I. Images
and Content
These SITE contain images and content, including but not limited
to text, software, images, graphics, data, messages, or any other
information, and any other World Wide Web Site owned, operated,
licensed, or controlled by SITE (collectively, “Materials”).
All Materials displayed on the SITE are protected by the First Amendment
rights to Free Speech, Free Expression and Freedom of the Press,
and parallel provisions of other constitutions. You acknowledge
that the SITE may offer online content that could be deemed “adult”
or “erotic” in nature. Additionally, you are on notice
that some of the Materials presented on the SITE may contain graphic
visual depictions, graphic audio, and descriptions of sexually oriented,
explicit, offending, or disturbing activities. You acknowledge that
you are aware of the nature of the Materials provided by the SITE,
that you are not offended by such Materials and that you access
the SITE freely, voluntarily and willingly. You also acknowledge
that this SITE is intended to contain only images protected by the
First Amendment to the United States Constitution. If you are seeking
information regarding illegal activities, please leave this SITE
immediately. You are further aware of the community standards of
your community, and you will only access the content on the SITE
if you believe, upon diligent investigation, that the content on
the SITE does not offend the community standards prevalent in your
community. You further agree not to use or access the SITE if doing
so would violate the laws of your state, province or country.
II. Age of Majority and Membership
A. Age of Majority
You represent and warrant you are at least 18 or 21 years of age,
depending on the age of majority in your jurisdiction, and that
you have the legal capacity to enter into this Agreement. If you
are not at least 18 or 21 years of age, depending on the age of
majority in your jurisdiction, you must exit the SITE immediately
and may not use or access the SITE or print or download any Materials
from them. You may be asked to verify your birth date on the Birth
Date Verifier™ form as a condition of entry onto the SITE,
pursuant to 28 U.S.C. §1746. You agree not to bypass any security
and/or access feature on this SITE. Additionally, the SITE does
not assume any responsibility or liability for any misrepresentations
regarding a user’s age.
B. Membership
Membership may not be assigned, transferred, or sold to a third
party. The SITE and its affiliates disclaim any and all liability
arising from fraudulent entry and use of the SITE. If a user fraudulently
obtains access, the SITE may terminate membership immediately and
take all necessary and appropriate actions under applicable federal,
state, and international laws.
III. No Child Pornography
You understand that all models appearing on this SITE are, and were
at the time of all recorded images, at least 18 years of age, and
that our SITE contains no child pornography. If you seek any form
of child pornography, you must exit this SITE immediately. You acknowledge
that all Materials on the SITE are protected by the First Amendment.
We take a strong and definite stand against child pornography and
only allow images and Materials that are protected by the First
Amendment. If you identify any images, real or simulated, depicting
minors engaged in sexual activity within the SITE, please report
the images to the SITE. Include with your report any appropriate
evidence, including the date and time of identification. All reports
will immediately be investigated and the appropriate action will
be taken. We enthusiastically cooperate with any law-enforcement
agency investigating child pornography. If you suspect other outside
websites are participating in unlawful activities involving minors,
please report them to www.asacp.org. Users should implement parental
control protections, such as computer hardware, software, or filtering
services, which may help users to limit minors’ access to
harmful material.
IV. Access to, Limited License, and Interference with, SITE
A. Access
To access the SITE or some of the resources it has to offer, you
may be asked to provide certain registration details or other information.
It is a condition of your use of this SITE that all information
you provide will be correct, current, and complete. If the SITE
believes the information you provide is not correct, current, or
complete, the SITE has the right to refuse you access to the SITE
or any of its resources, and to terminate or suspend your access
at any time.
B. Limited License
Subject to these Terms and Conditions and in consideration of using
the SITE, the SITE hereby grants you a limited, nonexclusive, nontransferable
personal license to access and use the SITE and the Materials contained
therein. The SITE provides the Materials on this SITE for the personal,
non-commercial use by viewers, fans, visitors, subscribers and/or
potential subscribers of said SITE. Users of this SITE are granted
a single copy license to view Materials (on a single computer only).
All Materials on the SITE shall be for private non-commercial use
only, and all other uses are strictly prohibited. SITE reserves
the right to limit the amount of materials viewed. You agree to
prevent any unauthorized copying of the SITE, or any of the Materials
contained therein. Any unauthorized use of the SITE or any of the
Materials contained therein terminates this limited license effective
immediately. This is a license to use and access the SITE for its
intended purpose and is not a transfer of title. You represent and
warrant that you will not allow any minor access to this SITE and
that you will not copy or redistribute any of the content appearing
on this SITE. SITE reserves the right to terminate this license
at any time if you breach or violate any provision of this Agreement,
in which case you will be obligated to immediately destroy any information
or materials you have downloaded, printed or otherwise copied from
this SITE. Violators of this limited license may be prosecuted to
the fullest extent under the applicable law.
C. Interference
Except where expressly permitted by law, you may not translate,
reverse-engineer, decompile, disassemble or make derivative works
from our SITE’s Materials. User hereby agrees not to use any
automatic device or manual process to monitor or reproduce the SITE,
and will not use any device, software, computer code, or virus to
interfere or attempt to disrupt or damage the SITE or any communications
on it.
V. Restrictions on Use of SITE
You may use the SITE only for purposes expressly permitted by the
Terms and Conditions of the SITE. You may not use the SITE for any
other purpose, including any commercial purpose, without the SITE’s
express prior written consent. Without the express prior written
authorization of the SITE, you may not: (a) duplicate the SITE or
any of the Materials contained therein (except as expressly provided
above in Paragraph IV); (b) create derivative works based on the
SITE or any of the Materials contained therein; (c) use the SITE
or any of the Materials contained therein for any public display,
public performance, sale or rental; (d) re-distribute the SITE or
any of the Materials contained therein; (e) remove any copyright
or other proprietary notices from the SITE or any of the Materials
contained therein; (f) frame or utilize any framing techniques in
connection with the SITE or any of the Materials contained therein;
(g) use any meta-tags or any other “hidden text” using
the SITE’ name or marks; (h) “deep-link” to any
page of the SITE (including the homepage); (i) circumvent any encryption
or other security tools used anywhere on the SITE (including the
theft of user names and passwords or using another person’s
user name and password in order to gain access to a restricted area
of the SITE); (j) use any data mining, robots or similar data gathering
and extraction tools on the SITE; (k) decompile, reverse engineer,
modify or disassemble any of the software aspect of the Materials
except and only to the extent permitted by applicable law; (l) sell,
rent, lease, license, sublicense, transfer, distribute, re-transmit,
time-share, use as a service bureau or otherwise assign to any third
party the Materials or any of your rights to access and use the
Materials as granted in Paragraph IV above; or (m) bookmark any
page of the SITE beyond the registration log-in screen. You agree
to cooperate with the SITE in causing any unauthorized use to cease
immediately. At any time, if the SITE provides a service enabling
users to share information or communicate with other users, you
hereby agree not to publish, disseminate or submit any defamatory,
offensive or illegal material while using the SITE or other services
included on the SITE. You are solely responsible for submitting
any material that violates any United States or International laws
even if a claim arises after your service is terminated, and, by
doing so, your actions shall constitute a material breach of this
Agreement and the SITE shall terminate all your rights under this
Agreement.
VI. Membership
A. Registration
You are responsible for providing all equipment and the computer
necessary to access the SITE. You may access the non-public portion
of the SITE only by being a member in good standing to the SITE.
The SITE reserves the right to modify Materials and the SITE’s
design at anytime, with or without prior notice. You may become
a member of the SITE by completing an online registration form,
which must be accepted by SITE, and you must pay the subscription
fee. Upon submission of the online registration form, SITE or its
authorized agent will process the application. In connection with
completing the online registration form, you agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by the registration form (such information being the
“Registration Data”) and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete
at all times while you are a member. You must promptly inform SITE
of all changes, including, but not limited to, changes in your address
and changes in your credit card used in connection with billing
for the SITE. If you provide any information that is untrue, inaccurate,
not current or incomplete, or SITE or any of its authorized agents
have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, SITE has the right to suspend
or terminate your account and refuse any and all current or future
use of the SITE, as well as subjecting you to criminal and civil
liability. You are responsible for dishonored checks and any related
fees that we incur with respect to your account.
B. Member Account, Password and Security
As part of the registration process, you will be issued a unique
user name and password which you must provide in order to gain access
to the non-public portion of the SITE. You certify that when asked
to choose a username you will not choose a name which may falsely
represent you as somebody else or a name which may otherwise be
in violation of the rights of a third party. We reserve the right
to disallow the use of usernames that we, at our sole discretion,
deem inappropriate. We reserve the right to cancel at any time the
membership of any member who uses their selected username in violation
of these Terms and Conditions or in any other way we, in our sole
discretion, deem inappropriate. Your membership, the ID and password
are nontransferable and non-assignable. You represent and warrant
that you will not disclose to any other person your unique user
name and password and that you will not provide access to the SITE
to anyone who is below the age of majority in your state, province,
or country, or otherwise does not wish to view the content on the
SITE. You are solely responsible for maintaining the confidentiality
of your user name and password and are fully responsible for all
activities that occur under your user name and password. SITE will
not release your password for security reasons. You agree to (a)
immediately notify SITE of any unauthorized use of your user name
and password or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. You are liable
and responsible for any unauthorized use of the SITE until you notify
SITE by email regarding that unauthorized use. Unauthorized access
to the SITE is illegal and a breach of this Agreement. You indemnify
the SITE against all activities conducted through your account.
You may obtain access to your billing records regarding charges
of your use of the SITE upon request.
C. Membership Fees
Subscriber's subscription to the service will be automatically renewed
as stated below upon expiration of the initial term, unless SITE
is notified via our online Customer Service Area at https://support.ccbill.com.
The 3 day trial membership renews at the monthly rate if the subscriber
has not cancelled 24 hours prior to the expiration date. Monthly
membership renews at the monthly rate if the subscriber has not
cancelled 72 hours prior to expiration. Membership fees to the SITE
are prominently displayed prior to your subscription thereto. You
agree to pay all membership fees when due according to these billing
terms. At the time of registration, you must select a payment method.
SITE reserves the right to contract with a third party to process
all payments. Such third party may impose additional terms and conditions
governing payment processing. Your card issuer agreement may contain
additional terms with respect to your rights and liabilities as
a card holder. You agree to pay all amounts due to us immediately
upon cancellation or termination of your account. We reserve the
right to make changes to our fees and billing methods, including
the addition of supplemental charges for any content or services
provided by the SITE, with or without prior notice to you, at any
time. THIS SITE USES AN AUTOMATIC REBILL CYCLE ACCORDING TO THE
USER’S SELECTED PAYMENT OPTION.
D. Billing Errors
If you believe that you have been erroneously billed, please notify
us immediately of such error. If we do not hear from you within
thirty (30) days after such billing error first appears on any account
statement, such fee will be deemed acceptable by you for all purposes,
including resolution of inquiries made by your credit card issuer.
You release us from all liabilities and claims of loss resulting
from any error or discrepancy that is not reported to us within
thirty (30) days of its publication.
E. Download Limit
As a member in good standing, you may download up to 500 MB of data
each day. Upon reaching this limit, you may be denied access to
download any additional data until the beginning of the next day.
VII. Termination
You may cancel your membership at any time by visiting https://support.ccbill.com.
You hereby agree to be personally liable for any and all charges
incurred by you until termination of membership for goods or services
through your use of the SITE. In the event that your account is
canceled by you, no refund, including any membership fees, will
be granted; no online time or other credits will be credited to
you or can be converted to cash or other form of reimbursement.
This Agreement’s provisions shall survive its termination,
unless otherwise stated. Upon our processing of your request to
cancel your membership, you will no longer have access to the non-public
areas of the SITE to which you were a member. Without limiting other
remedies, the SITE may immediately issue a warning, temporarily
suspend, indefinitely suspend, or terminate your access and use
of the SITE and refuse to provide our services to you at any time,
with or without advance notice, if: (a) SITE believes that you have
breached any material term of these Terms and Conditions or the
documents it incorporates by reference, (b) you fail to pay any
amount due by the payment due date; (c) we are unable to verify
or authenticate any information you provide to us; (d) we believe
that your actions may cause legal liability for you, our users or
us; or (e) SITE decides to cease operations or to otherwise discontinue
any of the SITE or parts thereof. Further, you agree that neither
SITE nor any third party acting on our behalf shall be liable to
you for any termination of your membership or access to the SITE.
You agree that if your account is terminated by SITE, you will not
attempt to re-register as a member without prior written consent
from SITE.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS
CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL
MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SITE MAKES NO
REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED
THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY,
SUITABILITY, TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE
SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED
THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA. YOU UNDERSTAND THAT SITE CANNOT AND DOES NOT GUARANTEE OR
WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL
BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY
MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SITE DOES NOT
ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET.
SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH
THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE
INFORMATION BY SELLERS OR THIRD PARTIES. SITE OWNER MAY CHANGE ANY
OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE
INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE OWNER MAKES
NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. SITE
MAKES NO COMMITMENT TO UPDATE THE MATERIALS. THE WARRANTIES AND
REPRESENTATIONS SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES
AND REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, AND ARE IN LIEU
OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED,
THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES OR BY OPERATION
OF LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES AND REPRESENTATIONS
WILL EXTEND TO ANY THIRD PERSON. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
IX. Disclaimer
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS
IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS
PROVIDED OR INTENDS TO PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION
OF ANY LAW, YOUR ABILITY TO USE THE SITE WILL BE TERMINATED IMMEDIATELY.
WE DO HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM
ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT VIOLATES ANY
LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS
FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU
DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD
PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED
TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL
ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS SITE. OUR SITE
CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES. YOU DO
HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY
THAT MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT AND AGREE
TO CEASE REVIEW OF THE SITE SHOULD YOU FIND IT OFFENSIVE. IF YOU
ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS
WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE TO EXIT
IT IMMEDIATELY. THUS, ALL DISPUTES RELATING TO THE ONLINE STORE
SHALL BE DIRECTED TO THE STORE, AND NOT THE SITE.
X. Limitation of Liability
IN NO EVENT SHALL SITE (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS,
SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE
TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF INFORMATION,
BUSINESS INTERUPTION, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM
ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITE OR
ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF SITE HAS BEEN ADVISED
OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING
OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF SITE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL SITE’S MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER
FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR
USE OF A SITE OR SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH
FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
XI. Indemnity
You agree to defend, indemnify, and hold harmless the SITE, its
officers, directors, shareholders, employees, independent contractors,
telecommunication providers, and agents, from and against any and
all claims, actions, loss, liabilities, expenses, costs, or demands,
including without limitation legal and accounting fees, for all
damages directly, indirectly, and/or consequentially resulting or
allegedly resulting from your, or you under another person’s
authority including without limitation to governmental agencies,
use, misuse, or inability to use the SITE or any of the Materials
contained therein, or your breach of any of these Terms and Conditions.
SITE shall promptly notify you by electronic mail of any such claim
or suit, and cooperate fully (at your expense) in the defense of
such claim or suit. We reserve the right to participate in the defense
of such claim or defense at its own expense, and choose its own
legal counsel, but are not obligated to do so.
XII. Links and Linking
Some websites which are linked to the SITE are owned and operated
by third parties. Because the SITE has no control over such websites
and resources, you acknowledge and agree that SITE is not responsible
or liable for the availability of such external websites or resources,
and does not screen or endorse them, and is not responsible or liable
for any content, advertising, services, products, or other materials
on or available from such websites or resources. You further acknowledge
and agree that SITE shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such third-party
content, goods or services available on or through any such website
or resource. If you decide to access any such third party website,
you do so entirely at your own risk and subject to any terms and
conditions and privacy policies posted therein. Users further acknowledge
that use of any website controlled, owned or operated by third parties
is governed by the terms and conditions of use for those websites,
and not by this SITE’s Terms and Conditions, Spam Policy,
Webmaster Agreement, or Privacy Policy, which are incorporated by
reference. Links to external websites or the featured model’s
linked websites (including external websites that are framed by
the Site) or inclusions of advertisements do not constitute an endorsement
by the SITE of such websites or the content, products, advertising
or other materials presented on such SITE, but are for user's convenience.
Users access them at their own risk. The SITE expressly disclaims
any liability for any damages whatsoever incurred by any user in
connection with the use of any website, the access to which was
found through this SITE. The SITE expressly disclaims any liability
derived from the use and/or viewing of any links that may appear
on this SITE. All users do hereby agree to hold the SITE harmless
from any and all damages and liability that may result from the
use of links that may appear on the SITE. The SITE reserves the
right to terminate any link or linking program at anytime.
XIII. Trademark Information
This SITE and the aforementioned names of the SITES are service
marks and/or trademarks of the SITE. We aggressively defend our
intellectual property rights. Other manufacturers’ product
and service names referenced herein may be trademarks and service
marks of their respective companies and are the exclusive property
of such respective owners, and may not be used publicly without
the express written consent of the owners and/or holders of such
trademarks and service marks. The SITE’s marks, logos, domains,
and trademarks may not be used publicly except with express written
permission from SITE, and may not be used in any manner that is
likely to cause confusion among consumers, or in any manner that
disparages or discredits SITE.
XIV. Copyright Information
The Materials accessible from the SITE, and any other World Wide
Web Site owned, operated, licensed, or controlled by SITE, is the
proprietary information and valuable intellectual property of SITE
or the party that provided the Materials to SITE, and SITE or the
party that provided the Materials to SITE retains all right, title,
and interest in the Materials. Accordingly, the Materials may not
be copied, distributed, republished, modified, uploaded, posted,
or transmitted in any way without the prior written consent of SITE,
except that you may print out a copy of the Materials solely for
your personal use. In doing so, you may not remove or alter, or
cause to be removed or altered, any copyright, trademark, trade
name, service mark, or any other proprietary notice or legend appearing
on any of the Materials. Modification or use of the Content except
as expressly provided in these Terms and Conditions violates the
SITE’s intellectual property rights. Neither title nor intellectual
property rights are transferred to you by access to the SITE. All
Materials included on the SITE, such as text, graphics, photographs,
video and audio clips, music, soundtracks, button icons, streaming
data, animation, images, downloadable materials, data compilations
and software is the property of the SITE or its content suppliers
and is protected by United States and international copyright laws.
The compilation of all Materials on the SITE is the exclusive property
of the SITE or its content suppliers and protected by United States
and international copyright laws, as well as other laws and regulations.
XV. Notice of Claimed Infringement
The SITE respects the intellectual property of others, and we ask
our users to do the same. We voluntarily observe and comply with
the United States’ Digital Millennium Copyright Act. If you
believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have
been otherwise violated, please provide SITE’s Designated
Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest;
(b) description of the copyrighted work or other intellectual property
that you claim has been infringed;
(c) a description of where the material that you claim is infringing
is located on a SITE;
(d) your address, telephone number, and email address;
(e) 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; and
(f) a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner’s behalf.
You may send your Notice of Claimed Infringement to:
2257 - A. Ben-Naim
19354 Londelius #2
Northridge, CA 91324
Please do not sent other inquires or information to our Designated
Agent.
XVI. Notice and Takedown Procedures
The SITE implement the following “notice and takedown”
procedure upon receipt of any notification of claimed copyright
infringement. The SITE reserve the right at any time to disable
access to, or remove any material or activity accessible on or from
the SITE or any Materials claimed to be infringing or based on facts
or circumstances from which infringing activity is apparent. It
is the firm policy of the SITE to terminate the account of repeat
copyright infringers, when appropriate, and the SITE will act expeditiously
to remove access to all material that infringes on another’s
copyright, according to the procedure set forth in 17 U.S.C. §512
of the Digital Millennium Copyright Act (“DMCA”). The
SITE’s DMCA Notice Procedures are set forth in the preceding
paragraph. If the notice does not comply with Paragraph 19 and §512
of the DMCA, but does comply with three requirements for identifying
SITE that are infringing according to §512 of the DMCA, the
SITE shall attempt to contact or take other reasonable steps to
contact the complaining party to help that party comply with the
notice requirements. When the Designated Agent receives a valid
notice, the SITE will expeditiously remove and/or disable access
to the infringing material and shall notify the affected user. Then,
the affected user may submit a counter-notification to the Designated
Agent containing a statement made under penalty of perjury that
the user has a good faith belief that the material was removed because
of misidentification of the material. After the Designated Agent
receives the counter-notification, it will replace the material
at issue within 10-14 days after receipt of the counter-notification
unless the Designated Agent receives notice that a court action
has been filed by the complaining party seeking an injunction against
the infringing activity. The SITE reserve the right to modify, alter
or add to this policy, and all users should regularly check back
to these Terms and Conditions to stay current on any such changes.
XVII. Export Control
You understand and acknowledge that the software elements of the
Materials on the SITE may be subject to regulation by agencies of
the United States Government, including the United States Department
of Commerce, which prohibits export or diversion of software to
certain countries and third parties. Diversion of such Materials
contrary to United States’ or international law is prohibited.
You will not assist or participate in any such diversion or other
violation of applicable laws and regulations. You warrant that you
will not license or otherwise permit anyone not approved to receive
controlled commodities under applicable laws and regulations and
that you will abide by such laws and regulations. You agree that
none of the Materials are being or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to proscribed
or embargoed countries or their nationals or be used for proscribed
activities.
XVIII. No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create,
imply, give effect to, or otherwise recognize a partnership, employment,
joint venture or formal business entity of any kind; and the rights
and obligations of the parties shall be limited to those expressly
set forth herein.
XIX. Notice
A. Notice
Any notice required to be given under this Agreement may be provided
by email to a functioning email address of the party to be noticed,
by a general posting on the SITE, or personal delivery by commercial
carrier such as FedEx or Airborne. Notices by customers to SITE
shall be given by electronic messages unless otherwise specified
in the Agreement.
B. Change of Address
Either party may change the address to which notice is to be sent
by written notice to the other party pursuant to this provision
of the Agreement.
C. When Notice is Effective
Notices shall be deemed effective upon delivery. Notices delivered
by overnight carrier (e.g., United States Express Mail or Federal
Express) shall be deemed delivered on the business day following
mailing. Notices mailed by United States Mail, postage prepaid,
registered or certified with return receipt requested, shall be
deemed delivered five (5) days after mailing. Notices delivered
by any other method shall be deemed given upon receipt. Notices
by email and facsimile transmission, with confirmation from the
transmitting machine that the transmission was completed, are acceptable
under this Agreement provided that they are delivered one (1) hour
after transmission if sent during the recipient's business hours,
or 9:00 a.m. (recipient's time) the next business day. Either Party
may, by giving the other Party appropriate written notice, change
the designated address, fax number and/or recipient for any notice
or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice
Any correctly addressed notice that is refused, unclaimed, or undeliverable,
because of an act or omission of the Party to be notified shall
be deemed effective as of the first date that said notice was refused
or deemed undeliverable by the postal authorities, messenger, facsimile
machine, email server, or overnight delivery service.
XX. Communications not Private
SITE does not provide any facility for sending or receiving private
or confidential electronic communications. All messages transmitted
to SITE shall be deemed to be readily accessible to the general
public. Visitors should not use this SITE to transmit any communication
for which the sender intends only the sender and the intended recipient(s)
to read. Notice is hereby given that all messages entered into this
SITE can and may be read by the agents and operators of this service,
regardless of whether they are the intended recipients of such messages.
XXI. Force Majeure
SITE shall not be responsible for any failure to perform due to
unforeseen circumstances or to causes beyond our reasonable control,
including but not limited to: acts of God, such as fire, flood,
earthquakes, hurricanes, tropical storms or other natural disasters;
war, riot, arson, embargoes, acts of civil or military authority,
or terrorism; fiber cuts; strikes, or shortages in transportation,
facilities, fuel, energy, labor or materials; failure of the telecommunications
or information services infrastructure; hacking, SPAM, or any failure
of a computer, server or software, including Y2K errors or omissions,
for so long as such event continues to delay the SITE’s performance.
XXII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise
relating to these Terms and Conditions shall be governed by the
laws of the State of Florida, excluding its conflict of law provisions.
The parties agree that the United Nations Convention on Contracts
for the International Sale of Goods is specifically excluded from
application to these Terms and Conditions. The parties hereby submit
to the personal jurisdiction of the state and federal courts of
the State of Florida. Exclusive venue for any litigation or arbitration
permitted under this Agreement shall be with the state and federal
courts located in Seminole County, Florida.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate
to provide an aggrieved party with full compensation in the event
of the other party’s breach, and that an aggrieved party shall
therefore be entitled to seek injunctive relief in the event of
any such breach, in addition to seeking all other remedies available
at law or in equity.
C. Binding Arbitration
If there is a dispute between the Parties arising out of or otherwise
relating to this Agreement, the Parties shall meet and negotiate
in good faith to attempt to resolve the dispute. If the Parties
are unable to resolve the dispute through direct negotiations, then,
except as otherwise provided herein, either Party may submit the
issue to binding arbitration in accordance with the then-existing
Commercial Arbitration Rules of the American Arbitration Association.
Arbitral Claims shall include, but are not limited to, contract
and tort claims of all kinds, and all claims based on any federal,
state or local law, statute, or regulation, excepting only claims
under applicable worker’s compensation law, unemployment insurance
claims, actions for injunctions, attachment, garnishment, and other
equitable relief. The arbitration shall be conducted in Seminole
County, Florida, and conducted by a single arbitrator, knowledgeable
in Internet and e-Commerce disputes. The arbitrator shall have no
authority to award any punitive or exemplary damages; certify a
class action; add any parties; vary or ignore the provisions of
these Terms and Conditions; and shall be bound by governing and
applicable law. The arbitrator shall render a written opinion setting
forth all material facts and the basis of his or her decision within
thirty (30) days of the conclusion of the arbitration proceeding.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY
IN REGARD TO ARBITRAL CLAIMS.
D. Assignment
The rights and liabilities of the parties hereto will bind and inure
to the benefit of their respective assignees, successors, executors,
and administrators, as the case may be.
E. Severability
If for any reason a court of competent jurisdiction or an arbitrator
finds any provision of these Terms and Conditions, or any portion
thereof, to be unenforceable, that provision will be enforced to
the maximum extent permissible and the remainder of these Terms
and Conditions will continue in full force and effect.
F. Attorney’s Fees
In the event any Party shall commence any claims, actions, formal
legal action, or arbitration to interpret and/or enforce the terms
and conditions of this Agreement, or relating in any way to this
Agreement, including without limitation asserted breaches of representations
and warranties, the prevailing party in any such action or proceeding
shall be entitled to recover, in addition to all other available
relief, its reasonable attorney’s fees and costs incurred
in connection therewith, including attorney’s fees incurred
on appeal.
G. No Waiver
No waiver of SITE shall be deemed a waiver of any subsequent default
of the same provision of these Terms and Conditions. If any term,
clause or provision hereof is held invalid or unenforceable by a
court of competent jurisdiction, such invalidity shall not affect
the validity or operation of any other term, clause or provision
and such invalid term, clause or provision shall be deemed to be
severed from these Terms and Conditions.
H. Headings
All headings are solely for the convenience of reference and shall
not affect the meaning, construction or effect of these Terms and
Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between
the parties with respect to your access and use of the SITE and
the Materials contained therein, and your membership with the SITE,
and supersede and replace all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter. No
amendment to or modification of these Terms and Conditions will
be binding unless in writing and signed by a duly authorized representative
of both parties.
J. Modifications
SITE reserves the right to change any of the provisions posted herein
and you agree to review these Terms and Conditions each time you
visit the SITE. Your continued use of the SITE following the SITE’s
posting of any changes to these Terms and Conditions constitutes
your acceptance of such changes. The SITE does not and will not
assume any obligation to provide you with notice of any change to
these Terms and Conditions. Unless accepted by SITE in writing,
these Terms and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private
expense and are “commercial computer software” or “restricted
computer software” within the meaning of the FARs, the DFARs,
and any other similar regulations relating to government acquisition
of computer software. Nothing contained herein will be deemed to:
(1) grant any government agency any license or other rights greater
than are mandated by statute or regulation for commercial computer
software developed entirely at private expense, or (2) restrict
any government rights in any extensions or custom solutions provided
hereunder and developed at government expense. You further agree
not to upload to our SITE any data or software that cannot be exported
without prior written government authorization, including, but not
limited to, certain types of encryption software. This assurance
and commitment shall survive termination of this Agreement.
L. Other Jurisdictions
SITE makes no representation that the SITE or any of the Materials
contained therein are appropriate or available for use in other
locations, and access to them from territories where their content
may be illegal or is otherwise prohibited. Those who choose to access
the SITE from such locations do on their own initiative and are
solely responsible for compliance with all applicable local laws.
COMPLAINTS – CALIFORNIA RESIDENTS The Complaint Assistance
Unit of the Division of Consumer Services of the Department of Consumer
Affairs may be contacted in writing at 19354 Londelius #2 Northridge,
CA 91324.
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