Lascivio

Legal Notice – Terms of Use

BY VIEWING OR USING THE SITE YOU HEREBY AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY OR PART OF THESE TERMS YOU MAY NOT USE OR VIEW THIS SITE.

Agreement to Terms of Use and Access

The Terms and Conditions of Use and Access (the “Terms of Use”) apply to the web site being lascivioproject.com, ineofabulam.com, and all associated domain names linked to those web pages (collectively known as the “Site”). The Site is the property of Lascivio Pty Ltd (“Lascivio”). In this Agreement, “you” and “your” refer to the user of the Site. The words “we,” “our” and “us” refer to Lascivio. “Agreement” refers to the terms and conditions stated below, or as amended by us from time to time.

Lascivio reserves the right, in its sole discretion, to change, modify, add or remove any portion of these Terms of Use at any time. Your continued use or viewing of the Site following the posting of changes to the Terms of Use will mean that you accept and agree to the changes. It is your responsibility to check these Terms of Use for changes prior to any subsequent use or viewing of the Site. Provided that these Terms of Use are complied with, Lascivio grants you a personal, non-exclusive, non-transferable, limited privilege to enter, view and use the Site.

Content

All text, graphics, user interfaces, forms, images, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Lascivio, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Lascivio’s express prior written consent.

Information received through the Site may be reformatted, displayed, and printed for your personal, non-commercial use on the condition that you do not change, delete, hide, remove, or in any way make ineffective the trademark, copyright, or proprietary notices therein.

Protected Information

Information which may be received from the Site or viewed via the use of digital rights management software or systems may be viewed only subject to the Terms of Use concerning such Information. Details of any Terms of Use concerning such information may be provided as part of the information package or be accessible from the Site prior to obtaining the information package.

You acknowledge that any information or content viewed with the aid or use of digital rights management systems or software is considered commercial in confidence and is intended to be read by the nominated recipient only. Such information is not to be redistributed, copied, printed, reformatted or otherwise reproduced in any form for the benefit of or dissemination to any other party.

Your Use of the Site

You may not attempt to gain any unauthorized access to any portion of the Site, or any systems or networks connected to the Site or to any Lascivio server, by any illegitimate or unlawful means.

You may not breach nor attempt to breach or circumvent any security or authentication measures on the Site or any network connected to the Site. You may not exploit the Site or any service or information made available or offered by or through the Site to reveal or retrieve any personal identification information, other than your own information as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, its hosting systems or Lascivio’s systems or networks, or any systems or networks connected to the Site or to Lascivio. You agree not to use interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge, falsify nor manipulate user identifiers in order to disguise the origin of any message or transmittal you send to Lascivio on or through the Site or any portion or function of the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Lascivio or others.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to create an “account”. For the purposes of the Terms of Use an “account” is any identification information willingly provided to or through the site by yourself which is identifiably separate to, or exclusive to yourself. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under or with your account. You agree to notify Lascivio immediately of any unauthorized use of your account or password, or any other breach of its security.
You may not use anyone else's password or account at any time without the express permission and consent of the holder of that password or account. Lascivio cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Lascivio’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. View Lascivio’s Privacy Policy

Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure, and that all information transferred to and from the Site will traverse third party networks or infrastructure over which Lascivio has no control nor has any liability for whatsoever. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Lascivio Site

This Site may contain links to other independent third-party web sites (“Linked Sites”). These links are provided solely as a convenience to our visitors. Such Linked Sites are not under Lascivio’s control, and Lascivio is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites, and the presence of any link on the Site is not in any way a recommendation by Lascivio for you to visit those sites.

Disclaimers

LASCIVIO DOES NOT COMMIT THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT RE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. LASCIVIO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, NOR THAT THEY WILL BE RECEIVED BY YOU IN THEIR ORIGINAL UNALTERED FORM. LASCIVIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LASCIVIO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY LASCIVIO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST LASCIVIO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE AGREEMENT BETWEEN THE PARTIES AND AN ESSENTIAL CONDITION OF THESE TERMS OF USE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Lascivio reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Lascivio be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Lascivio has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Lascivio is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Lascivio’s liability shall in no event exceed the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the twelve months prior to the date of the initial claim made against Lascivio. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply in some situations.

Indemnity

You agree to indemnify and hold Lascivio, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Lascivio by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Lascivio may disclose any information we have about you (including your identity) to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Lascivio’s rights or property, or the rights or property of visitors to or users of the Site, including Lascivio’s customers. Lascivio reserves the right at all times to disclose any information that Lascivio deems necessary to comply with any applicable law, regulation, legal process or governmental request. Lascivio also may disclose your information when Lascivio determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Lascivio may preserve any transmittal or communication by you with Lascivio through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Lascivio determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Lascivio, its employees, users of or visitors to the Site, and the public.

You agree that Lascivio may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and may cause irreparable harm to Lascivio, for which monetary damages would be inadequate, and you consent to Lascivio obtaining any injunctive or equitable relief that Lascivio deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Lascivio may have at law or in equity.
You agree that Lascivio may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New South Wales in Australia without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Lascivio and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Lascivio administers and operates the Site from its location in Sydney, Australia. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use internationally. Lascivio reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the Australia, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Unsolicited Idea Submission

By submitting Content or ideas in any form, via chat or any other means, to the Site or to Lascivio, you grant Lascivio a perpetual, royalty-free, irrevocable, non-exclusive worldwide right and license to use, disclose, display, exhibit, perform, reproduce, modify, adapt, publish, translate, and distribute such Content or ideas or incorporate such Content or ideas into any form, medium, or technology now known or hereafter developed. Further, Lascivio shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever including but not limited to research, development, manufacturing, and marketing of products and other items incorporating such ideas.

Any Content or ideas posted by you to any publicly visible place within the Site shall immediately and irrevocably become public property and available for use by any party for any lawful purpose in any way, including Lascivio or its agents and partners.
If you are not the owner of any Content submitted, you warrant that you have received all necessary consents from the owner of such rights. You will hold Lascivio harmless if any such Content submitted is in violation of any such rights.

You agree that your ideas will automatically become the property of Lascivio without compensation to you, and that Lascivio can use the ideas you submit for any purpose and in any way, including giving the ideas to others.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Lascivio shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice. ©2007 Lascivio Pty Ltd. All rights reserved.

PRIVACY POLICY

YOUR USE OF OUR SERVICES AND WEB SITES IS SUBJECT TO YOUR AGREEMENT TO THE TERMS OF THIS PRIVACY POLICY.
Lascivio Pty Ltd (“Lascivio”) respects your privacy and is committed to protecting the personal information that you may provide while using our web sites and services. If you have any questions, complaints, or comments regarding this Policy, please contact Lascivio Customer Service at accounts@lascivio.com .

Web Sites Covered

We currently operate the following web sites (the “Sites”):
www.lascivioproject.com, www.ineofabulam.com
In addition, we own other domain names that may redirect to the Sites and/or content-specific “subsites” of Lascivio.
From time to time, we may add new Sites that may not be listed above, but they will provide a link to this Policy and will be governed by its terms.

Children Under 13

Our Sites are not intended for, nor directed to children under the age of 13, and Lascivio does not offer memberships, or accounts to persons under age 13. If you are under the age of 13, you may not create an account on the Site, you may not sign up for any subscription service or buy anything through the Site, and you are not eligible to enter any of competitions or promotions, nor to contribute or post on any forums. Except as may be required by law, Lascivio will not knowingly collect, maintain, or disclose any personal information from children under the age of 13.

Persons Between 13 and 18

If you are between the ages of 13 and 18, please let your parent or guardian know about this Policy and get his or her permission before you give us any of your personally identifiable information, before you use any of our message boards, instant message or chat features, before you sign up for any subscription services, and before you buy anything from the Site. Never post your real name on a web site or message board, and never tell anyone online anything private about yourself or your family, including your phone number and address. If you win any prize, your parent or guardian will have to contact us via post, email, fax or phone on your behalf as they must accept the prize for you. Some areas of the Site may have special rules for children under the age of 18 and you must follow those rules when required.

Parents/Guardians

Lascivio encourages parents and guardians to spend time online with their children to become familiar with the types of content available on the Internet, especially online games. Parents and guardians should regularly oversee their children’s use of e-mail and other online communications and transactional features. Control tools are available from online services and software manufacturers that can help provide a safe online environment for kids.
Online games are a rapidly growing entertainment medium that is in high demand from young members of societies all over the world. The same awareness, caution, supervision, care and interest should be shown by parents and guardians as they would toward any publicly accessible environment.

What personal information we collect from you

General

We only collect personal information from you that you have provided to us voluntarily, and we will only collect such personal information (e.g., name, email address, and mailing address), which is needed to fulfil your requests and our legitimate business objectives. If you refuse to divulge your personal information when requested, you will not be able to access certain areas on the Sites (such as the message boards).

Protected Information

Some information provided by Lascivio either directly or via the Site may include information that is visible with the use of digital rights management software or systems. Such information will only be provided to specific individuals who have accurately and completely provided Lascivio with the personal identification information required. The recipients rights to access and view such protected information is conditional upon their accurate and truthful representation of themselves.
To be eligible to receive protected information Lascivio will require from you your email address, state and country of residence, zip/postal code, real full name, current employment or industry affiliation, and your stated reason for interest in the information.

Memberships and Registration

In order for you to register an account with Lascivio we require you to provide us with an email address, state and country of residence, zip/postal code, birth date and gender; we allow you to elect whether to also provide your real name. Some areas may allow you to visit as a guest and remain anonymous, but you may not be able to access all the content and features of those areas without registering (in order to play our subscription based games, additional information, such as your real name and billing information, will be required).

You may be asked to choose a user or member name and password. Please do not use your real name or the real name of another person when selecting a user name. Please note that your user name will be available to the Internet’s general public while you participate in some services, like chat rooms or message boards, so you should exercise discretion when using these services. Personal information disclosed by you within our chat areas, instant message service, message boards, can be collected by other users of such services and may result in unsolicited messages. Lascivio is not responsible for protecting such information that you may disclose to third parties through our services (e.g. sending your telephone number to another user through the chat service). To the extent that you create a public profile that may be available to others on our sites and services, you are solely responsible for its content and accuracy at all times. To edit, change, or delete such information, follow the instructions on the web site.

Surveys, Contests, and Promotions

To participate in some of our contests, surveys, and other promotions, you may be asked to provide additional personal information such as your mailing address. In each such case, no new personal information will be collected from you without your consent. This information may be collected by Lascivio or by third parties such as co-sponsors or vendors for the promotion. Lascivio’s use of any such information will be governed by this Policy. The names of third parties such as co-sponsors (other than vendors hired by Lascivio to conduct, administer, and execute a promotion on behalf of Lascivio) will be disclosed to you when you are asked to sign up for the promotion. You should review such third parties’ privacy policies to see how they may use any information that they collect.

Resume Submissions and Business Capacity

Lascivio is not currently accepting the online submission of resumes. Please be advised that information (including personal information) contained in a job applicant’s resume or otherwise submitted to Lascivio in a business capacity is not subject to the terms of this Privacy Policy.

Non-personal Information

General, aggregated, demographic, and non-personal information may be collected by Lascivio. It will not be linked to any of your personal information, through cookies or other means, without your consent. This type of anonymous, aggregated profiling and session data may include information that you have provided to us through surveys, polls, etc., but will not be tied to any personal information, without your consent. It may also include aggregated anonymous information about site usage and the customer base.

As part of the registration process for some services, you may be asked to provide information that does not personally identify you. For example, you may be asked to provide information concerning your entertainment preferences, purchasing habits, and the like. This information is generally optional but may be included in your account profile and tied to personal information. Lascivio requests this information to understand you better and to also bring to your attention new services, programs, or offers that may be of interest to you.

In many cases, Lascivio will automatically collect certain non-personal information about your use of its sites and services. Lascivio might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your “click path” through the site, and the web site or advertisement that was linked to or from the Lascivio site when you visited. To do this, Lascivio may use cookies and other technology (see below). Your visits to our web sites, and information provided through these technologies, will be anonymous unless you provide us with personal information or have provided such information in the past.

Information on cookies and related technology

Lascivio web sites, and some services and advertisements on such sites, may contain “cookies.” A cookie is a piece of data that is sent to your browser, which will store the cookie on your computer if your browser is enabled to accept cookies. Clear gifs (also known as “web beacons”) assist in the delivery of cookies.

Lascivio uses cookies, clear gifs, frames, server log analysis and other technology to customize your experience with our sites and services. Personal information collected through the use of these technologies will be handled according to this Policy.
Most internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or “Help” screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Lascivio web sites and services may not function properly.

Use of Information

Personal information which we collect for a particular purpose will only be saved and used for that purpose, unless you have agreed to allow us to use it for some other purpose, as described in this Policy.

When you have provided personal information to us for a particular purpose, we may disclose your information to other companies that we have engaged to assist us in fulfilling your request. We may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as we deem necessary in our sole discretion, in order to protect the legitimate legal and business interests of Lascivio.

We may use the information we collect from you for the purpose of providing you with technical support, customer service, and account maintenance. We use the information we collect to learn what you like, tailor your experience accordingly, and to improve web sites and our other products. We send e-mail to our members who want to receive e-mail from us. However, if you don’t want to receive e-mail from us, you can “opt out” of receiving it at the time you register as a member on our web sites or each time we request information from you. If you change your mind and wish to stop receiving e-mails from us, you may also choose to opt out by following the steps described in each such e-mail.

Lascivio may send limited e-mail communications to you even if you have elected not to receive general notifications from us. However, Lascivio commits that such e-mail will contain only information we consider highly significant and will be limited to no more than four occasions per calendar year.

Except as described in this policy, we will not give any of your personal information to any third party without your express approval, and the only personal information we will ask you if you want us to share with third parties is your name, your mailing address and e-mail address. We sometimes share general, demographic, or aggregated (not personal) information with third parties about our user base, but that information does not include any personal information.

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Sites, of any personal information contained in the Lascivio database for such site, if Lascivio or one of its companies assigns all of its rights and obligations regarding the use of your personal information at the time of a bankruptcy, merger, acquisition, sale of all or substantially all of Lascivio’s or such Lascivio company’s assets to a subsequent owner or operator, or similar event.

Third Party Sites

This Policy applies only to information collected online by Lascivio through web sites maintained by Lascivio and affiliated companies that Lascivio may own or control. From time to time, we may provide links to third party web sites. This Policy does not apply to third party web sites, whether we provide a link to such sites or not, so we encourage you to review the policies of all such sites carefully, as your rights will be governed by those third party policies and not by Lascivio’s. Additionally, there may be unauthorized third party web sites that may be providing links from their sites to our web sites without our knowledge or control. Lascivio is not responsible for the content of any third party web sites, expressly disclaim any statements or assertions made on such web sites, and deny all liability associated with your use of, and the content on, such other sites or advertisements contained therein.

Updating Information

If you change your mind and do not want to receive e-mails from us and/or to have us share your name and e-mail address (or other personal information) with third parties, you may send an e-mail to us at accounts@lascivio.com. Subject to security and privacy concerns (e.g., regarding your password, etc.), we will give you the ability to review, correct, delete, and/or update your information. To do so, you may send us an e-mail at accounts@lascivio.com. If you choose to have your personal information removed from our active databases, we will do so within a reasonable time after your request and we will take reasonable steps to ensure that your personal data is not used (except as may be required by law) by Lascivio after your notification to us.

Other Terms of Use

In addition to this Policy, your rights and obligations concerning our web sites, services, and online content are governed by the applicable web site Terms of Use, and other applicable policies, guidelines, and requirements. When you sign up to use our services, please review each such agreement carefully, as you must agree to be bound by each such agreement before you may use the service.

Information for International Users

By consenting to this Policy, you confirm that your command and knowledge of English is sufficient to understand the terms and conditions set forth herein.

For persons in European Union countries, as used herein, terms such as “personal information” refer to “personal data” as defined by the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“Directive”). We will not collect any personal data from you unless you provide it voluntarily by providing us with your freely given specific and informed consent. By using Lascivio websites or services, you agree that we may transfer your personal information outside the European Union in connection with the purposes stated in this Policy. Your personal data may be transferred to Australia (and/or other non-EU jurisdictions, as applicable).
While Lascivio takes precautions against possible breaches in its web sites and databases, no web site or Internet transmission is completely secure. Consequently, Lascivio cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Lascivio sites and services is at your own risk. Lascivio urges you to take steps to keep your personal information safe.

Notice of Changes

Lascivio reserves the right to change this Policy at any time by notifying registered users via e-mail of the existence of a new Policy and/or posting the new Policy on the Lascivio sites. All changes to the Policy will be effective when posted, and your continued use of any Lascivio site or service after the posting will constitute your acceptance of, and agreement to be bound by, those changes.