PLAYBOY.COM, INC. TERMS OF SERVICE
EFFECTIVE: APRIL 1, 2008

Applicable Sites
This Terms of Service (the “Agreement”) applies to the Playboy.com, Inc.’s family of websites, WAP sites, products, services and features (collectively, the “Properties”).  In this Agreement, “we”, “us”, “our” and “Playboy” refers to Playboy.com, Inc. or any entity that may succeed it as the assignee of this Agreement, and any reference to “you” or “your” refers to you, the user of the Playboy Properties (including any person whom we reasonably believe is acting pursuant to your instructions or under your authority).

Copyright Notices
Copyright (c) 2005 Playboy.com, Inc. All rights reserved. The material on the Properties may not be reproduced and may not be distributed, publicly performed or otherwise used in any manner, except with the prior express permission of Playboy.

Trademark Statement
PLAYBOY, PLAYBOYMOBILE.COM, THE GIRLS NEXT DOOR, PLAYBOYSTORE, CYBER CLUB, CYBER GIRLS, RABBIT HEAD DESIGN, PLAYMATE, PLAYMATE OF THE MONTH, PLAYMATE OF THE YEAR, are trademarks of Playboy Enterprises, Inc., all pending or registered in U.S. Patent and Trademark Office.

Requesting Reproduction Permissions
No material found or located on the Properties may be reproduced or used for commercial purposes without prior written permission of Playboy. You may write or fax the Rights and Permissions Department of Playboy Enterprises, Inc.
Playboy Enterprises, Inc.
Attention: Rights and Permissions
680 North Lake Shore Drive
Chicago, IL 60611
Fax #: 312.751.2818
Attention: Rights & Permissions

ICRA and Site Blocking Information:
www.playboy.com and cyber.playboy.com are rated by the Internet Content Rating Association ("ICRA").

See also:
The Playboy FAQ List

PLAYBOY TERMS OF SERVICE
IMPORTANT! PLEASE READ CAREFULLY. This Agreement constitutes a legal agreement between you and Playboy and spells out the terms and conditions to which users of any Properties are expected to adhere. Please read it carefully before using any of the Properties, because by clicking "I Agree" or by using one or more of the Properties, you agree to be bound by the terms set forth here, as well as (i) the terms of our Privacy Policy, and (ii) any supplemental terms of the applicable site or service, all of which are hereby incorporated by reference into this Agreement. If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use the Properties. We reserve the right to amend these terms and conditions at any time and will post the amended Agreement here. Please note, we use the term “use” and “using” to mean anytime you download, copy, transmit, access, initiate or utilize any of the capabilities, functions, features, applications or tools of our Properties or if you merely attempt to do any of these things.

 

 

1. PLAYBOY.COM CONTENT AND USER SUBMISSIONS

1. The contents of the Properties are intended for the personal, noncommercial use of its users. All materials published on the Properties (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by Playboy or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any content accessed through the Properties.
2. The Properties are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Properties, in whole or in part.
3. Copying or storing of any content from the Properties 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 applicable proprietary rights notices. For the avoidance of doubt, including any content (in whole or in part) from our Properties on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
4. You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with any of the Properties ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
5. If you believe that the content of any Submission provided by you, or any content appearing on one of the Properties, has been used in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:
   • an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
   • identification of the copyrighted work claimed to have been infringed
   • a description of where the material that you claim is infringing is located on a particular site
   • your address, telephone number, and e-mail address
   • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
   • a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on this Site is:

• By postal mail:
  Intellectual Property Counsel
  Playboy Enterprises International, Inc.
  680 N. Lake Shore Drive
  Chicago, IL 60611
• By telephone:
  (312) 751-8000
• By fax:
  (312) 266-2042
• By email:
  copyright@playboy.com

 

2. FORUMS AND DISCUSSIONS

1. Comprised within the Properties are chat rooms, forums, message boards, and/or news groups that we make available to our users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within the Properties are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. Playboy does not endorse the opinions placed on these Public Forums. You acknowledge that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be reproduced, published, transmitted and displayed by Playboy in any manner, pursuant to Section 1.4, above.
2. The Public Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of Playboy, use the Public Forums to 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 that are competitive with Playboy and the Properties. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
3. While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, Playboy reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.

3.  LICENSE AND RESTRICTIONS ON USE

1. Subject to your compliance with the terms and conditions of this Agreement, we grant you a personal, non-transferable, non-commercial, non-exclusive, limited, revocable license to use, access and download the Playboy Properties only in the form made available to you by us and solely on your wireless device.  Nothing in this Agreement will be interpreted or understood to grant you any right or license in any other Playboy content, materials, products or services or other proprietary images, trademarks, copyrighted works, patents, artwork, copy, information, data, knowledge or software.
2. Nothing in this Agreement will be interpreted to grant you any right or license to enter into sub-license, sale or redistribution agreements with respect to any portion of the Properties, whether in whole or in part, or to otherwise rent, sell, loan, lease, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow any other access to the Properties.  You further agree that you will not charge any person or entity a fee to view, listen, play or otherwise access any of the Properties, or disseminate the Properties’ content in any manner to the public.
3. You irrevocably acknowledge and agree that, as between you and us, we own and will retain any and all rights, title and interest in and to the Playboy Properties, including, without limitation, all copies and derivatives thereof, and all rights to patents, copyrights, trademarks, service marks, trade identities, trade secrets and other intellectual property and proprietary rights inherent therein.  Nothing in this Agreement will be interpreted to grant to you any right or license in or to the Playboy trademarks, logos, insignia, slogans, emblems, symbols, designs and/or other identifying characteristics owned or associated with us, our parent, subsidiaries and affiliates.  In addition, nothing in this Agreement will affect, impair or limit in any way our rights to fully exploit the Properties. You acknowledge and agree that you will not, directly or indirectly, contest or challenge, or aid or abet in contesting or challenging the validity of our ownership rights in the Playboy Properties or take any action whatsoever in derogation of our rights therein.
4. The software underlying many of the Properties is a “commercial item” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
5. You agree to fully comply with all import and export laws, regulations, rules and orders of the United States or any foreign governmental agency or authority (“Export Laws”), and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. or a foreign government.  You bear all responsibility for and assume all expenses relating to your compliance with such Export Laws and for obtaining all necessary authorizations and clearances.

4. REGISTRATION

1. You may be required to register with us and obtain a unique User ID or screen name authorized by us to use, access or download certain features of the Properties.  By registering, you represent that you are giving us true, complete, accurate and current information about yourself, and that you will continue to keep this information up-to-date, and that you are legally capable of entering into contracts.
2. We may offer you functionality in which you can store your log-in credentials on your wireless device so that you can be automatically logged in each time you access any of the Properties.  To no longer have automatic log-in, simply use the log-off feature.  Please note that if some third party obtains access to your wireless device (through theft or otherwise), the automatic log-in feature will enable such person to have access to your account.  Therefore, in the event your wireless device is lost or stolen, it is your responsibility to contact your wireless carrier immediately to prevent unauthorized use of your device.
3. You are responsible for: (i) all activities that occur under/in your account, (ii) maintaining the confidentiality of any screen name, User ID, password or other log-in credentials, (iii) taking reasonable steps to prevent unauthorized access to confidential information stored in your wireless device, and (iv) complying with this Agreement and with any applicable laws.
4. We are not obligated to, and you acknowledge that we will not, provide any wireless device or wireless service or any other equipment or service in connection with your use and access of the Properties.  You will be solely responsible for all wireless devices and services through which you can access the Properties.  You agree that you are solely responsible for any upgrade to your wireless device or wireless service required in order to receive or continue to receive, use or access any of the Playboy Properties.

5.  UNAUTHORIZED CONDUCT. 
In using any of the Playboy Properties, you may not:

1. violate the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy and other proprietary rights;
2. engage in conduct that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or tortious;
3. victimize, harass, degrade or intimidate any individual or group of individuals for any reason;
4. impersonate any person, business or entity, including Playboy and its employees and representatives;
5. transmit or cause to transmit material that contains viruses or any other code, files or programs that interrupt, destroy or limit functionality of any computer software, hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network, or use meta tags, code or other means to direct any person or browser to another site, page, location or service;
6. initiate any conduct that would damage, disable, overburden or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Properties;
7. attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means;
   
8. use any of the Properties and/or other communication tools that we make available to you to transmit, directly or indirectly, any unsolicited bulk communications (including emails, text messages and instant messages), or harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications.  We reserve the right to use any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks; or     
9. violate this Agreement (including any supplemental terms, conditions, policies and guidelines).

6.  ACCESS AND AVAILABILITY OF SERVICES AND LINKS
The Properties may contain links to other related web and WAP sites, resources and sponsors of Playboy. Selection of an ad banner or link will redirect you off of a Playboy site to a third party Web / WAP site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of Playboy. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Playboy does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.

7.  PRIVACY ISSUES
In addition to the terms in our Privacy Policy, you acknowledge that: (i) when you access any of the Properties on your wireless device, we may obtain information from your wireless carrier about the type of device you are using.  We may use this information to notify you on what type of features and products from Playboy may be available to you on your device.  In addition, certain features of the Properties may require our collection of the phone number of your device.  We may associate that phone number to the wireless device identification information.  Lastly, some mobile phone service providers are required to operate a system that will indicate the physical location of devices that use their service.  Depending on the provider, we may automatically receive this information.  In the future, may choose to use and store this information to provide enhanced location-based services as well as to serve location-targeted advertising; provided, that, we obtain your consent in advance.

8.  REPRESENTATIONS AND WARRANTIES

1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or Playboy's use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (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 you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered on the Playboy Store.
2. You hereby indemnify, defend and hold Playboy and its 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 you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You 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 you. You shall not enter into any settlement agreement which affects the rights of Playboy without Playboy's prior written approval.
3. Playboy neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Properties by any user, information provider or any other person or entity. THE PROPERTIES AND ANY MATERIALS PROVIDED BY PLAYBOY OR THIRD PARTIES THROUGH ANY OF THE PROPERTIES 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, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH ANY OF THE PROPERTIES. PLAYBOY DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF ANY OF THE PROPERTIES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
4. You hereby acknowledge that the use of any of the Properties is at your sole risk.

9. LIMITATION OF LIABILITY

1. NEITHER PLAYBOY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PROPERTIES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE PROPERTIES, OR ANY OF THE MATERIALS PROVIDED BY PLAYBOY OR THIRD PARTIES THROUGH ANY OF THE PROPERTIES, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE PROPERTIES, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF PLAYBOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
2. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PLAYBOY'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

10. SYSTEM INTEGRITY

1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
2. We make no claim that the Playboy Properties are appropriate and available for use in locations outside of the U.S., and accessing it from territories where certain of the Properties may be illegal.  You must always comply with local laws if you choose to access the Properties from a location outside the U.S. Those who choose to access the Properties from outside the United States do so at their own initiative and are responsible for compliance with local laws.

11. TERMINATION

1. Playboy may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Properties for any or no reason, including, without limitation, breach of this Agreement or the repeated infringement of copyrights owned by third parties.
2. Playboy, including, without limitation, its authorized agents and employees may terminate your use of any of the Properties without notice in the event that you breach any provision and/or obligation in this Agreement. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any other user or any Playboy employee/representative; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive; post unsolicited advertising; or improperly impersonate a Playboy employee or other individual.

12. MISCELLANEOUS

1. This Agreement has been made in and shall be construed and enforced in accordance with Illinois law without regard to any conflict of law provisions. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Chicago, Illinois. Any cause of action which you may have with respect to the Playboy Properties must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
2. Official correspondence must be sent via postal mail to:
   Playboy.com, Inc.
   Attention: General Counsel
   680 North Lake Shore Drive
   Chicago, IL 60611
3. This Agreement, the Privacy Policy and any other terms referenced in this Agreement constitute the entire agreement between you and Playboy with respect to your access and use of the Properties and supersedes all prior or contemporaneous agreements (whether oral, written or electronic) between you and Playboy with respect to the Properties. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Playboy may assign this Agreement (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Playboy or (iii) in connection with the sale of any of the Properties or the business unit associated with the Properties.