every time you submit or attempt to submit User Submissions you must maintain your compliance. Submitting User Submissions does not guarantee posting of such User Submissions on our web site. All posting decisions shall be made by EYE GOSSIP, in its sole and absolute discretion.

1. Submitting User Submissions. We will use the term "User Submissions" to mean and refer to collectively, the text, data, graphics, images, photos, and video files and other content and information which Users post, upload and otherwise submit to the Site, including without limitation, in discussion groups, message boards and User created profile pages.

To submit User Submissions you must upload your User Submissions through the Internet through our web site. Each time you upload or submit your User Submissions (or if you attempt to do so) you will be confirming your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. The instructions for uploading your User Submissions are on the web page provided for the upload of your User Submissions. To be considered for posting and display to the public, your User Submissions must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics and submission and these can be found on the web page for uploading your User Submissions.

When you submit User Submissions, you may also be asked to provide some information about you and your submission. This may include, without limitation, such things as a descriptive title, some information about the User Submissions, length, your location and/or similar information. By submitting your User Submissions, you are also agreeing and you understand that the term "User Submissions" also includes, without limitation, and refers to all of the information you submit or we may receive that is related to your User Submissions and your submission. Always keep a copy of anything you send because we shall not be responsible for lost, damaged, misdirected, unusable or unreadable User Submissions. Proof that you submitted User Submissions does not constitute proof that Eye Gossip received anything.

2. Eligibility. The Site and its Services are not for persons under the age of 13. If you are under 13 years of age, then please do not use the Site. Talk to your parents about what sites are appropriate for you.

3. User Submissions Requirements. You are solely responsible and liable for your communications and submissions (and the consequences) made under your name, user name, email address, password and your registration and profile information, if any. User Submissions does not reflect the views of EYE GOSSIP or its Parent Company and neither EYE GOSSIP, nor its Parent Company represents or guarantees the truthfulness, accuracy, or reliability of any User Submissions, nor endorses or supports any opinions expressed in any User Submissions. In no event shall EYE GOSSIP or its Parent Company have or be construed to have any responsibility or liability for or in connection with any of your User Submissions. Again, EYE GOSSIP has no obligation to post your User Submissions on the Site. Further, if we determine, in our sole discretion, you have not met the Age Requirement (See Section 2 above) or our User Submissions Requirements or if, in our judgment, you or any User Submissions you submit violates this Agreement, we reserve the right, at any time, without notice and without limiting any and all other rights we may have under this Agreement, at law or in equity, to (a) refuse to allow you to submit further User Submissions, (b) remove and delete your User Submissions, (c) revoke your registration and right to participate on the Site and (d) use any technological, legal, operational or other means available to enforce the terms of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration, access using your e-mail address, your user name and password.

We make no claim that User Submissions are appropriate for any particular purpose or audience, or that any User Submissions may be accessed, used or downloaded outside of the United States, which may not be legal for certain persons or in certain countries and you do so at your own risk. You are responsible for compliance with the laws of your jurisdiction. The United States controls the export of products and information and you agree to comply with such restrictions and not to export or re-export any User Submissions, information, software, materials, products or services to countries or persons prohibited under the export control laws and regulations.

You agree you will not submit or attempt to submit, and we have the right to reject, refuse to accept, remove or otherwise handle as EYE GOSSIP deems appropriate, any "Unauthorized User Submissions" which is defined as any User Submissions that is or could be construed as violating any of the terms and conditions of this Agreement, and/or any of the terms and conditions set forth in our Terms of Use, including, without limitation:

-	Causing or advocating harm, harassing anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying our Site;

-	is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable against any group or individual;

-	unauthorized access to the Site or information of other users;

-	the modification, impairment, disruption, alteration or interference with the use, features, functions, operation or maintenance of the Site;

-	promotes information that you know is false, misleading or promotes illegal activities;

-	impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;

-	is uploaded, Posted, emailed, transmitted or otherwise made available and that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

-	is uploaded, Posted, emailed, transmitted or otherwise made available and that constitutes any unsolicited or unauthorized advertising, promotional materials junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

-	promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

-	contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

-	displays pornographic or sexually explicit material of any kind;

-	provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

-	provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

-	solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

-	engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

-	engages in any automated use of the system, such as using scripts to add contacts or rate content;

-	interferes with, disrupts, or creates an undue burden on the Website or any services and networks connected to the Website

Without limiting EYE GOSSIP's absolute control over which User Submissions (if any) gets posted on its web site, EYE GOSSIP reserves the right to review any submitted User Submissions and to delete, remove, move, edit or reject, without notice to you, any User Submissions that EYE GOSSIP deems, in its sole discretion, abusive, defamatory, obscene, pornographic, in violation of copyright, trademark or other intellectual property rights, to be in violation of this Agreement or to be unacceptable to EYE GOSSIP or its Parent Company, for any reason or for no reason whatsoever; provided, however, that EYE GOSSIP shall have no obligation or liability to you for failure to do so or for doing so in any particular manner. If EYE GOSSIP receives notice of any claim of infringement that satisfies specific legal requirements, such as notice and takedown requirements under U.S. copyright law (See Section 4 below), EYE GOSSIP may remove User Submissions associated with such claim. EYE GOSSIP reserves the right to provide information to law enforcement officials, governmental agencies and pursuant to judicial or regulatory compulsion, to protect their respective interests, the Promotion or to comply with legal, regulatory, audit and compliance obligations.

4. Copyright; User Submissions Requirement Violations; Breach of Agreement.If you believe any User Submissions violates the copyright of any other party, you can notify us by using our Notice and Procedure for Making Claims of Copyright Infringement. If you believe any User Submissions or the conduct of any other user violates this Agreement or in any other way infringes upon the rights of others, you may notify us by email at feedback@eyegossip.com. We have no obligation to respond or reply to any notifications you send us, but we always reserve the right to take any action or no action in our sole discretion.

Infringer Policy. All Repeat Infringers shall be banned from posting User Submissions of the Site and all accounts shall be terminated. A repeat infringer includes any User who has made two or more User Submissions for which we receive a notice of infringement under this Copyright Compliance Policy. Each User agrees that if his or her account is terminated pursuant to this Copyright Compliance Policy, the User will not attempt to establish a new account under any name, real or assumed, and further agrees that if the User violates this restriction by opening a new account after being terminated pursuant to this Copyright Compliance Policy, the User shall indemnify and hold us harmless for any and all liability that we may incur therefore.

5. Intellectual Property Rights.

License. Eye Gossip does not claim ownership rights in your User Submissions. However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to Eye Gossip or on the Site, you hereby grant Eye Gossip a non-exclusive, unqualified, unrestricted, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites and  for any other purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to EYE GOSSIP and it's Parent Company, in our sole discretion. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to Eye Gossip and its Parent Company. Eye Gossip and its Parent Company shall own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by Eye Gossip, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Eye Gossip and its Parent Company to give to Eye Gossip and its Parent Company the full benefit of the rights granted to Eye Gossip and its Parent Company by you.By, uploading, submitting, emailing, posting, publishing or otherwise    transmitting any User Submission to Eye Gossip or on the Site in addition to the rights, licenses and privileges referred to above, you are also granting EYE GOSSIP and it's Parent Company the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty free right, license, authorization and permission to use and refer to your name, marks, image, characteristic or other distinctive identification in presentations, marketing materials, customer lists and financial reports, to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Promotion, a platforms, and any products, goods, features, functions, capabilities and/or services associated with EYE GOSSIP and/or it's Parent Company and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your content, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by the Parent Company, without limitation or restriction whatsoever

6. Ownership and Warranties.  You must own the rights to all content you submit and each element of each piece of content you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in this Agreement. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights and licenses from the owner(s) to enter into this Agreement and perform and comply with all of its obligations. You represent, warrant and covenant to EYE GOSSIP and by submitting each piece of content for a User Submission, you reaffirm each such representation, warranty and covenant, that (a) you have the legal right and capability to enter into this Agreement and perform and comply with all of its terms and condition, (b) all of the information provided by you associated with your participation on the Site and each time you submit a User Submission, is correct, complete and current, (c) neither your content nor your User Submissions of any content violates this Agreement, any rights of any other party, any of your obligations, any law or regulation or infringes upon or misappropriates any intellectual property, privacy, publicity or other rights of any party, (d) you make in the Terms of Use, including, without limitation, those relating to User Submissions and (e) you hold and will continue to hold all the ownership, license, proprietary and other rights necessary to enter into, authorize, grant rights and perform your obligations under this Agreement as described. Upon the request of EYE GOSSIP, you will furnish EYE GOSSIP any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with any or all of the terms and conditions of this Agreement, including, without limitation, the foregoing representations, warranties and covenants. You also understand and agree that you will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any of your User Submissions.

7. Disclaimer of Warranties. Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. EYEGOSSIP MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EYEGOSSIP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. No advice or information, whether oral or written, obtained by you from Eye Gossip, shall create any warranty not expressly stated in this Agreement. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

8. Financial Considerations. EYE GOSSIP and its Parent Company reserves the sole and exclusive right to sell advertising and otherwise exploit, benefit from and/or realize revenue from the conduct of its business and hosting and operating the Site and any and all arrangements made with respect thereto, without accounting, obligation or liability to you, notwithstanding that your content may be displayed on the Site or otherwise used as EYE GOSSIP and its Parent Company see fit.

9. Limitation of Liability.  IN NO EVENT SHALL EYEGOSSIP, BRITE NEW DAY,INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EYE GOSSIP OR ITS PARENT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL EYE GOSSIP OR ITS PARENT COMPANY'S CUMULATIVE LIABILITY TO YOU EXCEED $100.

10 General.

The Terms of Use, incorporating this Agreement, is the entire agreement between you and us relating to the Site and the subject matter of this Agreement and supersedes any prior or inconsistent agreements. EYE GOSSIP may terminate this Agreement with you and your right to use the Site at any time without notice to you.

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Victoria's Secret Fashion Show 2008