TERMS OF SERVICE
An adult entertainment website. It is important to us that you have the best possible experience while using the Website (including any mobile website or application), and that, when you use this Website, you understand your legal rights and obligations. This terms-of-use agreement between you and us explains your legal rights and obligations and governs your use of the Website and the services we offer to you through the Website. These terms apply to the entire contents of this Website and to any email correspondence between you and us. Please read these terms carefully before using the Website because they create a legally binding agreement between you and us. We ask that you pay special attention to the following provisions: (1) disclaimer of warranties (section 15); (2) limitation of liability and exclusion of damages (sections 16 and 17); (3) exclusive forum for resolving disputes (section 22.1); and (4) mandatory arbitration (section 23.4). Accessing this Website, including registering for an account, forms your acceptance of and agreement to these terms even if you do not read them. If you do not agree to these terms, you cannot access this Website. 1.1 This Website provides users with access to pornographic content, as well as the opportunity to submit their own content subject to these terms. You may view all of the content on this Website without registering. Certain features on this Website, however, such as submitting your own content, may only be available to registered users. Registration is free so please register to take full advantage of all the Website has to offer. To register for a free account, you must check the designated box to certify that you have read, understood, and agree to these terms.
1. INTRODUCTION
1.1 This Website provides users with access to
pornographic content, as well as the opportunity to submit their own content
subject to these terms. You may view all of the content on this Website without
registering. Certain features on this Website, however, such as submitting your
own content, may only be available to registered users. Registration is free so
please register to take full advantage of all the Website has to offer. To
register for a free account, you must check the designated box to certify that
you have read, understood, and agree to these terms.
1.2 These terms
apply to all users of the Website, whether you are a "visitor" or a "registered
user." By accessing any part of this Website, you accept these terms and the
privacy policy in full. If you do not want to accept these terms, please leave
this Website immediately. If you violate these terms, we may revoke your license
to access this Website and cancel any account related to you.
1.3 We may
change these terms on one or more occasions by updating this webpage. The top of
the terms will tell you when we last updated them. Changes take effect as of the
last updated date stated on this webpage, but will not operate retroactively. We
will try to notify you when we revise these terms if we can do so in a
commercially reasonable manner. But you should periodically check this webpage
to make sure that you are operating under the most current terms. We will
consider your continued use of the Website after we post the changes as your
acceptance of the changes. If you do not accept the changes, please stop
accessing the Website.
1.4 On one or more occasions, we may offer you
premium content subject to additional terms and a fee. You have no obligation to
purchase access to this premium content. If you choose to purchase access to it,
you will have an opportunity to review and accept any additional terms specific
to the premium content before you complete your purchase.
1.5 If you have
any questions about these terms, or any comments, complaints, or support related
issues, please use contact form on site and we will try to get back to
you by the end of the next business
day.
2. DESCRIPTION OF SERVICE; AGE OF MAJORITY; & AGE AND LEGAL CERTIFICATIONS
2.1 The Website offers content that is pornographic
in nature, which may contain graphic depictions, nudity, adult language, and
descriptions of explicit sexual activity, including heterosexual, bisexual,
homosexual, and transsexual situations of a sexual nature. This Website allows
for uploading, sharing, and general viewing of pornographic content, including
sexually explicit images and videos.
2.2 We do not intend anyone under
18-years old or the age of majority in their community to view this Website.
Only adults (1) who are at least 18-years old and (2) who have reached the age
of majority in their community may access this Website. If you are not the age
of majority in your jurisdiction, you must leave the Website
immediately.
2.3 Section 230(d) Notice: Under 47 U.S.C. ç 230(d), we
hereby notify you that parental control protections (such as computer hardware,
software, or filtering services) are commercially available that may assist in
limiting access to material that is harmful to minors. Information regarding
providers of these protections may be found on the Internet by searching
"parental control protection" or similar terms.
2.4 By accessing the
Website, you certify to us that:
2.4(A) You have reached the age of majority
where you live and that you have the legal capacity to agree to these
terms;
2.4(B) You are aware of the pornographic nature of the content
provided by the Website and that you are not offended by this content;
2.4(C)
You are familiar with your jurisdiction's laws affecting your right to access
pornographic materials;
2.4(D) You have the legal right to access
pornographic materials and we have the legal right to transmit them to
you;
2.4(E) You are voluntarily requesting pornographic materials for your
own private enjoyment; and
2.4(F) You will not share these materials with a
minor or otherwise make them available to a
minor.
3. NO CHILD PORNOGRAPHY
All persons who appear in any visual depiction of actual or simulated sexually explicit conduct found on the Website were 18-years old or older at the time of the creation of the depictions. The Website contains no child pornography. We take a strong and definite stand against child pornography and only publish visual media of consenting adults for consenting adults. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us at contact form on site. Please include with your report any appropriate evidence, including the date and time. We will immediately investigate all reports and take appropriate action. We fully 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.
4. OWNERSHIP OF CONTENT; LIMITED LICENSE
4.1 With the exception of user submissions, we own
or have the license to use all text, graphics, user interfaces, visual
interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, and
computer code, including the design, structure, selection, coordination,
expression, "look and feel," and the arrangement of this content, contained on
this Website. Trade dress, copyright, patent, and trademark laws, and various
other intellectual property rights and unfair competition laws protect the
Website and its content.
4.2 We hereby grant you a limited, nonexclusive,
nontransferable license to access the Website and its content according to these
terms. By "access," we mean visit the Website, use its services, and view or
download its content. You will comply with all applicable laws when accessing
the Website. You may only access the Website for your personal, noncommercial
use. You will not use any content that you access on the Website for further
distribution, performance, display, sale, or rental. Nor will you make any
content available on any peer-to-peer network, file sharing service, or other
system for sending information to others. We may change, limit, or revoke your
access if you fail to comply with these terms.
4.3 Your license to access
the Website does not transfer to you ownership of or title to a copy of any
content that you download or print, and we only authorize you to use your copy
according to these terms. If you download or print a copy of the content for
your personal use, you must retain all copyright and other proprietary notices
embedded in the
content.
5. REGISTRATION; PASSWORD PROTECTED AREAS
You may access most of the content on this Website
without registering. Certain features on this Website may only be available to
registered users, such as registered user favorite videos or pictures.
Registration is free and we encourage you to register to take full advantage of
all the Website has to offer. If you decide to register, it is a condition to
your registration and continued use of the Website that all of the details that
you provide to us be accurate, current, and complete. If we believe the details
that you provided are not accurate, current, or complete, we may refuse you
access to the Website, or any of its resources, and restrict, suspend, or
terminate your account. You may also request to remove your account by sending
us an email with request to contact form on site.
Access to and use of
password-protected areas of the Website is restricted to registered users only.
You state that you (1) will provide current, complete, and accurate
identification, contact, and other information about you as you may be prompted
by the Website; (2) are responsible to maintain, keep current, and update any
registration data and other information you provide to us; (3) are entirely
responsible for maintaining the security of your password, identification, and
account and for all activity that occurs under your account; and (4) will notify
us immediately of any unauthorized access or use of your account or password or
any other breach of security. You understand that any person with your password
will be able to access your account and any registration data. You accept sole
risk of unauthorized access to your account. We disclaim liability to you for
any loss you may incur because of someone else using your password or account
regardless of your knowledge. You may be held liable for losses incurred by us
or any other user or visitor to the Website because of someone else using your
password or account. You may not use anyone else's account at any time, without
the permission of the account
holder.
6. FEEDBACK
We encourage you to provide feedback about the Website. However, we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without compensation to you.
7. THIRD-PARTY LINKS
7.1 This Website may contain links to other
websites operated by other entities that are completely independent from us.
These linked websites are not under our control and we are not responsible for
their contents or links. Including a link on this Website does not imply our
endorsement of any linked website or its contents.
7.2 If you access any
of these linked websites, you will leave this Website. If you decide to visit
any linked website, you do so at your own risk and subject to any terms and
privacy policies posted on the linked websites. We encourage you to review the
terms and privacy policies posted on all linked websites. It is your
responsibility to take all protective measures to guard against viruses or other
destructive elements.
7.3 We disclaim any liability (direct or indirect)
to you for any loss caused by your use or reliance on the content, goods, or
services available on or through any linked website. You should contact the
website administrator or webmaster for those third-party websites if you have
any concerns regarding the links, content, or services on those
websites.
8. USER CONDUCT
8.1 You state that all information you provided to
us is accurate and current. You will promptly update this information when
necessary to ensure that it remains true. You acknowledge that you have the
capacity to consent to these terms and to perform the acts required of you under
these terms.
8.2 You acknowledge that you are responsible for your own
submissions and the consequences of uploading or otherwise making them available
on the Website. You are solely responsible for all acts and omissions that occur
because of your use of the Website.
8.3 As a condition of your use of the
Website:
8.3(A) You will comply with all applicable laws and regulations
of any applicable governmental body;
8.3(B) You will maintain the security of
your username and password and be fully responsible for all use of your
account;
8.3(C) You will not use the Website for any unlawful purpose or in
any way that is prohibited by these terms;
8.3(D) You will not use the
Website in any way that exposes us to criminal or civil liability;
8.3(E) You
will not use the Website for making, obtaining, or otherwise accessing illegal
copies of copyrighted content;
8.3(F) You will not use the Website to submit,
publish, display, disseminate, or otherwise communicate any defamatory,
libelous, inaccurate, abusive, harmful, threatening, obscene, offensive,
hateful, discriminatory, or illegal material to any other user of this
Website;
8.3(G) You will not use the Website to harass or otherwise invade
the privacy of another person (including the dissemination of personal
information);
8.3(H) You will not use the Website to promote the physical
harm or injury of any individual or group, or promote any act of cruelty to
animals;
8.3(I) You will not impersonate another person during your use of
the Website;
8.3(J) You will not use any automated means-including robots,
crawlers, or data mining tools-to download, monitor, or use data or content from
the Website;
8.3(K) You will not use the Website to collect usernames or
email addresses for sending unsolicited messages of any kind;
8.3(L) You will
not take any action that imposes, or may impose, an unreasonable or
disproportionately large load on our technology infrastructure or otherwise make
excessive demands on it;
8.3(M) You will not "stalk" or otherwise harass
anyone on the Website;
8.3(N) You will not forge headers or otherwise
manipulate identifiers in order to disguise the origin of any information you
transmit;
8.3(O) You will not disable, circumvent, or otherwise interfere
with security related features of the Website, features that prevent or restrict
use or copying of any content, or features that enforce limitations on the use
of the Website or the content on it, including any digital rights management
functionality;
8.3(P) You will not remove any proprietary notices or labels,
including copyright notices, on the content;
8.3(Q) You will not post, link
to, or otherwise make available on the Website any content that contains
software viruses or any computer code, file, or program designed to interrupt,
destroy, limit, or monitor the functionality of any computer software or
hardware or any telecommunications equipment;
8.3(R) You will not send,
create, or reply to so-called "mail bombs"-that is, emailing copies of a single
message to many users, or sending large or multiple files or messages to a
single users with malicious intent-or engage in "spamming"- that is, unsolicited
emailing for business or other purposes-or undertake any other activity that may
adversely affect the operation or enjoyment of this Website by another
person;
8.3(S) You will not reproduce, sell, resell, or otherwise
commercially exploit or make available the Website or its content to a third
party;
8.3(T) You will not "frame" or "mirror" the Website; and
8.3(U) You
will not reverse engineer any part of the Website.
9.4 We will take
appropriate action against you for any unauthorized use of the Website,
including civil, criminal, injunctive relief, and cancellation of your
registration or membership. An unauthorized use of the Website and our computer
systems violates these terms and certain international, foreign, and domestic
laws.
9. COMMUNITY FEATURES
9.1 This Website includes certain community
features. You will not post any comments that are infringing, defamatory,
libelous, obscene, lewd, excessively violent, harassing, an invasion of privacy,
unlawful, or otherwise just plain nasty. Please use your best judgment and
respect other individuals using the community features of this Website.
Remember, because of the anonymous nature of the Internet, participants may not
be who they say they are, know what they say they know, or be affiliated with
whom they say they are affiliated. You will not use vulgar, abusive, or hateful
language. If you violate this provision, we will block you from accessing this
Website and hold you responsible under these terms. Your use of the community
features of this Website is at your own risk and is subject to the disclaimers
and limitations stated in these terms.
9.2 You state to us that you will
not upload, post, or otherwise transmit any content or information
that:
9.2(A) Violates or infringes on the rights of any person, including
copyright, trademark, privacy, publicity, moral, contract, or other personal or
proprietary rights;
9.2(B) Plagiarizes any content owned by any
person;
9.2(C) Contains violent, obscene, defamatory, libelous, harassing,
threatening, or otherwise illegal content;
9.2(D) Contains bigoted, hateful,
or otherwise racially offensive material;
9.2(E) Otherwise harms or may be
reasonably expected to harm any person;
9.2(F) Contains commercial or
business-related advertisements or offers to sell any products, services, or
otherwise (whether for profit or not), or to solicit others (including
solicitations for contributions or donations);
9.2(G) Contains a virus or
other harmful component that tampers with, impairs, or damages the Website,
service, or any connected network, or otherwise interferes with any person's use
or enjoyment of the Website or service;
9.2(H) Contains materials irrelevant
to the designated topic or theme of the posting;
9.2(I) Discusses illegal
activity or posts links to other websites that deal with those activities;
or
9.2(J) Consists of antisocial, disruptive, or destructive behavior,
including "bombing," "flaming," "spamming," "flooding," "trolling," and
"griefing" as those terms are commonly understood and used on the
Internet.
9.3 We do not endorse the opinions expressed in any posting on
this Website. We do not and cannot review every posting by users made available
on this Website. Nor are we responsible for the content of any posting. We may
monitor and delete any information or postings we deem inconsistent with these
terms. If you are aware of any information posted that violates these terms,
please contact us at contact form on site. Please provide as much detail as
possible, including a copy of the objectionable information or the location
where we may find it, the reason we should remove it, and a statement certifying
the accuracy of the information you provided to
us.
10. PRIVACY POLICY; USAGE INFORMATION
10.1 This Website provides users with access to
pornographic content, as well as the opportunity to submit their own content
subject to these terms. You may view all of the content on this Website without
registering. Certain features on this Website, however, such as submitting your
own content, may only be available to registered users. Registration is free so
please register to take full advantage of all the Website has to offer. To
register for a free account, you must check the designated box to certify that
you have read, understood, and agree to these terms.
10.2 These terms
apply to all users of the Website, whether you are a "visitor" or a "registered
user." By accessing any part of this Website, you accept these terms and the
privacy policy in full. If you do not want to accept these terms, please leave
this Website immediately. If you violate these terms, we may revoke your license
to access this Website and cancel any account related to you.
10.3 We may
change these terms on one or more occasions by updating this webpage. The top of
the terms will tell you when we last updated them. Changes take effect as of the
last updated date stated on this webpage, but will not operate retroactively. We
will try to notify you when we revise these terms if we can do so in a
commercially reasonable manner. But you should periodically check this webpage
to make sure that you are operating under the most current terms. We will
consider your continued use of the Website after we post the changes as your
acceptance of the changes. If you do not accept the changes, please stop
accessing the Website.
10.4 On one or more occasions, we may offer you
premium content subject to additional terms and a fee. You have no obligation to
purchase access to this premium content. If you choose to purchase access to it,
you will have an opportunity to review and accept any additional terms specific
to the premium content before you complete your purchase. 1.5 If you have any
questions about these terms, or any comments, complaints, or support related
issues, please email us at contact form on site and we will try to get back to
you by the end of the next business
day.
11. WEBSITE AVAILABILITY AND ACCESS
11.1 While we will try our best to make sure that
this Website is always available, we do not guarantee continuous, uninterrupted,
or secure access to the Website. Numerous factors or circumstances outside of
our control may interfere with or adversely affect our operation of the
Website.
11.2 We may suspend access to this Website temporarily and
without notice for system failure, maintenance or repair, or reasons beyond our
control.
11.3 We may suspend, terminate, or block your access to this
Website if we believe that you have violated these terms.
11.4 We may
modify or discontinue this Website without notice to you. We have no liability
to you or any other person if we modify or discontinue this
Website.
12. NO FEES; RESERVATION OF RIGHT TO CHARGE FEES
We do not charge any fees for access to this Website and the Website is free to all users, registered or not. However, we reserve the right to charge for the Website in the future and to change our fees on one or more occasions.
13. WARRANTY DISCLAIMERS
13.1 We provide you access to this
Website-including any mobile or application variations- and its content "as is,"
"with all faults," and "as available." You assume the entire risk for
satisfactory quality, performance, accuracy, and effort. We make no warranty
that the Website or any content will meet your needs or requirements. We
disclaim all warranties -express, statutory, or implied-including warranties of
merchantability, fitness for a particular purpose, workmanlike effort, accuracy,
completeness, reliability, security, title, exclusivity, quiet enjoyment, and
noninfringement. We further disclaim all warranties that your access to the
Website will be uninterrupted, error-free, or that content loss will not occur.
There are no warranties of any kind that extend beyond the face of these terms
or that arise because of course of performance, course of dealing, or usage of
trade.
13.2 We do not warrant, endorse, guarantee, or assume
responsibility for any product or service advertised or offered by another
person through the Website or any linked website, or featured in any banner or
other advertising. We will not be a party to or be in any way responsible for
monitoring any transaction between you and other providers of products or
services. As with the purchase of a product or service through any medium or in
any environment, you should use your best judgment and exercise caution where
appropriate.
13.3 You acknowledge that your use of this Website is at
your sole risk and you alone will be responsible for any loss or damage that you
may suffer from any content located on the Website. You assume all risk and
responsibility for any loss or damages to your computer system, data, and
business from your use of the Website.
13.4 The Website may contain
errors, omissions, inaccuracies, or outdated information. We do not warrant the
reliability of any statement or other information displayed or distributed
through the Website. We may correct any errors or omissions in any portion of
the Website. If you believe you have found errors or omissions on the Website,
you may bring them to our attention by contacting us at
contact form on site.
14. RELEASE AND DISCLAIMER OF LIABILITY
14.1 You acknowledge that we will not be liable to
you for user submissions or the defamatory, libelous, offensive, or illegal
conduct of any person. You understand that the risk of harm or damage from this
rests entirely with you and you expressly release us from any liability arising
out of user submissions or the conduct of any person.
14.2 You expressly
release us from all claims, demands, and damages (actual and consequential), of
every kind and nature, known or unknown, disclosed or undisclosed, arising out
of your use of the Website, including disputes with one or more other users or
other persons.
14.3 We expressly disclaim any liability or responsibility
to you for any of the following:
14.3(A) Errors, mistakes, or
inaccuracies of content;
14.3(B) Personal injury or property damage of any
nature resulting from your access to and use of the Website;
14.3(C) Any
information, comments, or material you receive that is infringing, inaccurate,
obscene, indecent, threatening, offensive, defamatory, libelous, invasive of
privacy, or illegal;
14.3(D) Any unauthorized access to or use of our secure
servers and any personal or financial information stored in them;
14.3(E) Any
interruption or cessation of transmission to or from the Website;
14.3(F) Any
bugs, viruses, Trojan horses, or the like that may be transmitted to or through
the Website by any person; or
14.3(G) Any loss or damage of any kind incurred
because of the use of any content posted, emailed, transmitted, or otherwise
made available through the
Website.
15. EXCLUSION OF DAMAGES
15.1 Unless caused by our gross negligence or
willful and wanton misconduct, we will have no liability to you for any loss or
expense of any kind arising from or relating to your possession or use of the
content on this Website, regardless whether liability is based in tort,
contract, or otherwise. You access content from this Website at your own
risk.
15.2 Unless caused by the other party's gross negligence or willful
and wanton misconduct, neither party will be liable to the other party for any
special, indirect, incidental, consequential, exemplary, or punitive damages
arising out of these terms or the Website.
15.3 The exclusions in this
section apply regardless of the theory of liability asserted and even if the
other party knew or should have known about the possibility of the
damages.
16. SCOPE OF DISCLAIMERS
The disclaimers, exclusions, and limitations contained in sections 13, 14, and 15 apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you.
17. LOSS PAYMENT (ALSO KNOWN AS INDEMNIFICATION)
17.1 In General. You must pay us for any loss of
ours that you caused by your negligence, intentional misconduct, or violation of
these terms. But you need not pay us for a loss caused by our gross negligence
or intentional misconduct.
17.2 Definitions
17.2(A) Loss means an
amount that we are legally responsible for or pay in any form. Amounts include,
for example, a judgment, a settlement, a fine, damages, injunctive relief, staff
compensation, a decrease in property value, and expenses for defending against a
claim for a loss (including fees for legal counsel, expert witnesses, and other
advisers). A loss can be tangible or intangible; can arise from bodily injury,
property damage, or other causes; can be based on tort, breach of contract, or
any other theory or recovery; and includes incidental, direct, and consequential
damages.
17.2(B) A loss is caused by an event if the loss would not have
occurred without the event, even if the event is not a proximate cause of the
loss.
17.3 Legal Defense of a Claim. We have control over defending a
claim for a loss (including settling it), unless we direct you to control the
defense. You and we must cooperate with each other in good faith on a
claim.
17.4 No Exclusivity. Our rights under this section do not affect
other rights we might
have.
18. LIMITED TIME TO BRING CLAIMS
A party to these terms must bring any claim that party may have against the other party that arises out of these terms or the Website within 1 year after the claim arises. If a party fails to bring any claim that party may have against the other party within this 1-year period, the claim is permanently barred.
19. COMPLIANCE WITH LAWS
We make no representation to you that the content and materials are appropriate or available for use outside of Gibraltar country. You assume all knowledge of applicable law and are responsible for compliance with these laws. You will not access the Website if prohibited in your jurisdiction or use the Website in any way that violates applicable governing laws, regulations, or other government requirements. You will not transmit any content that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable governing law or regulation.
20. PLACE FOR RESOLVING DISPUTES
20.1 Except for disputes subject to arbitration,
all disputes arising under these terms or regarding your access to the Website
will be subject to the exclusive jurisdiction and venue of the courts in
Gibraltar. You agree to submit to the personal jurisdiction of the courts in
Gibraltar to resolve all disputes not subject to arbitration. You waive any
right to seek another forum or venue because of improper or inconvenient
forum.
20.2 This Website will be deemed solely based in Gibraltar and
will be deemed a passive website that does not give rise to personal
jurisdiction over us, either specific or general, in any other
jurisdiction.
21. DISPUTE RESOLUTION; EXCEPTION FOR SMALL CLAIMS
21.1 In General. Each party will allow the other
reasonable opportunity to comply before it claims that the other has not met the
obligations under these terms. The parties will first meet and negotiate with
each other in good faith to attempt to resolve all disputes between the parties
relating to these terms.
21.2 Litigation Election. Either party may elect
to litigate the following type of case or controversy:
(1) an action
seeking equitable relief, or
(2) a suit to compel compliance with this
dispute resolution provision.
21.3 Mediation. If the parties cannot
settle a dispute through negotiation within a period of 30 days, then either
party may, by notice to the other party and the International Centre for Dispute
Resolution, demand mediation under the Mediation Rules of the International
Centre for Dispute Resolution. The parties will conduct the mediation in country
of Gibraltar. Each party will bear its own costs in mediation and the parties
will share equally between them all third-party mediation costs unless the
parties agree otherwise in writing.
21.4 Arbitration. If the parties fail
to settle within 30 days after service of a written demand for mediation, the
parties will settle any unresolved dispute arising out of these terms by
arbitration administered under the then current rules of the Commercial Code of
Gibraltar. This is the exclusive remedy and forum for resolving disputes. Unless
the parties agree in writing on another venue, any arbitration conducted under
these terms will take place in country of Gibraltar before a single arbitrator.
The arbitrator will conduct the arbitration and related proceedings in English.
The arbitrator will make a determination and issue an award within 30-days of
the close of the evidence in the arbitration proceeding. The parties (1) waive
the right to a jury trial, (2) agree that the arbitration award will be final
and binding, and (3) agree that any court of competent jurisdiction may enter
judgment on the award. However, the parties agree that any party may seek
immediate judicial intervention to obtain injunctive relief. In addition, any
party may bring an action in a court of competent jurisdiction to enforce (1)
this provision, and (2) any arbitration award issued under these terms. The
parties agree that any court action brought consistent with this provision is
not a waiver of the arbitration requirement.
21.5 Exception for Small
Claims. As an alternative to arbitration, you may pursue your claim in a small
claims court in your jurisdiction of residence, if the claim meets all of the
requirements for the small claims court. If you elect to file a small claims
action, the matters raised in the small claims action will not be subject to
arbitration.
22. CLASS ACTION WAIVER
The parties will conduct any proceedings to resolve or litigate any dispute in any forum solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
23. RIGHTS TO INJUNCTIVE RELIEF
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates these terms, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
24. GENERAL PROVISIONS
24.1 Entire Agreement. These terms, together with
the privacy policy, and any other legal notice published by us on the Website,
form the entire agreement between you and us concerning your access to the
Website. It supersedes all prior terms between you and us regarding access to
the Website. A printed version of these terms will be admissible in any
proceedings based on or relating to these terms to the same extent and subject
to the same conditions as other business documents and records originally
generated and maintained in printed form.
24.2 Copy of these Terms. You
may-and we recommend that you-print these terms on your printer or save them to
your computer. If you are having trouble printing a copy, please contact us at
contact form on site and we will email you a copy.
24.3 Modifications. We
may change these terms if we believe necessary to operate the Website. Changes
will not apply to ongoing disputes or to disputes arising out of events
occurring before the posted changes. We will try to post changes on the Website
at least 15 days before they become effective. Changes will become effective on
the last updated date noted at the top of the revised terms. It is your
responsibility periodically to check the Website to review the most current
terms. While we will try to notify of any changes to these terms, we do not
assume an obligation to do so. By continuing to use the Website after we post
changes to these terms, the revised terms will bind you even if you have not
actually read them. If you do not agree to the changes, your exclusive remedy is
to stop accessing the Website. If you need more information about the changes or
have any other questions or comments about the changes, please contact us at
contact form on site.
24.4 Assignment and Delegation. We may assign any
rights and delegate any performance under these terms to an affiliate or third
party without notice to you. You will not assign your rights or delegate your
performance under these terms without our advanced written consent. Any
attempted assignment or delegation in violation of this provision will be
void.
24.5 Waiver. If we do not enforce any right or provision of these
terms, that failure does not waive our right to do so in the future.
24.6
Severability. If any provision of these terms is for any reason held
unenforceable, that provision will be modified to the extent necessary to make
it enforceable without losing its intent. If no modification is possible, that
provision will be severed from the rest of these terms.
24.7 Cumulative
Remedies. All rights and remedies provided in these terms are cumulative and not
exclusive, and the assertion by a party of any right or remedy will not preclude
the assertion by the party of any other rights or the seeking of any other
remedies available at law, in equity, by statute, in any other agreement between
the parties, or otherwise.
24.8 Successors and Assigns. These terms inure
to the benefit of, and are binding on, the parties and their respective
successors and assigns. This section does not address, directly or indirectly,
whether a party may assign rights or delegate performance under these
terms.
24.9 Force Majeure. We are not responsible for as long as any
failure to perform because of unforeseen circumstances or causes beyond our
reasonable control continues to delay our performance, including:
24.9(A)
Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or
other natural disasters;
27.9(B) War, riot, arson, embargoes, acts of civil
or military authority, or terrorism;
27.9(C) Fiber cuts;
27.9(D) Strikes,
or shortages in transportation, facilities, fuel, energy, labor, or
materials;
27.9(E) Failure of the telecommunications or information services
infrastructure; and
27.9(F) Hacking, SPAM, or any failure of a computer,
server, network, or software.
24.10 Expenses and Costs of Enforcement. If
a court or tribunal of competent jurisdiction determines that a party violated
these terms, the breaching party must reimburse the nonbreaching party for all
actual costs and legal fees incurred in enforcing these terms.
27.11
Notices.
27.11(A)Sending Notice to Us. You may send notice to us by
email, by calling our customer service department, or by writing to us at the
locations shown on the Website. We will consider an electronic notice received
by us only when our server sends a return message to you acknowledging receipt.
We may change our contact information by posting the change on the Website.
Please check the customer support area of the Website for the most current
information for sending notice to us.
27.11(B)Sending Notice to
You-Electronic Notice. You consent to receiving any notice from us in electronic
form either: (1) by sending email to the email address you specified when you
signed up; or (2) by posting the notice on a location on the Website designated
for this purpose. We will deem notices sent to you by email received when our
email service indicates transmission to your email address. You confirm that the
email address you specified when you signed up is a current and valid email
address for receiving notice, and that your computer has hardware and software
configured to send and receive email through the Internet and to print any email
message you receive. You may change this consent and request paper notice by
normal postal delivery, but if you do, we may cancel your membership because of
the increased costs. If we do agree to send postal notice, we may collect the
reasonable cost and postage for sending postal notice.
24.12
Authorization and Permission to Send Emails to You. If you have provided us with
your email address, you authorize us to email you notices, advertisements, and
other communications to you, including emails, advertisements, notices, and
other communications containing adult oriented material, sexual content and
language, and images of nudity not suitable for minors. This authorization will
continue until you request us to remove you from our email list.
24.13
Electronic Communications Not Private. We do not provide facilities for sending
or receiving confidential electronic communications. You should consider all
messages transmitted to us or from us as open communications readily accessible
to the public. You should not use the Website to send or receive messages you
only intend the sender and designated recipients to read. Users or operators of
the Website may read all messages you send to the Website regardless if they are
intended recipients.
24.14 Electronic Signatures. You agree to be bound
by any affirmation, assent, or agreement you transmit through this Website. You
agree that when in the future you click on an "I agree," "I consent," or other
similarly worded "button" or entry field with your mouse, keystroke, or other
computer device, your agreement or consent will be legally binding and
enforceable and the legal equivalent of your handwritten
signature.
25. USAGES
In these terms, the following usages
apply:
25.1 Actions permitted under these terms may be taken at any time
and from time to time in the actor's sole discretion.
25.2 References to
a statute will refer to the statute and any successor statute, and to all
regulations promulgated under or implementing the statute or successor, as in
effect at the relevant time.
25.3 References to numbered sections in
these terms also refer to all included sections. For example, references to
section 6 also refer to sections 6.1, 6.1(A), etc.
25.4 In computing
periods from a specified date to a later specified date, the words "from" and
"commencing on" (and the like) mean "from and including," and the words "to,"
"until," and "ending on" (and the like) mean "to but excluding."
25.5
References to a governmental or quasi-governmental agency, authority, or
instrumentality will also refer to a regulatory body that succeeds to the
functions of the agency, authority, or instrumentality.
25.6 "A or B"
means "A or B or both." "A, B, or C" means "one or more of A, B, and C." The
same construction applies to longer strings.
25.7 "Including" means
"including, but not limited
to."