IMPORTANT!
These Terms and Conditions also govern your membership to the SITE if you become
a member. By accessing, using, viewing, reading, printing, installing, or
downloading any material from the SITE, or becoming a member to the SITE, you
agree to be bound by these Terms and Conditions. This Agreement is intended to
be governed by the Electronic Signatures in Global and National Commerce Act
(E-Sign Act). You manifest your agreement to these Terms and Conditions by any
act demonstrating your assent thereto, including clicking any button containing
the words I agree or similar syntax. You may submit a paper copy of this
transaction and print this form for your personal records. You have the right to
withdraw your consent to use the E-Sign Act by emailing us. Your consent to use
the E-Sign Act is limited to providing the information on this form. Access to
this electronic record requires a simple browser program such as Internet
ExplorerTM or NetscapeTM and a computer. These Terms and Conditions are subject
to change by the SITE without prior notice, at any time, in its discretion.
Notification of any changes will be posted on this page. You agree to review
this page periodically to be aware of such changes. If these changes are
unacceptable to you, you must terminate your membership as provided below. Your
continued use of the SITE following the effective date of any such changes
constitutes your full acknowledgement and acceptance of these changes.
If you do not agree to be bound by these Terms and Conditions, you may not enter
the SITE, you must exit the SITE immediately, you may not use or access the
SITE, and you may not print or download any materials from them. You may use and
access the SITE only in accordance with these Terms and Conditions. Please
consult these Terms and Conditions regularly and read them carefully before
using the SITE. You affirm that you have read this Agreement and understand,
agree and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the SITE and that access may
involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the SITE.
I. Images and Content
These SITE contain images and content, including but not limited to text,
software, images, graphics, data, messages, or any other information, and any
other World Wide Web Site owned, operated, licensed, or controlled by SITE
(collectively, Materials. All Materials displayed on the SITE are protected by
the First Amendment rights to Free Speech, Free Expression and Freedom of the
Press, and parallel provisions of other constitutions. You acknowledge that the
SITE may offer online content that could be deemed Adult or Erotic in nature.
Additionally, you are on notice that some of the Materials presented on the SITE
may contain graphic visual depictions, graphic audio, and descriptions of
sexually oriented, explicit, offending, or disturbing activities. You
acknowledge that you are aware of the nature of the Materials provided by the
SITE, that you are not offended by such Materials and that you access the SITE
freely, voluntarily and willingly. You also acknowledge that this SITE is
intended to contain only images protected by the First Amendment to the United
States Constitution. If you are seeking information regarding illegal
activities, please leave this SITE immediately. You are further aware of the
community standards of your community, and you will only access the content on
the SITE if you believe, upon diligent investigation, that the content on the
SITE does not offend the community standards prevalent in your community. You
further agree not to use or access the SITE if doing so would violate the laws
of your state, province or country.
II. Age of Majority and Membership
A. Age of Majority
You represent and warrant you are at least 18 or 21 years of age, depending on
the age of majority in your jurisdiction, and that you have the legal capacity
to enter into this Agreement. If you are not at least 18 or 21 years of age,
depending on the age of majority in your jurisdiction, you must exit the SITE
immediately and may not use or access the SITE or print or download any
Materials from them. You may be asked to verify your birth date on the Birth
Date Verifier form as a condition of entry onto the SITE, pursuant to 28 U.S.C.
Section 746. You agree not to bypass any security and/or access feature on this
SITE. Additionally, the SITE does not assume any responsibility or liability for
any misrepresentations regarding a users age.
B. Membership
Membership may not be assigned, transferred, or sold to a third party. The SITE
and its affiliates disclaim any and all liability arising from fraudulent entry
and use of the SITE. If a user fraudulently obtains access, the SITE may
terminate membership immediately and take all necessary and appropriate actions
under applicable federal, state, and international laws.
III. No Child Pornography
You understand that all models appearing on this SITE are, and were at the time
of all recorded images, at least 18 years of age, and that our SITE contains no
child pornography. If you seek any form of child pornography, you must exit this
SITE immediately. You acknowledge that all Materials on the SITE are protected
by the First Amendment. We take a strong and definite stand against child
pornography and only allow images and Materials that are protected by the First
Amendment. If you identify any images, real or simulated, depicting minors
engaged in sexual activity within the SITE, please report the images to the
SITE. Include with your report any appropriate evidence, including the date and
time of identification. All reports will immediately be investigated and the
appropriate action will be taken. We enthusiastically cooperate with any
law-enforcement agency investigating child pornography. If you suspect other
outside websites are participating in unlawful activities involving minors,
please report them to www.asacp.org. Users should implement parental control
protections, such as computer hardware, software, or filtering services, which
may help users to limit minors access to harmful material.
IV. Access to, Limited License, and Interference with, SITE
A. Access
To access the SITE or some of the resources it has to offer, you may be asked to
provide certain registration details or other information. It is a condition of
your use of this SITE that all information you provide will be correct, current,
and complete. If the SITE believes the information you provide is not correct,
current, or complete, the SITE has the right to refuse you access to the SITE or
any of its resources, and to terminate or suspend your access at any time.
B. Limited License
Subject to these Terms and Conditions and in consideration of using the SITE,
the SITE hereby grants you a limited, nonexclusive, nontransferable personal
license to access and use the SITE and the Materials contained therein. The SITE
provides the Materials on this SITE for the personal, non-commercial use by
viewers, fans, visitors, subscribers and/or potential subscribers of said SITE.
Users of this SITE are granted a single copy license to view Materials (on a
single computer only). All Materials on the SITE shall be for private
non-commercial use only, and all other uses are strictly prohibited. SITE
reserves the right to limit the amount of materials viewed. You agree to prevent
any unauthorized copying of the SITE, or any of the Materials contained therein.
Any unauthorized use of the SITE or any of the Materials contained therein
terminates this limited license effective immediately. This is a license to use
and access the SITE for its intended purpose and is not a transfer of title. You
represent and warrant that you will not allow any minor access to this SITE and
that you will not copy or redistribute any of the content appearing on this
SITE. SITE reserves the right to terminate this license at any time if you
breach or violate any provision of this Agreement, in which case you will be
obligated to immediately destroy any information or materials you have
downloaded, printed or otherwise copied from this SITE. Violators of this
limited license may be prosecuted to the fullest extent under the applicable
law.
C. Interference
Except where expressly permitted by law, you may not translate,
reverse-engineer, decompile, disassemble or make derivative works from our
SITE's Materials. User hereby agrees not to use any automatic device or manual
process to monitor or reproduce the SITE, and will not use any device, software,
computer code, or virus to interfere or attempt to disrupt or damage the SITE or
any communications on it.
V. Restrictions on Use of SITE
You may use the SITE only for purposes expressly permitted by the Terms and
Conditions of the SITE. You may not use the SITE for any other purpose,
including any commercial purpose, without the SITE express prior written
consent. Without the express prior written authorization of the SITE, you may
not: (a) duplicate the SITE or any of the Materials contained therein (except as
expressly provided above in Paragraph IV); (b) create derivative works based on
the SITE or any of the Materials contained therein; (c) use the SITE or any of
the Materials contained therein for any public display, public performance, sale
or rental; (d) re-distribute the SITE or any of the Materials contained therein;
(e) remove any copyright or other proprietary notices from the SITE or any of
the Materials contained therein; (f) frame or utilize any framing techniques in
connection with the SITE or any of the Materials contained therein; (g) use any
meta-tags or any other hidden text using the SITE name or marks; (h) deep-link
to any page of the SITE (including the homepage); (i) circumvent any encryption
or other security tools used anywhere on the SITE (including the theft of user
names and passwords or using another persons user name and password in order to
gain access to a restricted area of the SITE); (j) use any data mining, robots
or similar data gathering and extraction tools on the SITE; (k) decompile,
reverse engineer, modify or disassemble any of the software aspect of the
Materials except and only to the extent permitted by applicable law; (l) sell,
rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share,
use as a service bureau or otherwise assign to any third party the Materials or
any of your rights to access and use the Materials as granted in Paragraph IV
above; or (m) bookmark any page of the SITE beyond the registration log-in
screen. You agree to cooperate with the SITE in causing any unauthorized use to
cease immediately. At any time, if the SITE provides a service enabling users to
share information or communicate with other users, you hereby agree not to
publish, disseminate or submit any defamatory, offensive or illegal material
while using the SITE or other services included on the SITE. You are solely
responsible for submitting any material that violates any United States or
International laws even if a claim arises after your service is terminated, and,
by doing so, your actions shall constitute a material breach of this Agreement
and the SITE shall terminate all your rights under this Agreement.
VI. Membership
A. Registration
You are responsible for providing all equipment and the computer necessary to
access the SITE. You may access the non-public portion of the SITE only by being
a member in good standing to the SITE. The SITE reserves the right to modify
Materials and the SITE's design at anytime, with or without prior notice. You
may become a member of the SITE by completing an online registration form, which
must be accepted by SITE, and you must pay the subscription fee. Upon submission
of the online registration form, SITE or its authorized agent will process the
application. In connection with completing the online registration form, you
agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the registration form (such information being the
Registration Data and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete at all times while you are a
member. You must promptly inform SITE of all changes, including, but not limited
to, changes in your address and changes in your credit card used in connection
with billing for the SITE. If you provide any information that is untrue,
inaccurate, not current or incomplete, or SITE or any of its authorized agents
have reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, SITE has the right to suspend or terminate your
account and refuse any and all current or future use of the SITE, as well as
subjecting you to criminal and civil liability.
B. Member Account, Password and Security
As part of the registration process, you will be issued a unique user name and
password which you must provide in order to gain access to the non-public
portion of the SITE. You certify that when asked to choose a username you will
not choose a name which may falsely represent you as somebody else or a name
which may otherwise be in violation of the rights of a third party. We reserve
the right to disallow the use of usernames that we, at our sole discretion, deem
inappropriate. We reserve the right to cancel at any time the membership of any
member who uses their selected username in violation of these Terms and
Conditions or in any other way we, in our sole discretion, deem inappropriate.
Your membership, the ID and password are nontransferable and non-assignable. You
represent and warrant that you will not disclose to any other person your unique
user name and password and that you will not provide access to the SITE to
anyone who is below the age of majority in your state, province, or country, or
otherwise does not wish to view the content on the SITE. You are solely
responsible for maintaining the confidentiality of your user name and password
and are fully responsible for all activities that occur under your user name and
password. SITE will not release your password for security reasons. You agree to
(a) immediately notify SITE of any unauthorized use of your user name and
password or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. You are liable and responsible for any
unauthorized use of the SITE until you notify SITE by email regarding that
unauthorized use. Unauthorized access to the SITE is illegal and a breach of
this Agreement. You indemnify the SITE against all activities conducted through
your account. You may obtain access to your billing records regarding charges of
your use of the SITE upon request.
C. Membership Fees
Subscriber's subscription to the service will be automatically renewed as stated
below upon expiration of the initial term, unless SITE is notified via our
online Customer Service Area at
http://www.billingsupport.com. The 7 day trial membership renews at the
monthly rate if the subscriber has not cancelled 24 hours prior to the
expiration date. Monthly membership renews at the monthly rate if the subscriber
has not cancelled prior to expiration. Membership fees to the SITE are
prominently displayed prior to your subscription thereto. You agree to pay all
membership fees when due according to these billing terms. At the time of
registration, you must select a payment method. SITE reserves the right to
contract with a third party to process all payments. Such third party may impose
additional terms and conditions governing payment processing. Your card issuer
agreement may contain additional terms with respect to your rights and
liabilities as a card holder. You agree to pay all amounts due to us immediately
upon cancellation or termination of your account. We reserve the right to make
changes to our fees and billing methods, including the addition of supplemental
charges for any content or services provided by the SITE, with or without prior
notice to you, at any time. THIS SITE USES AN AUTOMATIC REBILL CYCLE ACCORDING
TO THE USERs SELECTED PAYMENT OPTION.
D. Billing Errors
If you believe that you have been erroneously billed, please notify us
immediately of such error. If we do not hear from you within thirty (30) days
after such billing error first appears on any account statement, such fee will
be deemed acceptable by you for all purposes, including resolution of inquiries
made by your credit card issuer. You release us from all liabilities and claims
of loss resulting from any error or discrepancy that is not reported to us
within thirty (30) days of its publication.
E. Download Limit
We currently have no download limits per one user using standard downloading procedures, however, if you abuse our system by attempting to rip the whole site, or download too much at once, our security system will block your access. We advise you to download one photoset/video at a time and do not use multiple computers or 'ripping' software to download. You fully understand that we are not liable for your access being denied due to abusing our system. If you become blocked, you may contact us to request your access be re-activated, however, repeated violations will result in your membership being revoked and IP address blocked.
VII. Termination
You may cancel your membership at any time by visiting
http://www.billingsupport.com. You hereby agree to be personally liable for
any and all charges incurred by you until termination of membership for goods or
services through your use of the SITE. This Agreements provisions shall survive
its termination, unless otherwise stated. Upon our processing of your request to
cancel your membership, you will no longer have access to the non-public areas
of the SITE to which you were a member. Without limiting other remedies, the
SITE may immediately issue a warning, temporarily suspend, indefinitely suspend,
or terminate your access and use of the SITE and refuse to provide our services
to you at any time, with or without advance notice, if: (a) SITE believes that
you have breached any material term of these Terms and Conditions or the
documents it incorporates by reference, (b) you fail to pay any amount due by
the payment due date; (c) we are unable to verify or authenticate any
information you provide to us; (d) we believe that your actions may cause legal
liability for you, our users or us; or (e) SITE decides to cease operations or
to otherwise discontinue any of the SITE or parts thereof. Further, you agree
that neither SITE nor any third party acting on our behalf shall be liable to
you for any termination of your membership or access to the SITE. You agree that
if your account is terminated by SITE, you will not attempt to re-register as a
member without prior written consent from SITE.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS CONTAINED
THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED
THEREIN ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS
CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
SITE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY,
TRUTH, USEFULNESS, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS
CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY OF THE
MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND
THAT SITE CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR
DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR
OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SITE DOES
NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. SITE MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR
ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SITE
OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT
NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE OWNER MAKES NO
COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. SITE MAKES NO
COMMITMENT TO UPDATE THE MATERIALS. THE WARRANTIES AND REPRESENTATIONS SET FORTH
IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO
THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR
ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN THE PARTIES
OR BY OPERATION OF LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES AND REPRESENTATIONS WILL EXTEND
TO ANY THIRD PERSON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IX. Disclaimer
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY
PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED OR INTENDS TO
PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE
THE SITE WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY FOR
DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES FOR ANY PURPOSE THAT
VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS
FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY
AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR
ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING,
WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH
THIS SITE. OUR SITE CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES.
YOU DO HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT
MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT AND AGREE TO CEASE REVIEW OF
THE SITE SHOULD YOU FIND IT OFFENSIVE. IF YOU ARE SEEKING SERVICES THAT ARE IN
VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO
HEREBY AGREE TO EXIT IT IMMEDIATELY. THUS, ALL DISPUTES RELATING TO THE ONLINE
STORE SHALL BE DIRECTED TO THE STORE, AND NOT THE SITE.
X. Limitation of Liability
IN NO EVENT SHALL SITE (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE
PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER
THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTION, REVENUE, OR GOODWILL,
WHICH MAY ARISE FROM ANY PERSONS USE, MISUSE, OR INABILITY TO USE THE SITE OR
ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF SITE HAS BEEN ADVISED OF THE
PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING
TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT OR OTHERWISE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL SITE MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR
DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR
SITE FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE
APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
XI. Indemnity
You agree to defend, indemnify, and hold harmless the SITE, its officers,
directors, shareholders, employees, independent contractors, telecommunication
providers, and agents, from and against any and all claims, actions, loss,
liabilities, expenses, costs, or demands, including without limitation legal and
accounting fees, for all damages directly, indirectly, and/or consequentially
resulting or allegedly resulting from your, or you under another persons
authority including without limitation to governmental agencies, use, misuse, or
inability to use the SITE or any of the Materials contained therein, or your
breach of any of these Terms and Conditions. SITE shall promptly notify you by
electronic mail of any such claim or suit, and cooperate fully (at your expense)
in the defense of such claim or suit. We reserve the right to participate in the
defense of such claim or defense at its own expense, and choose its own legal
counsel, but are not obligated to do so.
XII. Links and Linking
Some websites which are linked to the SITE are owned and operated by third
parties. Because the SITE has no control over such websites and resources, you
acknowledge and agree that SITE is not responsible or liable for the
availability of such external websites or resources, and does not screen or
endorse them, and is not responsible or liable for any content, advertising,
services, products, or other materials on or available from such websites or
resources. You further acknowledge and agree that SITE shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such third-party
content, goods or services available on or through any such website or resource.
If you decide to access any such third party website, you do so entirely at your
own risk and subject to any terms and conditions and privacy policies posted
therein. Users further acknowledge that use of any website controlled, owned or
operated by third parties is governed by the terms and conditions of use for
those websites, and not by this SITES Terms and Conditions, Spam Policy,
Webmaster Agreement, or Privacy Policy, which are incorporated by reference.
Links to external websites or the featured models linked websites (including
external websites that are framed by the Site) or inclusions of advertisements
do not constitute an endorsement by the SITE of such websites or the content,
products, advertising or other materials presented on such SITE, but are for
user's convenience. Users access them at their own risk. The SITE expressly
disclaims any liability for any damages whatsoever incurred by any user in
connection with the use of any website, the access to which was found through
this SITE. The SITE expressly disclaims any liability derived from the use
and/or viewing of any links that may appear on this SITE. All users do hereby
agree to hold the SITE harmless from any and all damages and liability that may
result from the use of links that may appear on the SITE. The SITE reserves the
right to terminate any link or linking program at anytime.
XIII. Trademark Information
This SITE and the aforementioned names of the SITES are service marks and/or
trademarks of the SITE. We aggressively defend our intellectual property rights.
Other manufacturers product and service names referenced herein may be
trademarks and service marks of their respective companies and are the exclusive
property of such respective owners, and may not be used publicly without the
express written consent of the owners and/or holders of such trademarks and
service marks. The SITES marks, logos, domains, and trademarks may not be used
publicly except with express written permission from SITE, and may not be used
in any manner that is likely to cause confusion among consumers, or in any
manner that disparages or discredits SITE.
XIV. Copyright Information
The Materials accessible from the SITE, and any other World Wide Web Site owned,
operated, licensed, or controlled by SITE, is the proprietary information and
valuable intellectual property of SITE or the party that provided the Materials
to SITE, and SITE or the party that provided the Materials to SITE retains all
right, title, and interest in the Materials. Accordingly, the Materials may not
be copied, distributed, republished, modified, uploaded, posted, or transmitted
in any way without the prior written consent of SITE, except that you may print
out a copy of the Materials solely for your personal use. In doing so, you may
not remove or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary notice or legend
appearing on any of the Materials. Modification or use of the Content except as
expressly provided in these Terms and Conditions violates the SITES intellectual
property rights. Neither title nor intellectual property rights are transferred
to you by access to the SITE. All Materials included on the SITE, such as text,
graphics, photographs, video and audio clips, music, soundtracks, button icons,
streaming data, animation, images, downloadable materials, data compilations and
software is the property of the SITE or its content suppliers and is protected
by United States and international copyright laws. The compilation of all
Materials on the SITE is the exclusive property of the SITE or its content
suppliers and protected by United States and international copyright laws, as
well as other laws and regulations.
XV. Notice of Claimed Infringement
The SITE respects the intellectual property of others, and we ask our users to
do the same. We voluntarily observe and comply with the United States Digital
Millennium Copyright Act. If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide SITES Designated Copyright Agent
the following information:
(a) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you
claim has been infringed;
(c) a description of where the material that you claim is infringing is located
on a SITE;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owners behalf.
You may send your Notice of Claimed Infringement to:
webmaster@gayasiananime.com
XVI. Notice and Takedown Procedures
The SITE implement the following Notice and takedown procedure upon receipt of
any notification of claimed copyright infringement. The SITE reserve the right
at any time to disable access to, or remove any material or activity accessible
on or from the SITE or any Materials claimed to be infringing or based on facts
or circumstances from which infringing activity is apparent. It is the firm
policy of the SITE to terminate the account of repeat copyright infringers, when
appropriate, and the SITE will act expeditiously to remove access to all
material that infringes on anothers copyright, according to the procedure set
forth in 17 U.S.C. ?12 of the Digital Millennium Copyright Act (DMCA?.the SITES
DMCA Notice Procedures are set forth in the preceding paragraph. If the notice
does not comply with Paragraph 19 and Section 12 of the DMCA, but does comply
with three requirements for identifying SITE that are infringing according to
Section 12 of the DMCA, the SITE shall attempt to contact or take other
reasonable steps to contact the complaining party to help that party comply with
the notice requirements. When the Designated Agent receives a valid notice, the
SITE will expeditiously remove and/or disable access to the infringing material
and shall notify the affected user. Then, the affected user may submit a
counter-notification to the Designated Agent containing a statement made under
penalty of perjury that the user has a good faith belief that the material was
removed because of misidentification of the material. After the Designated Agent
receives the counter-notification, it will replace the material at issue within
10-14 days after receipt of the counter-notification unless the Designated Agent
receives notice that a court action has been filed by the complaining party
seeking an injunction against the infringing activity. The SITE reserve the
right to modify, alter or add to this policy, and all users should regularly
check back to these Terms and Conditions to stay current on any such changes.
XVII. Export Control
You understand and acknowledge that the software elements of the Materials on
the SITE may be subject to regulation by agencies of the United States
Government, including the United States Department of Commerce, which prohibits
export or diversion of software to certain countries and third parties.
Diversion of such Materials contrary to United States or international law is
prohibited. You will not assist or participate in any such diversion or other
violation of applicable laws and regulations. You warrant that you will not
license or otherwise permit anyone not approved to receive controlled
commodities under applicable laws and regulations and that you will abide by
such laws and regulations. You agree that none of the Materials are being or
will be acquired for, shipped, transferred, or re-exported, directly or
indirectly, to proscribed or embargoed countries or their nationals or be used
for proscribed activities.
XVIII. No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give
effect to, or otherwise recognize a partnership, employment, joint venture or
formal business entity of any kind; and the rights and obligations of the
parties shall be limited to those expressly set forth herein.
XIX. Notice
A. Notice
Any notice required to be given under this Agreement may be provided by email to
a functioning email address of the party to be noticed, by a general posting on
the SITE, or personal delivery by commercial carrier such as FedEx or Airborne.
Notices by customers to SITE shall be given by electronic messages unless
otherwise specified in the Agreement.
B. Change of Address
Either party may change the address to which notice is to be sent by written
notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective
Notices shall be deemed effective upon delivery. Notices delivered by overnight
carrier (e.g., United States Express Mail or Federal Express) shall be deemed
delivered on the business day following mailing. Notices mailed by United States
Mail, postage prepaid, registered or certified with return receipt requested,
shall be deemed delivered five (5) days after mailing. Notices delivered by any
other method shall be deemed given upon receipt. Notices by email and facsimile
transmission, with confirmation from the transmitting machine that the
transmission was completed, are acceptable under this Agreement provided that
they are delivered one (1) hour after transmission if sent during the
recipient's business hours, or 9:00 a.m. (recipient's time) the next business
day. Either Party may, by giving the other Party appropriate written notice,
change the designated address, fax number and/or recipient for any notice or
courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice
Any correctly addressed notice that is refused, unclaimed, or undeliverable,
because of an act or omission of the Party to be notified shall be deemed
effective as of the first date that said notice was refused or deemed
undeliverable by the postal authorities, messenger, facsimile machine, email
server, or overnight delivery service.
XX. Communications not Private
SITE does not provide any facility for sending or receiving private or
confidential electronic communications. All messages transmitted to SITE shall
be deemed to be readily accessible to the general public. Visitors should not
use this SITE to transmit any communication for which the sender intends only
the sender and the intended recipient(s) to read. Notice is hereby given that
all messages entered into this SITE can and may be read by the agents and
operators of this service, regardless of whether they are the intended
recipients of such messages.
XXI. Force Majeure
SITE shall not be responsible for any failure to perform due to unforeseen
circumstances or to causes beyond our reasonable control, including but not
limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical
storms or other natural disasters; war, riot, arson, embargoes, acts of civil or
military authority, or terrorism; fiber cuts; strikes, or shortages in
transportation, facilities, fuel, energy, labor or materials; failure of the
telecommunications or information services infrastructure; hacking, SPAM, or any
failure of a computer, server or software, including Y2K errors or omissions,
for so long as such event continues to delay the SITES performance.
XXII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating
to these Terms and Conditions shall be governed by the laws of the State of
California, excluding its conflict of law provisions. The parties agree that the
United Nations Convention on Contracts for the International Sale of Goods is
specifically excluded from application to these Terms and Conditions. The
parties hereby submit to the personal jurisdiction of the state and federal
courts of the State of California. Exclusive venue for any litigation or
arbitration permitted under this Agreement shall be with the state and federal
courts located in Los Angeles, California.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an
aggrieved party with full compensation in the event of the other partys breach,
and that an aggrieved party shall therefore be entitled to seek injunctive
relief in the event of any such breach, in addition to seeking all other
remedies available at law or in equity.
C. Binding Arbitration
If there is a dispute between the Parties arising out of or otherwise relating
to this Agreement, the Parties shall meet and negotiate in good faith to attempt
to resolve the dispute. If the Parties are unable to resolve the dispute through
direct negotiations, then, except as otherwise provided herein, either Party may
submit the issue to binding arbitration in accordance with the then-existing
Commercial Arbitration Rules of the American Arbitration Association. Arbitral
Claims shall include, but are not limited to, contract and tort claims of all
kinds, and all claims based on any federal, state or local law, statute, or
regulation, excepting only claims under applicable workers compensation law,
unemployment insurance claims, actions for injunctions, attachment, garnishment,
and other equitable relief. The arbitration shall be conducted in California, and conducted by a single arbitrator, knowledgeable in Internet
and e-Commerce disputes. The arbitrator shall have no authority to award any
punitive or exemplary damages; certify a class action; add any parties; vary or
ignore the provisions of these Terms and Conditions; and shall be bound by
governing and applicable law. The arbitrator shall render a written opinion
setting forth all material facts and the basis of his or her decision within
thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES
HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL
CLAIMS.
D. Assignment
The rights and liabilities of the parties hereto will bind and inure to the
benefit of their respective assignees, successors, executors, and
administrators, as the case may be.
E. Severability
If for any reason a court of competent jurisdiction or an arbitrator finds any
provision of these Terms and Conditions, or any portion thereof, to be
unenforceable, that provision will be enforced to the maximum extent permissible
and the remainder of these Terms and Conditions will continue in full force and
effect.
F. Attorneys Fees
In the event any Party shall commence any claims, actions, formal legal action,
or arbitration to interpret and/or enforce the terms and conditions of this
Agreement, or relating in any way to this Agreement, including without
limitation asserted breaches of representations and warranties, the prevailing
party in any such action or proceeding shall be entitled to recover, in addition
to all other available relief, its reasonable attorneys fees and costs incurred
in connection therewith, including attorneys fees incurred on appeal.
G. No Waiver
No waiver of SITE shall be deemed a waiver of any subsequent default of the same
provision of these Terms and Conditions. If any term, clause or provision hereof
is held invalid or unenforceable by a court of competent jurisdiction, such
invalidity shall not affect the validity or operation of any other term, clause
or provision and such invalid term, clause or provision shall be deemed to be
severed from these Terms and Conditions.
H. Headings
All headings are solely for the convenience of reference and shall not affect
the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties
with respect to your access and use of the SITE and the Materials contained
therein, and your membership with the SITE, and supersede and replace all prior
or contemporaneous understandings or agreements, written or oral, regarding such
subject matter. No amendment to or modification of these Terms and Conditions
will be binding unless in writing and signed by a duly authorized representative
of both parties.
J. Modifications
SITE reserves the right to change any of the provisions posted herein and you
agree to review these Terms and Conditions each time you visit the SITE. Your
continued use of the SITE following the SITES posting of any changes to these
Terms and Conditions constitutes your acceptance of such changes. The SITE does
not and will not assume any obligation to provide you with notice of any change
to these Terms and Conditions. Unless accepted by SITE in writing, these Terms
and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private expense
and are Commercial computer software or Restricted computer software within the
meaning of the FARs, the DFARs, and any other similar regulations relating to
government acquisition of computer software. Nothing contained herein will be
deemed to: (1) grant any government agency any license or other rights greater
than are mandated by statute or regulation for commercial computer software
developed entirely at private expense, or (2) restrict any government rights in
any extensions or custom solutions provided hereunder and developed at
government expense. You further agree not to upload to our SITE any data or
software that cannot be exported without prior written government authorization,
including, but not limited to, certain types of encryption software. This
assurance and commitment shall survive termination of this Agreement.
L. Other Jurisdictions
SITE makes no representation that the SITE or any of the Materials contained
therein are appropriate or available for use in other locations, and access to
them from territories where their content may be illegal or is otherwise
prohibited. Those who choose to access the SITE from such locations do on their
own initiative and are solely responsible for compliance with all applicable
local laws.
COMPLAINTS CALIFORNIA RESIDENTS The Complaint Assistance Unit of the Division of
Consumer Services of the Department of Consumer Affairs may be contacted in
writing at 1020 N. Street, #501, Sacramento, CA 95814.