Terms & Conditions for Member Account Users
- Websites Covered in This Agreement:
- Includes all subdomains and subdirectories of domains listed above.
Effective Date: June 8, 2011
Last Modified: August 5, 2015
1. PRELIMINARY PROVISIONS:
1.1. The provisions of this Terms and Conditions Agreement (hereinafter “Terms and Conditions” or “Agreement”) will govern your use of Our Website(s) (hereinafter “Website,” “Us” or “The Company”). This Agreement is specifically between the Website and Member Account users (hereinafter “You,” “Your” or “Account Users” or “Consumers”) who may create a basic account on our Website for free or for the purpose of purchasing products through our authorized Video Store Owner / Model Content Providers (hereinafter “Video Store Owner / Models” or “Content Providers”). You are bound by the legal conditions set forth in this document when you use our Website. Please read this document carefully.
1.2. This Agreement governs the terms related to your use of our Website and related Content Providers which are created on our domains as sub-sites. We hope that you enjoy our services, and we anticipate that you will find our Website fun and exciting. Should you have any questions or comments regarding our Website or our policies, please feel free to contact us at: email@example.com. We require that you agree to ALL of the conditions in this Agreement. If you do not agree to all provisions within this Agreement, then you must leave our Website immediately.
1.3. Our Website is for adult entertainment purposes only. All Users wishing to access the Website must be over the age of 18. If you are under the age of 18, you may not use our website under any circumstances, and you must leave immediately. Misrepresenting your age to access our use our services is illegal and punishable by law.
1.4. If you do not understand all of the terms in this Agreement, then consult with an attorney before using the Website.
1.5. Consideration - Consideration for your knowing acquiescence to all of the provisions in this Agreement has been provided to you in the form of allowing you to use our Website. You agree that such Consideration is both adequate, and that it is received upon your viewing, accessing or downloading any files or portions of the Website.
1.6. Revisions to this Agreement:
1.68.1 We reserve the right to revise this Agreement at any time, and you specifically agree that we have this unilateral right. You agree that all modifications or changes to this Agreement are in force immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and prior versions have no continuing legal effect unless documented and accessible by you via the Website. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the extent of the law.
1.6.2 If we change anything in this Agreement, we will modify the “Last Modified Date” at the top of this Agreement. You agree to periodically revisit this Agreement, and to use the “Refresh” button on your browser upon each visit. We encourage you to track this Agreement and any changes. Upon each visit, you agree to note the date of the last revision to this Agreement. If the “Last Modified Date” has changed, it should be clear that the Agreement has been modified, and you agree to fully review the Agreement in its entirety. Your continued use of the Website shall be deemed as your acceptance of the entire Agreement each time you visit the Website.
1.6.3. Waiver - if you fail to review this Agreement as required to determine if any of the terms have changed, then you assume all responsibility for such omissions and you agree that such failure amounts to your affirmative waiver of your right to review the amended Agreement. We are not responsible should you neglect your legal rights as they pertain to the Website and this Agreement.
2. ACCEPTANCE AND AFFIRMATION:
2.1. You must agree to all of the terms in this Agreement before using our Website. If you do not agree to all of the terms in this Agreement, then you are not an unauthorized user of the Website, despite any purchases you make at the Website. No act or omission by the Website should be interpreted as a waiver of the requirement that You consent to this Agreement in its entirety. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Website or using any portion of the Website. However, if you do not agree to the terms in this Agreement, you stipulate to and agree to pay the Website two hundred dollars ($200 USD) each time you access the Website as liquidated damages for unauthorized access and use, and you agree to pay all of costs and expenses incurred by the Website, including Attorneys’ fees and costs, accrued while collecting this unauthorized access fee from you.
2.2. How you demonstrate your affirmative acceptance of all of the terms in this Agreement:
2.2.1. Your intentional act of entering the site is represented by you clicking a button containing the words “ENTER” or “I AGREE TO THE TERMS AND CONDITIONS” or similar wording. All purchases made through the Website require your full consent to the Terms and Conditions set forth in this document. By clicking such buttons, you are providing your digital signature, and in fact, the action of clicking such buttons has the same legal effect as you placing your physical signature on any other legal contract; or
2.2.2. If you click any link, button, or other device, provided to you in any part of the Website’s interface, then you have legally agreed to all of this Agreement; or
2.2.3. By using any Website service, including viewing or downloading content provided on the Website, you understand and agree that We will consider such use as your confirmation of your complete and unconditional acceptance to all of the terms and conditions in this Agreement.
2.3. If you are seeking information regarding any activities considered illegal at your location (state, province, or country., etc.), please leave the Website immediately and do not attempt to view or use any portion of the Website. You acknowledge that you are aware of the laws and standards at your location, and you agree to only access the content on the Website and/or use the Services if you believe that the content on the Webite does not offend the legal standards at your location.
2.4. You agree not to use or access the Website Services if doing so would violate the laws of your state, province, or country.
3. ACCESS AND USER STATUS
3.1. Access and limited license - Upon agreement to these Terms and Conditions, all Users may access certain public areas of the Website. You agree and understand that we provide only the Website and content/services at the Website. It is your sole responsibility to provide your own computer/smartphone, browser and internet access in order to visit and use our website. Any fees that you incur in order to access the Website are your sole responsibility. We will not provide any hardware nor software to you; you must purchase or license the necessary hardware and software to access the Website. This Agreement covers all public and non-public areas of the Website.
3.2.1 You agree that neither the Website nor any third-party acting on the Website’s behalf shall be liable to you for any termination of your Membership or access to the Website or services. You agree that if your account is terminated by The Company, you will not attempt to re-register as a Member using the same or different username, without prior written consent from The Company. Active Users may not knowingly allow former Users who have been terminated to use the active User’s account(s).
3.2.2. Refunds: Because all content at the Website is digital and can be easily (and unlawfully) transferred, all purchases are non-refundable. In the event that a refund is made, a processing fee of no more than ten dollars, $10 may be imposed on the User due to costs levied to The Company by the banking or credit card company. You are responsible for all purchases. Prior to submitting your order for payment, please take extra care to ensure that you do not order the same video more than once. In the event that a video file is corrupted, as determined by The Company, and in the event that the full video does not play properly in the User’s account, the related Video Store Owner / Model may upload a replacement video. All corrupted video files must be reported by the User (buyer) within five (5) days. If an uncorrupted copy of the video file cannot be submitted to the User, the Website may issue a credit or refund, at The Company’s discretion.
3.2.3. Terminating Your Account: Either User or The Company may terminate your Website account at any time, with or without cause. Your only right with respect to any dissatisfaction with any (i) term within this Agreement or policy or practice used by The Company in operating the Website, (ii) content available through the Site, or (iii) amount or type of fees or billing methods, or change therein, is to terminate your User account by closing your account with the Website, or by notifying The Company of your desire to terminate by emailing firstname.lastname@example.org. Your notice of termination will be effective upon receipt by The Company, or upon receipt of confirmation if confirmation is requested. Any fees due to You at the time of termination will be held for a period of up to ninety (90) days. In the event your account is terminated for violating any provision of this Agreement, or for violating the Website rules, polices or restrictions, any funds owed to you will be forfeited to The Company.
3.3.1 Customers: You are responsible for providing all equipment, the computer software and internet service necessary to access the Website. We reserve the right to modify the services and the Website’s design at any time, with or without prior notice. In connection with completing the purchase of any content provided by our Video Store Owner / Models, you agree to provide true, accurate, current and complete information about yourself as required at the time of purchase (herein "Purchase Data"); and
3.3.2. You must promptly inform The Company of all changes, including, but not limited to, changes in your personal information such as your name, address, email address, phone number and credit card information used in connection with automatic renewal of services, if applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, or if The Company or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website and related product, as well as bringing criminal and civil liability charges against you. You are responsible for any credit card charge backs, dishonored checks and any related fees the Website incurs with respect to your account. If You fail to reimburse The Company for any credit card chargebacks, dishonored checks, or related fees within thirty (30) days of The Company’s initial demand for reimbursement, you agree that you will pay The Company two hundred dollars ($200) in additional liquidated damages for each fee incurred.
3.3.3. Please report any billing errors to email@example.com. Resolution of billing errors by Cam Media LTD will be handled immediately. Any fraud or abuse by you in disputing your transaction with the issuing bank will result in immediate disqualification from future sales and you will be banned from ordering from the Website and all websites within our network in the future. We take fraud very seriously and will actively report cases of fraud to the local authorities for further prosecution.
3.3.4. Further, You agree that neither The Company nor any third-party acting on the Company’s behalf shall be liable to you for your disqualification from future sales or access to the Website. You agree that if you are disqualified by The Company, you will not attempt to purchase from The Website at all without prior written consent from The Company.
3.3.5. All copyrights remain with the Content Provider. Videos purchased from this Website may not be resold, shared or traded without the express written consent of the copyright holder.
After purchase, videos are placed into the User’s account for a minimum of ninety (90) days. Users may watch purchased videos while logged into their Website account for a minimum of ninety days. The Website reserves the right to remove videos after ninety days, or, alternatively, leave purchased videos in User accounts indefinitely, at the sole discretion of the Website. Video file format information is provided for each video at the time of purchase. Users will not be provided with refunds for video purchases because they do not possess the needed software to view downloadable purchases. The Company encourages all Users to make sure you have the needed software prior to purchase.
In the event that a video file is corrupted, as determined by The Company, and in the event that the full video does not play properly in the User’s account, the related Video Store Owner / Model may upload a replacement video. All corrupted video files must be reported by the User (buyer) within five (5) days. If an uncorrupted copy of the video file cannot be submitted to the User, the Website may issue a credit or refund, at The Company’s discretion.
3.3.6. In order to maintain the integrity of the Site and Services, or to investigate complaints, You agree to allow Us to access information You have submitted or created for as long as reasonably required to investigate the complaint or protect the Services. You also agree to allow Us to access Your information to enforce this Agreement, its intellectual property policy, to comply with the law and legal process, to operate its systems properly, to protect itself, its members, or users.
4. SPECIAL CONSIDERATIONS REGARDING MINORS:
4.1.1. Age of Majority. In order to use the Website or any services provided by The Company and its Video Store Owner / Models, you must be at or above the age of majority in your jurisdiction. You represent and warrant that you are at least eighteen (18) or twenty-one (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. The Company may, at The Company’s sole discretion, may require any and all Users to provide proof that you have attained the age of majority in your jurisdiction prior to or upon using the Website.
4.1.2. The Company specifically disclaims any responsibility or liability for any misrepresentations regarding a User’s age, and may, at The Company’s sole discretion, monitor any area of the Website or any other records pertaining to the Website for compliance with this Agreement or for any other reason.
4.1.3. You represent and warrant that You will not allow any minor to access this Website. Users are encouraged to implement parental control protections, such as computer hardware, software, or filtering services, to limit minors’ access to inappropriate or harmful material intended only for consenting adults. You acknowledge that if your computer can be accessed by a minor, that you will take all precautions to keep the Website and all related materials and downloads from being accessed by minors. You additionally acknowledge that if you are a parent or legal guardian of a minor child, it is your sole responsibility, and not The Company’s, to keep all Website and related content from being viewed by any minors in your household or who may have access to your computer.
4.2.1. WE DO NOT PERMIT ANY MATERIAL INVOLVING MINORS TO BE POSTED ON THE COMPANY WEBSITE. WE DO NOT PERMIT ANY TYPE OF PEDOPHILIC ACTIVITY, INCLUDING REQUESTS FOR BROADCASTS AND VIDEOS THAT APPEAR TO HAVE UNDERAGE PERFORMERS (SIMULATED CHILD PORNOGRAPHY), EVEN IF THE PERFORMERS ARE OF THE AGE OF MAJORITY. WE ALSO DO NOT PERMIT “VIRTUAL CHILD PORNOGRAPHY.”
4.2.2. All performers on the Website have been carefully screened and are verified to be over the age of eighteen (18) at or before the date of the production. We take great measures to ensure that no underage performers appear on any area of the Website, including any Video Store Owner / Models.
4.2.3. It is a violation of our policies for any User to seek any form of pornographic material from the Website involving minors, including “virtual” child pornography. The Website neither provides nor tolerates Users who seek - or Video Store Owner / Models who provide - pornographic material that includes any minor child. Content or communications seeking to solicit, lure or entice minors into sexual activity or lewd behavior is also strictly prohibited, and will be treated the same as child pornography. If the Company has knowledge of or suspects any breach of the Company policies involving minors, the Company will notify and cooperate with law enforcement authorities to help prosecute offenders. We maintain all logs, which can and will be used as evidence in a court of law, as part of our effort to ensure that children are not harmed and that offenders get the biggest, stiffest sentences possibly under the law.
4.2.4. The Company requires all users to report to any videos or images that appear to include minor children. Reports must be submitted through the User account Contact form, or sent directly to firstname.lastname@example.org. The Company treats issues involving minor children as a top priority and will be immediately investigated so that appropriate action can be taken. Include a link (URL) to the video or image in your communication, and any other information or evidence that will assist the Company in the investigation and taking appropriate and immediate action.
4.2.5. If You suspect other outside websites are participating in unlawful activities involving minors, please report them to http://www.asacp.org.
5. IMAGES AND CONTENT:
5.1. The Website contains images and content, including but not limited to videos, text, images, graphics, data, messages, and other information (collectively, the “Content”).- most of which is provided by third parties - Video Store Owner / Models.
5.2. You acknowledge and stipulate that all of the Content is expressive material which is fully protected by the First Amendment to the United States Constitution. If you are offended by any Content on the Site, you agree to immediately exit the Website.
5.3. You acknowledge and understand that some Content contains graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities. You acknowledge that you are aware of the nature of the Content provided on the Website and that you are not offended by such Content. You agree that you are accessing this Website specifically because you enjoy and desire to view such expressive content. You stipulate and agree that you access the Website freely and voluntarily for your own personal enjoyment.
5.4. You agree not to use or access the Website if doing so would violate the laws of Your state, province, or country.
5.5. Content - The Website permits the hosting, submission, publishing and transmission of sexually explicit Content generated by Video Store Owner / Models, who are third-party Content Providers. Users agree that whether or not such Content is published, the Website does not guarantee any confidentiality with respect to any submissions.
6. RESTRICTIONS ON USE OF WEBSITE:
6.1. You agree that You will only use the Website for purposes expressly permitted and contemplated by this Agreement. You may not use the Website for any other purposes without The Company’s express prior written consent.
6.2.1 Users may not:
6.2.2. Duplicate, translate, reverse-engineer, decompile, disassemble any part of the Website or the Materials contained therein (except as expressly provided elsewhere in this Agreement);
6.2.3. Redistribute or create any derivative works based on the Website or any of the Materials contained therein. You agree that any such use is NOT “fair use;”
6.2.4. Use the Website or any of the Materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use;”
6.2.5. Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
6.2.6. Circumvent any encryption or other security tools used anywhere on the Website (including the theft of user names and passwords or using another User’s account and password in order to gain access to a restricted area of the Website, unless otherwise authorized by this Agreement); or use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it.
7. DISCLAIMER OF WARRANTY
7.1. You expressly agree that use of the Website, or any of the Content contained therein is at Your own and sole risk. You also understand and agree that any content viewed or downloaded, or otherwise obtained or transmitted through the Website or any of the Content 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 or transmission of such content.
7.2. The Website, and all Content 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.
7.3. The Company makes no representations or warranties that the Website or any Content contained therein, will be uninterrupted, timely, secure, or error free; nor does the Company make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Website or any of the Content contained therein.
7.4. The Company makes no guarantee that Content viewed or purchased by you will be successfully delivered to the Users whether or not such failure is due to circumstances within The Company’s control or due to unauthorized access to alteration of any transmission involving Content you purchase.
7.5. You understand that The Company 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 destruction of properties. The Company does not assume any responsibility or risk for your use of the Internet.
7.6. The Company makes no warranty regarding any goods or services purchased or obtained through the Website and/or Services or any transaction entered into through the Website and/or Services, and The Company is not responsible for any use of confidential or private information shared by sellers or third parties in their Video Store Owner / Model or in the Content that they provide.
7.7. 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.
8. DISCLAIMER AND INDEMNIFICATION:
8.1. If The Company determines that any User has used Our Services in violation of any law, those Users’ ability to use the Website may be terminated immediately and The Company has every right to voluntarily cooperate with law enforcement or private aggrieved parties that The Company may be legally bound. The Company hereby disclaims any liability for damages that may arise from any User providing any products or services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold The Company harmless from any liability that may arise for Us should You violate any law.
8.2. You also agree to defend and indemnify The Company should any third party be harmed by Your actions or should The Company be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party.
8.3. The Website contains content that may be considered offensive to third parties. You agree to indemnify and hold The Company harmless from any liability that may arise from someone viewing such material, and You agree to cease viewing the Website should you find it offensive.
8.4. You agree to defend, indemnify, and hold harmless the Website, its corporation, 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 Website or any of the Content contained therein, or your breach of any part of this Agreement. The Company 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 Our own expense, and choose Our own legal counsel; however, We are not obligated to do so.
8.5.1. The Site and Services are for Amusement Purposes
8.5.2. You understand and accept that the Website and its products and services are to be used for entertainment and recreational purposes.
8.5.3. You hereby release The Company and all other Users from any liability for invasion of privacy, defamation, false light, and related torts, in the event that Content is made public for any reason.
8.6. The Company verifies the age of some performers depicted in videos and images on the Website. However, The Company does not pre-approve Users who access the Website and services, and does not necessarily pre-approve the Content supplied by Video Store Owner / Model Members. All Content Providers agree to have name and age verification documents on file at the location of their choice, to be provided to law enforcement upon request.
8.7.1. Users hereby discharge, acquit, and otherwise specifically release The Company, as well as the Company’s agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of, the Company including, but not limited to claims relating to the following:
8.7.2. Sexual Harassment, Negligence, Gross Negligence, Reckless Conduct, Alienation of Affections (to the extent recognized in any jurisdiction), Intentional Infliction of Emotional Distress, Intentional Interference with Contract or Advantageous Business Relationship, Defamation, Violation of Publicity or Privacy Rights, False Light Claims, Intellectual Property, Misrepresentation or any claim based on vicarious liability for Torts or other wrongful acts committed by individuals met on or through the Website and any related services, including but not limited to fraud, financial crimes, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.
8.7.3. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by Users. This release is intended by the parties to be interpreted broadly in favor of The Company, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith. Nothing contained in this section is intended to limit the scope of releases and / or indemnification contained elsewhere in this Agreement.
9. INTELLECTUAL PROPERTY INFORMATION:
9.1. The above referenced website names constitute service mark(s) and/or trademark(s). Any word, slogan or brand appearing on the Website with a TM designation qualifies as the Company’s trademark or service mark.
9.2. Other companies’ product and service names referenced on the Website 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.
9.3. COPYRIGHT - This Website belongs to The Company, which either owns or has rights to display all of the Content thereupon. You may not use any of the Content without express written consent from The Company or rightful owner.
9.4. The Company aggressively enforces its intellectual property rights. Any infringement will be prosecuted to the fullest extent of the law.
10. LIMITATION OF LIABILITY:
10.1. In no event shall The Company (or Our 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 interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Website, Services or any of the Content, including User Generated Content, contained therein, even if the Company have 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 We have been advised of the possibility of such damages.
10.2. In no event shall the Company’s maximum total aggregate liability hereunder for direct damages exceed ten dollars ($10.00.) Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to all Users.
11. DEFAMATION & INVASIVE CONTENT POLICY:
11.1. The Company provides an interactive computer service, and thus has no liability for third-party content due to Section 230 of the CDA. Nevertheless, the Company recognizes that despite this protection, there may occasionally be content posted by Video Store Owner / Models which is unappreciated by the subject of the Video Store Owner / Model posted content. It is not the intention of the Company to cause anguish to any person nor harm to any entity, nor to allow through inaction such harm to occur. Accordingly, it is the Company’s policy to respond respectfully to any complaints about Video Store Owner / Model posted content, or about content provided by the Company.
11.2. If You feel damaged by any content posted on the Website, the Company will, at our discretion, take reasonable measures to comply with any reasonable requests, as set forth in Paragraphs 11.3-12.8 of this Agreement:
11.3. You agree that if you have any complaint about any content on the Website, including (but not limited to) a complaint or claim of defamation (libel or slander), invasion of privacy, false light, trademark infringement, right of publicity claims, or any related or similar tort (from which the Company is otherwise immune from liability), that You will provide notice to the Company by email to our legal department at email@example.com.
11.4. You agree that We shall have ten (10) business days after RECEIPT of said notice to evaluate Your concerns.
11.5.1. After evaluating Your concerns, We will either inform You that We do not believe Your concern is valid, or We will request Your preference regarding an opportunity to cure Your concerns. This cure may, in Our discretion, include one of the following:
11.5.2. We may offer to delete the offending material.
11.5.3. We may offer to modify the offending material.
11.5.4. We may offer You the opportunity to publish a rebuttal to the offending material.
11.5.5. We may engage You and seek any other alternative resolution that will mitigate Your damaged legal interests - whether or not We are legally required to do so.
11.5.6. We may provide You with some or all identifying information we may have about the actual culprit (if the content was User-posted), but we are under no obligation to do so, and expressly reserve the right not to.
11.6. You acknowledge and agree that upon transmission of Your complaint to Us, You will be considered to have engaged in settlement discussions with Us, and neither party will initiate formal legal action while non-adversarial resolution is in progress. You agree that You will not file suit unless and until We issue a statement to You that We have taken Our final action, and that no further action will be taken without adversarial proceedings. At that point, You may proceed with arbitration as provided for under this Agreement.
11.7. You acknowledge that once You accept any of Our offers of non-adversarial resolution, that You irrevocably waive any and all possible claims for any allegedly offending material on Our Website and that if You do bring any action against Us that You hereby stipulate that You will bear Your own costs and fees incurred in the action, regardless of the outcome of that action, and that You stipulate that Your damages will be limited to one dollar ($1), and no more, and that You hereby acknowledge that such amount of one dollar ($1) is sufficient and adequate.
11.8. You understand that no part of this Agreement obligates Us to go beyond that required by law, and this Agreement is in place for Your convenience. If We believe that Your requests are unreasonable, We reserve every right to terminate discussions with or file suit against You to recover any legal fees incurred due to harassing or unreasonable requests. Nothing contained in this section shall obligate Us to undertake any specific action with regard to a given complaint, and We reserve all rights relating to resolution of disputes of this nature.
12. NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT:
12.1.1. We respect 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 (“DMCA”). 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 Our Designated Copyright Agent the following information:
12.1.2. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
12.1.3. Description of the copyrighted work or other intellectual property that You claim has been infringed;
12.1.4. A description of where the material that You claim is infringing is located on a Site;
12.1.5. Your address, telephone number, and email address;
12.1.6. 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
12.1.7. 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.
12.2. You may submit your Notice of Claimed Infringement to: firstname.lastname@example.org
Please do not send other inquires or information to our Designated Agent. Routine customer service inquiries should be sent to: email@example.com
13. DMCA NOTICE AND TAKEDOWN PROCEDURES:
13.1.1 We implement the following "notice and takedown" procedure upon receipt of any notification of claimed copyright infringement:
13.1.2. We 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.
13.1.3. It is Our firm policy to terminate the account of repeat copyright infringers, when appropriate, and We 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 DMCA. Our DMCA Notice Procedures are set forth in the preceding section of this Agreement. If the notice does not comply with that section and §512 of the DMCA, but does comply with three requirements for identifying the site that is infringing according to §512 of the DMCA, We shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements.
13.1.4. When the Designated Agent receives a valid notice, We 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, We will replace the material at issue within ten to fourteen (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. We 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.
14. DMCA COUNTER-NOTIFICATION PROCEDURES:
14.1. If the Recipient of a Notice of Claimed Infringement ("Notice") feels that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined in Section 14.1 above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against Us relating to the Content.
14.2.1. To submit a counter-notification, please provide Our Designated Copyright agent the following information:
14.2.2. A specific description of the material that was removed or disabled pursuant to the Notice.
14.2.3. A description of where the material was located within the Site or the Content before such material was removed and/or disabled. Please provide the specific URL if possible.
14.2.4. A statement reflecting the Recipient’s belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:
“I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled.”
14.2.5. The Recipient’s physical address, telephone number, and email address. Written notification containing the above information must be signed and emailed to: firstname.lastname@example.org
14.3. After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the entity who first provided the Notice concerning material in the Recipient’s Content.
14.4. Additionally, within ten to fourteen (10-14) days of Our receipt of the counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material.
14.5. The Site reserves the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.
15. LINKS AND LINKING:
15.1. Some websites which are linked to the Website are owned and operated by third parties. Because We have no control over such websites and resources, You acknowledge and agree that We are not responsible or liable for the availability of such external websites or resources, and do not screen or endorse them, and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
15.2. You further acknowledge and agree that We 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.
15.3. 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 Website’s User Agreement or other online contracts, which are incorporated into this Agreement by reference.
15.4. Links to external websites (including external websites that are framed by the Website) or inclusions of advertisements do not constitute an endorsement by Us of such websites or the content, products, advertising, or other materials presented on such website, but are for User’s convenience.
15.5. All Users do hereby agree to hold Us harmless from any and all damages and liability that may result from the use of links that may appear on the Website. We reserve the right to terminate any link or linking program at anytime.
16. EXPORT CONTROL:
16.1. 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.
16.2. You will not assist or participate in any such diversion or other violation of applicable laws and regulations.
16.3. 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.
16.4. 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.
17. NO AGENCY RELATIONSHIP:
17.1. 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.
18.1. Notice - Any notice required to be given under this Agreement by Us to You, may be provided by email to a functioning email address of the party to be noticed, by general posting on the Site, or personal delivery by commercial carrier such as Federal Express. Notices by customers to Us shall be given by electronic messages unless otherwise specified in the Agreement.
18.2. 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.
18.3. 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.
18.4. 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.
19. COMMUNICATIONS NOT PRIVATE:
Unless otherwise designated by Us as private, all communications occurring on the Site are public and available to other Users. All messages transmitted to Us 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.
20. FORCE MAJEURE:
We 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, for so long as such event continues to delay the Site’s performance.
21. GENERAL PROVISIONS:
21.1. Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all litigation permitted under this Agreement must be, without exception, brought to court and litigated in Orange County, Florida.
21.1.1. All parties to this Agreement agree that all litigation permitted under this Agreement shall be tried and/or litigated exclusively in the state and federal courts located in Orange County, Florida.
21.1.2. The parties agree to exclusive jurisdiction in, and only in Greater Manchester, United Kingdom.
21.1.3. The parties agree to exclusive venue in, and only in Greater Manchester, United Kingdom.
21.1.4. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
21.1.5. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any litigation permitted under this Agreement.
21.1.6. All parties stipulate that the state and federal courts located in Orange County, Florida shall have personal jurisdiction over them for the purpose of any litigation permitted under this Agreement that is not otherwise subject to the arbitration provisions, infra.
21.1.7. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
21.1.8. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
21.1.9. Right 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. in any litigation permitted under this Agreement, an aggrieved party shall therefore be entitled to seek injunctive relief, in addition to seeking all other remedies available at law or in equity.
21.2. 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 must 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 by Us under applicable worker’s compensation law, unemployment insurance claims, intellectual property claims, actions for injunctions, attachment, garnishment, and other injunctive or equitable relief. The arbitration shall be conducted in Greater Manchester, United Kingdom. and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes.
21.2.1. 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 this User Agreement; 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.
21.2.2. No waiver of right to arbitration -- There shall be no waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
21.2.3. The First Amendment applies to arbitration proceedings -- Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendment’s protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator.
21.3. 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.
21.4. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
21.5. Attorneys’ Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of 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 attorneys’ fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
21.6. Complaints - California Residents: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: http://www.dca.ca.gov/online_services/complaints/complfrm.shtml.
21.7. No Waiver. No waiver or action made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. 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 this Agreement.
21.8. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
21.9. Complete Agreement. This Agreement constitutes the entire Agreement between the parties with respect to Your access and use of the Website and the Materials contained therein, and Your Membership with the Website, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
21.10. Other Jurisdictions. We make no representation that the Website 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 Website from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.