The Terms and Conditions (T&Cs) agreement is the binding contract between ActressBooks and its users, establishing the rules of engagement, protecting the platform’s core intellectual property (IP), and limiting organizational liability.
A. Full Content for the Terms and Conditions Agreement
Effective Date:
1. Acceptance of Terms
By accessing or using actressbooks.com, users acknowledge that they have read, understood, and agree to be bound by these T&Cs. It is advisable to have this professional document in place, regardless of the platform’s direct commercial activities.
2. Intellectual Property Rights and Ownership
ActressBooks maintains exclusive ownership over all original intellectual property related to the site, including the proprietary database structure, design elements, trademarks, and the compilation of actress profiles. Users agree that ActressBooks owns all marks and ideas associated with the platform.
3. Prohibited Uses and Data Protection (Anti-Scraping Strategy)
The core commercial asset of ActressBooks is the proprietary compilation of its detailed profiles. To protect this asset from unauthorized extraction (scraping or data mining), the T&Cs must include stringent prohibitions that transform the defense strategy from a complicated copyright claim to a clear breach of contract action.
Users expressly agree that they will not:
- Reproduce, duplicate, copy, or re-sell any part of the site in contravention of these terms.
- Sell, modify, rent, loan, share, or distribute ActressBooks content in any way, except for noncommercial, personal uses.
- Access without authority, interfere with, damage, or disrupt any part of the site, including the underlying equipment, network, or software used in its provision.
- Engage in any form of text or data mining, scraping, or automated extraction of content or data from the site.
4. User-Generated Content and Third-Party IP
While ActressBooks is primarily a database, if functionality allows users to upload content (e.g., comments, fan submissions), the T&Cs must clearly ban the uploading of any material that breaches a third party’s intellectual property rights (including copyrights or privacy rights). ActressBooks reserves the right to remove any such infringing content and may suspend or ban users who violate this clause.
5. User Responsibilities and Account Security
If registration is required, users are responsible for maintaining the accuracy of their provided account information and the confidentiality of their credentials. Users must not engage in any activity that constitutes harassment or the distribution of malicious software (viruses, hacking).
6. Limitation of Liability
ActressBooks shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages resulting from the use or the inability to use the site or reliance on any information posted, consistent with the Disclaimer of Warranties. This limitation applies to damages for loss of profits, data, or reputation.
7. Indemnification Clause
The user agrees to indemnify, defend, and hold harmless ActressBooks, its officers, directors, employees, and agents from and against all liabilities, damages, losses, expenses, and claims arising out of or related to the user’s use of the site, performance under the T&Cs, or breach of any third-party rights (such as copyright claims resulting from user actions). This clause specifies which party is responsible for litigation brought by a third party.
8. Boilerplate Clauses for Contractual Certainty
The inclusion of standard boilerplate clauses provides crucial clarification of the contractual relationship between the parties, minimizing uncertainty in the event of a dispute.
Amendments: ActressBooks reserves the right to modify these T&Cs at any time. Continued use of the site after such modifications constitutes acceptance of the new terms.
Governing Law and Jurisdiction: These terms shall be governed by and construed in accordance with the laws of, excluding its conflict of law provisions. Legal proceedings shall be exclusively resolved in the courts located in.
Entire Agreement: These T&Cs constitute the entire agreement between the user and ActressBooks regarding the use of the site and supersede all prior or contemporaneous agreements and communications.
Severability: If any provision of these T&Cs is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
