3. Content
 
When you post Content on Lo City Enterprises' websites, we keep the copyright for any material unless you are an Erotic Contest Guild Member.  You grant Lo City Enterprises the exclusive right to provide a service to post, display, and copy that Content without limitations.
 
If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when displayed.  By including Personal Data in the Content you post, you authorize Lo City Enterprises, Inc. to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.
 
By posting your Content on the Sites, you grant that Lo City Enterprises, Inc., in service to the creator, may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and Lo City Enterprises, Inc. may make minor modifications to the Content for technical reasons including time length.  Of course, Lo City Enterprises, Inc. will credit you and/or the original artist.  You further agree that Lo City Enterprises, Inc. may make modifications to the Content for technical reasons including editing for concise story effect.
 
By uploading Content to the Sites you represent and warrant, at all times during the term of this Agreement, that the Content:
 
* Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to Lo City Enterprises, Inc. for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you.
* Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
* Does not invade any individual's right of privacy or publicity;
* Does not contain material that is unlawful, obscene, defamatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
* Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
* Does not break the law, encourage or facilitate the breaking of the law, or violate any applicable regulation or Lo City Enterprises, Inc. rule or policy;
* Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
* To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, Lo City Enterprises, Inc. cannot guarantee the accuracy, integrity or quality of Content.
 
Furthermore, by submitting any photographs, poems, stories and/or videos to Lo City Enterprises, Inc. using the online submission form, you are entering the photograph, poem, story and/or video in a Contest.  If you do not wish to participate in the Contest, then do not submit your photographs, poems, stories and/or videos to any of our Contests.

Lo City Enterprises, Inc. reserves the right to refuse to permit your publication on the Sites of any Content that Lo City Enterprises, Inc, in its sole discretion, deems in violation of the terms and conditions set forth above.

In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.

As the owner of the Sites (as described in detail in Section 16 below), Lo City Enterprises, Inc. reserves the right to place advertisements on the Sites.
 
The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to Lo City Enterprises, Inc.  Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Lo City Enterprises, Inc. responsible for any inadvertent damage to, corruption of or destruction of the Content.  Lo City Enterprises, Inc. is not responsible for backing up the Content.  You are responsible for backing up, on your own computer, all Content.  Lo City Enterprises, Inc. will not be responsible for archiving or backing-up any Content.  If any Content transmitted to Lo City Enterprises, Inc. is damaged, lost or corrupted in any way, Lo City Enterprises, Inc. will have no obligation or liability to you.  You are solely responsible for all Content you generate or forward to Lo City Enterprises, Inc.

Lo City Enterprises, Inc. websites will publish the names of all winners.  If, for any reason, this contest cannot be run or completed as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause which corrupts or affects the administration, security, fairness, integrity, or proper conduct of the contest, Lo City Enterprises, Inc.  reserves the right, at its sole discretion, to disqualify any individual who is responsible or who tampers with the Contest, and to modify, cancel, or terminate the Contest and select winners from all eligible entries received prior to the cancellation or termination.

CAUTION - ANY ATTEMPT TO Deliberately DAMAGE ANY Website OR UNDERMINE THE LEGITIMATE OPERATION OF THESE CONTESTS MAY VIOLATE CRIMINAL AND CIVIL LAWS, SHOULD SUCH AN ATTEMPT BE MADE, LO CITY ENTERPRISES, INC. RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY PERSON RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

In addition, Lo City Enterprises, Inc. may modify the terms of these Contests with or without prior notice.  These Contests are subject to all applicable laws and regulations but is governed by the substantive law of the State of Oregon.  Void wherever prohibited or restricted by law.  Any claims related to these Contests must be resolved in the federal or state courts that service Astoria, Oregon.  Entrants agree to abide by the Official Rules and the decisions of Lo City Enterprises, Inc. with respect to these Contests, which are final.

4. Use of Sites
 
As a User, you agree not to use the Sites to:
 
* Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
* Harm anyone, including minors, in any way;
* Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
* Interfere with the operation of the Sites via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
* Employ a robot, spider or other process or device to harvest email addresses or other User information or to monitor the activity on the Sites;
* Impersonate another person or entity or to forge any email communication or message; and
* Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.
 
In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.
 
Lo City Enterprises, Inc. reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect, or negatively affects site operations.  At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Sites.  We reserve the right to amend our policies from time to time in our sole discretion.

5. User Registration and Information
 
We want to make sure that you have correctly completed the information in the User Registration form on the Sites ("User Information").  In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Sites.  Remember, it is your responsibility to keep current all of your User Information on the Sites.
 
You will have the opportunity to select a username and Password during the Guild Member registration process.  You are solely responsible in all respects for: (a) all use of the Sites made using your username and Password, and (b) maintaining the confidentiality of your username and Password.  Only one individual may access the Sites at the same time using the same username and Password.  You agree to notify us immediately of any unauthorized use of your email address, username or Password or any other breach of security regarding the Sites of which you are aware. Lo City Enterprises, Inc. may refuse to grant you a username or Password that impersonates someone else, is protected by trademark or other proprietary right law, or is otherwise offensive, or for any other reason.

6. Retiring Content and/or Terminating Membership
 
If you wish to terminate your Membership, please contact support with a specific request to do so.

Lo City Enterprises, Inc. retains any residual rights to deleted or retired work as outlined above.  If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.

7. International Users
 
Lo City Enterprises, Inc. makes no representation that material on the Sites is appropriate to or available at locations outside of the United States.  You may not use the Sites or export the Contents in violation of U.S. export regulations.  If you access these Sites from a location outside of the United States, you are responsible for compliance with all applicable local laws and any local taxes that may be payable.

8. Operation of Sites
 
Technical, maintenance and other issues may make Lo City Enterprises, Inc. websites unavailable from time to time.  Lo City Enterprises, Inc. makes no commitment, warranty or guarantee that the Sites will operate in a timely, uninterrupted or error-free manner, or that the Sites will meet User's purposes.  Lo City Enterprises, Inc. may also in its discretion modify the features, availability, operation and/or look and feel of the Sites from time to time without notice to our users.

9. Disclaimers
 
Everything on Lo City Enterprises, Inc. Sites including all software, services, information, materials, forums, tools and Content is offered by Lo City Enterprises, Inc. and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to, the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, Lo City Enterprises, Inc. cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Sites.

10. Limitation of Liability
 
In no event shall Lo City Enterprises, Inc. or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Sites, Content on the Sites, or any transaction entered hereunder, whether in contract, tort or otherwise, even if Lo City Enterprises, Inc. or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages.  You agree that the liability of Lo City Enterprises, Inc, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Sites shall not exceed the amount you paid to Lo City Enterprises, Inc. in connection with the transaction giving rise to such claim.  Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
 
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Lo City Enterprises, Inc, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against Lo City Enterprises, Inc. in contract, tort, or any other legal doctrine.  Your sole and exclusive remedies under this agreement are as expressly set out in this agreement.  Any warranty gives you specific legal rights.  You may also have other rights, which vary from state to state or country to country.

Indemnification
 
If someone takes Lo City Enterprises, Inc. to court as the result of something you did in violation of this Member Agreement, you will pay for any damages or costs assessed against or incurred by Lo City Enterprises, Inc.  In other words, you shall indemnify and hold Lo City Enterprises, Inc. harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that Lo City Enterprises, Inc. may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.

11. Proprietary Rights
 
Lo City Enterprises, Inc. is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Sites, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. Lo City Enterprises, Inc. owns the design, format and layout of the Sites.  Lo City Enterprises, Inc. authorizes Users of these websites to use the Sites and to copy materials posted on the Sites strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content.  Any and all other uses of the materials posted on the Sites are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content.  In other words, your authorization from Lo City Enterprises, Inc. does not extend to use of the design, format, or layout of these websites, which may be further protected under applicable trade dress, trademark, or copyright laws.  All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from these websites.  Failure to maintain such notices voids the authorization granted above.  In granting this authorization, Lo City Enterprises, Inc. grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Sites, and in any intellectual property rights protecting such materials and subject matter.
 
The Lo City Enterprises, Inc. logo and the names of all Lo City Enterprises, Inc. products and/or services as posted herein are either trademarks, service marks, or registered trademarks and/or service marks of Lo City Enterprises, Inc.

12. Severability
 
This Agreement is binding.  It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties.
 
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
 
Every provision of this Agreement is intended to be severable.  If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable.  If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
 
This Agreement is governed by the laws of the State of Oregon, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association.  The location of the arbitration shall be Astoria, Oregon.  The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
 
Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused.  Lo City Enterprises, Inc. and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
 
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venture of the other party for any purpose whatsoever.

13. Term
 
This Agreement is effective until terminated. Lo City Enterprises, Inc. may terminate or suspend this Agreement immediately for any reason and without prior notice to you.  You may terminate your Membership by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by Lo City Enterprises, Inc.  If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded remain applicable.  All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.

14. Agreement and Amendments
 
By completing the registration process and using the Sites, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement.  You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced.  We encourage you to print and keep a copy for reference.
 
Lo City Enterprises, Inc. may change the terms in this Agreement from time to time.  When the terms are changed, Lo City Enterprises, Inc. will make a posting on the Sites regarding the change.  You agree to review the terms of this Agreement from time to time.  If you do not agree to be bound by any future changes, you should promptly notify Lo City Enterprises, Inc. and discontinue your use of the Sites.  If you use the Sites after Lo City Enterprises, Inc. has posted a change to these terms on the Sites, you are agreeing to be bound by all of the changes.
 
15. Digital Millennium Copyright Act

If you believe that any material contained in this Sites or any other of Lo City Enterprises, Inc. websites infringes your copyright, you should notify Lo City Enterprises, Inc. of your copyright infringement claim in accordance with the following procedure.

Lo City Enterprises, Inc. will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.  The DMCA requires that notifications of claimed copyright infringement should be sent to this Sites' Designated Agent who is:
 
D. L. Shadrick
Lo City Enterprises, Inc.
P.O. Box 503
Astoria, OR  97103
Fax: (503) 325-1788
Email: locityenterprises@yahoo.com
 
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
 
a. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
 
b. 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 or other sites;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
 
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
 
f. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.