Terms of Use Agreement

Ekthetology.com (hereforth refered to as the "Site") is provided to you for your personal entertainment, information, education and communication through our featured content and interactive forums on the World Wide Web.

By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions. You are only authorized to use the Site and its services if you agree to abide by all applicable laws and to these Terms and Conditions. If you do NOT accept these Terms and Conditions, then discontinue your use of the Site. We reserve the right to modify the Terms of Use Agreement without notice. Changes are effective and in force upon posting the updated Terms of Use Agreement to the Site. It is the user's responsibility to review these Terms and Conditions regularly. These Terms and Conditions constitute the enter agreement regarding site usage and supersedes all prior Terms and Conditions.

It is the sole responsibility of the user to abide by this agreement, and ensure adherence to applicable laws and regulations, including but not limited to copyright and other laws regarding intellectual property.

General Usage

Without limiting any other provisions of this Agreement, you may not use this Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional terms and laws. Your access to this Site may be terminated immediately in our sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or additional terms, reason, or no \ reason.

Site Content

The Site may provide you and other users an opportunity to submit, post, display, transmit or exchange ideas, photographs, information, opinions, video, creative works, or transmissions to us, the Site or others ("Submissions"). Submissions do not reflect our views; and we do not have any obligation to monitor, edit, or review any Submissions on the Site. We assume NO responsibility or liability arising from the content of any such Submissions, nor for any error, omission, inaccuracy, libel, defamation or slander, falsehood, obscenity, or danger contained in any information within such Submissions on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

The material on this Site is protected by copyright, trademark, and other applicable laws, and therefore you may NOT modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material belonging to the Site, including but not limited to text, photos, audio, video, code and software. We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site. Neither we nor our staff will be responsible for any misleading, false or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained on the Site.

Intellectual Property

You represent and warrant that: (i) you own the content submitted by you on or through the Site or otherwise have the right to grant the license set forth below, and (ii) the Submission of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. If at any point you feel that others may be infringing on these rights, please contact us. You may find our contact information in the section on Infringement Policy below.

When you submit content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site. Through the action of posting such content (images, text, video, etc) you are also granting the Site a non-exclusive worldwide license to use, copy, publicly display, publicly perform, reformat, translate such User content (in whole or in part) and distribute such content in connection with operation of the Site. This limited license does not grant Quantum Modesl, LLC the right to sell or otherwise distribute your Content outside of ekthetology.com without the express permission of the rights holder(s).

You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. This Site does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with this Site.

It is a violation of this agreement to access, monitor, or copy any content or information from this website any automated or manual method for any purpose without the express written permission for Quantum Models, LLC, a subsidiary or agent. Likewise, it is a violation to incorporate any part of this Site into any other website or other medium without our permission.

Children Online Protection Act Notification

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the American Links Up web site, http://www.netparents.org.

Infringement Policy

Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we reserve the right, but not the obligation, to terminate your license to use the Site if we determine in its sole and absolute discretion that you are involved in infringing activity, including allege acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512 (c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:

   Bellomo & Platt, LLC
   910 South George Street
   York, Pennsylvania 17403

   Telephone: (717) 845-5390

   Email: nplatt@bellomoplatt.com
   Web:   http://www.bellomoplatt.com/

Additionally, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.
5. A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

Indemnity

You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners, and employees harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Site or through the Site's services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.

Submissions

Submission approval is at the sole discretion of Quantum Models, LLC. Quatum Models, LLC reserves the right to approve, deny and/or revoke any submission with or without notice and with or without reason.

Additionally, Quantum Models, LLC reserves the right to make editorial decisions and edit submission expositions, at is the “write up” provided by the participant.

Without limited the foregoing, the following is strictly prohibited:

• Creating a post with false information, such as but not limited to full name, legal address, birth date, email address,
• Strong, vulgar, obscene or otherwise harmful language,
• Racially, ethnically or otherwise, objectionable language,
• Sexually explicit images, including but not limited to sexual intercourse, obvious states of sexual arousal, overt sexual positions,
• Libelous, defamatory or otherwise tortuous language,
• Impersonation of another person,
• Posting, distributing, transmitting or promoting illegal content,
• Invasion of another's privacy,
• Actions that are hurtful to minors,
• Posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party,
• Posting, providing, transmitting or otherwise making available any junk mail or spam, and
• Posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on the Site.

NOTE: If you produce visual depictions of human beings engaged in sexually-explicit conduct, you may be subject to the name- and age-verification, recordkeeping, and labeling requirements of 18 U.S.C. §2257. You can find more information on 18 U.S.C. §2257 and compliance at the United States Department of Justice website.

We will fully cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any such information or materials.

The Quantum Models, LLC will not knowingly permit any submission violating the Terms of Use Agreement to be incorporated or displayed on the site. The responsibility lies with the participant to ensure all aspects of the Terms of Use Agreement and applicable laws are fully met.

Disclaimers and Limitation of Liability

You understand and agree that the Site is provided "As-Is" and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

No advice or information, whether oral or written, obtained by you from the site or through or from its services shall create any warranty not expressly stated in these terms and conditions.

In no event shall the site or its owner(s) be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the site or its services even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.

If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the laws of the State of Pennsylvania, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Pennsylvania. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of Pennsylvania with respect to such matters. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

The section titles and other headings in this Terms of Use Agreement are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms of Use Agreement shall not operate as a waiver of such right or provision. If any provision of these Terms of Use Agreement is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

Violation of these Terms and Conditions will cause your rights of usage to be terminated and your submission to be removed from ekthetology.com without any notice whatsoever and without refund or compensation.