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This Agreement is a legally binding agreement between you and the owner and operator of the Website, including any successor or affiliated company or entity, so please read it carefully before using our Website. You must be at least eighteen (18) years old and have reached the age of majority and legal consent in the jurisdiction in which you live or reside to agree to this Agreement. By clicking on the words “I agree,” “Submit,” or similar syntax, you are electronically signing this Agreement, and therefore agree to be bound by and acknowledge your complete acceptance of all the express and incorporated terms of this Agreement even if you do not read them. This Agreement contains disclaimers of warranties, limitations on liability, releases, a class-action waiver, and the requirement to mediate and arbitrate all claims that may arise under this Agreement. These provisions are an essential basis of this Agreement. We ask that you pay special attention to the following provisions: (a) acceptable use policy (section 6); (b) warranty (section 9); (c) limitation of liability and exclusion of damages (section 11); and (d) dispute resolution (section 14).
You shall not seek to avoid acceptance or rejection of our online agreements. If you do not want to accept the terms of this Agreement, you must leave the Website immediately. Browsers of the Website who have not signed up for an account are bound by these terms if they have viewed the Website and continue to access or navigate the Website. If you violate any of the terms of this Agreement, we will cancel your registration to the Website and may pursue additional legal remedies. We may revise this Agreement on one or more occasions by updating this webpage as discussed below in Section 15. We will deem your continued use of the Website after we post the changes as your acceptance of the changes. If you do not agree to any future changes, please delete your account and cease accessing or using the Services.
This Website provides online interactive video, audio, and text, and e-commerce listings primarily posted by third parties. These materials can be adult-oriented in nature. By accessing this Website, you may be exposed to adult-oriented text or imagery. While some areas of the Website may be available free of charge, a membership is required to access most of the Services.
By accessing the Website, you certify to us that:
No Illegal Services:- The promotion or solicitation of illegal services is contrary to the purposes of the Website and will not be tolerated in any fashion. Promoting, soliciting, facilitating, or offering illegal services in connection with this Website is strictly prohibited. Any user that utilizes the Website for the promotion of illegal services in any way will be removed from the Website immediately. This includes the use of hyperlinks to external websites promoting illegal services. Be aware that we have a zero-tolerance policy for any abuse of our Website for prostitution or sex trafficking. Any such action will be reported to the appropriate authorities.
No Underage Material or Exploitation of Minors:- Underage material is strictly prohibited. We take a strong and definite stand against any material depicting minors and only permit visual media of consenting adults for consenting adults. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please immediately report this to us. Please include with your report all appropriate evidence, including the date and time. We will immediately investigate all reports and take appropriate action. We cooperate with any law enforcement agency investigating underage material. We operate as the provider of an interactive computer service. As such, we are generally not responsible for claims arising from the publication or transmission of material submitted by our users.
We grant you a limited, nonexclusive, nontransferable license to access the Website and the materials thereon according to these terms. By “access,” we mean visit the Website, use its Services, and view the material thereon. By “material,” we mean any materials, including text, communications, images, sounds, streams, videos, profiles, software, data, or other information. We reserve the right to change, limit, or cancel your access if you fail to comply with the terms of this Agreement.
You may only access the Website for your personal, noncommercial use. You will not use any material that you access on the Website for further distribution, performance, display, sale, resale, rental, lease, loan, or sublicense. You will not record any material or make any material available on any peer-to-peer network, file sharing service, or other system used for the mass transmittal of digital material to others. You acknowledge that displaying material disseminated on this Website violates intellectual property laws, which carry substantial penalties and fines. Finally, you will not solicit any other users to use or participate in the services of any third-party website(s) providing the same or similar Services as this Website. Doing any of this may subject you to immediate civil and criminal liability.
User Accounts:- You agree that all information provided in registering, or otherwise creating an account is true, accurate, current, and complete. You also agree that you are responsible for maintaining the accuracy of such information for so long as you maintain such an account. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to deny, suspend, or terminate your account and refuse any current or future use of the Website and Services by you, as well as to subject you to potential criminal and civil liability. You are entirely responsible for any activities conducted through your account. You agree to notify us immediately of any unauthorized use of your account as well as of any other breach of security.
Members:- You may register as a Member. If you register as a Member, the provisions of this paragraph apply to your account and your use of the Website and/or Services. Members may have access to certain features of the Website that are not available to users that merely browse the Website without creating an account. Members may purchase access to content posted by Models and/or items in e-commerce listings. Members may only make purchases at the currently displayed price. All previous offers or discounts are unavailable once removed from the Website. We reserve the right to charge additional fees for access to the Website or any other feature or service of the Website and to change our fee structure at our discretion.
Username and Password:- To fully access the Website, you must register an account by creating a unique username and password. You must keep your username and password confidential; we will hold you responsible for all activity initiated under your account. You will not allow anyone under eighteen (18) years old, or who has not reached the age of majority in your jurisdiction, to use your credentials to access the Website. If we discover that you have done this, we may immediately cancel your access to the Website without advance notice. Please contact us immediately if you know or suspect that someone is using your username or password without your authorization. You will need to give us all the information you have about the unauthorized use and cooperate fully with us in investigating the matter. We may request that you adopt additional security procedures when accessing the Website in the future to prevent further unauthorized use.
No Account Sharing:- Your account credentials are for your personal use only. You will not share access to your account with anyone else. We cannot allow multiple persons to use the same account, and the Website utilizes several techniques to detect such unauthorized account use. If we discover that multiple persons are using the password for a single account, we may suspend the relevant account, or otherwise, block your access to the Website without notice. Inappropriate cases, we may transmit new account credentials to you, unless we determine that you are responsible for the unauthorized sharing.
Charges to Your Account:- You agree to pay any fees or account charges related to your Account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You understand and agree that you are responsible for any fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. If your account remains unpaid for more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of one and a half percent (1.5%), or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, chargebacks, and attorneys’ fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a cardholder. You agree to pay any amounts due immediately upon cancellation or termination of your account. Models may without liability cancel any accepted order before shipment if there are any issues with payment.
E-commerce Listings:- Models may offer certain items, products, or other merchandise for sale. All prices posted for the various products are subject to change without notice. All products are offered for novelty purposes only. We cannot and do not guarantee or warrant the accuracy or completeness of any information, including prices, product images, specifications, availability, condition, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Taxes and Shipping:- Posted prices may not include taxes or charges for shipping and handling.Please review the terms of any offer carefully. You will pay all shipping and handling charges specified during the ordering process. The privacy of purchases is a high priority for us and Models. Models will utilize best practices in order to ensure the privacy of purchases, when shipping their physical products. Smaller items are sealed and shipped inside of a plain padded envelope, while larger items are shipped inside of a plain box of the smallest possible size.Packages do not contain any identifying markings, logo, or company names. All packages are labeled with proper postal tracking information to ensure delivery. However, signatures are not required upon delivery to ensure that your package is delivered promptly and hassle-free. Models will arrange for shipment of the products to you, and Models are solely responsible for all products sold through the Website. Title and risk of loss and damage pass to you upon transfer of the products to the carrier. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any loss or delays in shipments.
Unauthorized Access:- We disclaim any liability arising from fraudulent entry and use of the Website. If a user account is accessed by fraudulent and/or unlawful means, the Website may terminate the associated account immediately within its discretion and take all necessary and appropriate actions under applicable law.
Your Right to Cancel:- If you would like your account canceled, you may delete your account through the “My Account” page. If you need help or have any questions, please contact us via email at firstname.lastname@example.org and we will be happy to assist you.
Our Right to Cancel:- We may cancel your account or suspend or terminate your access to the Website at any time, for any reason.ices in order to ensure the privacy of purchases, when shipping their physical products. Smaller items are sealed and shipped inside of a plain padded envelope, while larger items are shipped inside of a plain box of the smallest possible size. Packages do not contain any identifying markings, logo, or company names. All packages are labeled with proper postal tracking information to ensure delivery. However, signatures are not required upon delivery to ensure that your package is delivered promptly and hassle-free. Models will arrange for shipment of the products to you, and Models are solely responsible for all products sold through the Website. Title and risk of loss and damage pass to you upon transfer of the products to the carrier. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any loss or delays in shipments.
Third-Party Payment Processing:- We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any payments associated with the Website and/or Services. Such a third party may impose additional terms and conditions governing payment processing. You are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
Changes to Your Billing Information:- You must promptly inform our third-party billing agent of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing and/or payment for the Website and Services, if applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Website and Services, as well as subject you to criminal and civil liability. You are responsible for any credit card chargebacks, dishonored checks and any related fees that the Website incurs with respect to your account, along with any additional fees and/or penalties imposed by our third-party billing agent. If you fail to reimburse us for any credit card chargebacks, dishonored checks, or related fees within thirty (30) days of our initial demand for reimbursement, you agree that you will pay us one hundred dollars ($100) in additional liquidated damages as well as any costs incurred by us for each fee incurred.
Changes to Our Billing Methods:- We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any feature(s) or service(s), with or without prior notice to you.
Refunds:- You understand and agree that it is our standard policy that purchases and/or fees associated with your account are final and nonrefundable at this time. We reserve the right to address any refund request in our sole discretion.
Virtual Currency:- We may permit or require members to pay for Services using one or more virtual currencies such as Bitcoin. Acceptance of such a payment method is in our sole discretion and may be of limited duration. Any payment in virtual currency is irreversible. Refunds of virtual currency payments are also at our sole discretion, and, if allowed, may take the form of virtual currency transfer, or the corresponding cash value of the requested refund, at our option. Additional administrative fees may accompany virtual currency transactions.
Billing Errors:- If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in this Agreement.
Stolen Cards and Fraudulent Use of Credit Cards:- We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account.
We aggressively protect our intellectual property rights. We own or have the license/permission to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, audio clips, sounds, music, artwork, button icons, streaming data, animation, images, downloadable materials, data compilations, software, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this material, contained on this Website and all such materials are protected by U.S. and international copyright and intellectual property laws. We retain all right, title, and interest in such materials and compilations thereof. You acknowledge that trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws, protect the Website and its materials. Unless otherwise stated or the context otherwise requires, the following trademark information will apply:
You may only access the Website or its materials according to these terms and any specialty content terms. You will not make any other use of the Website or its materials, including copying, modifying, accessing, or distributing any material. You will not reproduce, imitate, or use the Website’s material in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Website. If you do any of this, your actions may constitute an infringement of our rights or the rights of third parties and can result in termination of this Agreement.
We neither endorse nor recommend the owner of any third-party trademarks we display on the Website. In addition, our use of trademarks or links to websites owned by third parties does not imply, directly or indirectly, that those owners endorse or have any affiliation with this Website.
Notification of Copyright Infringement: We respect the intellectual property rights of all parties, and voluntarily comply with the Digital Millennium Copyright Act (“DMCA”). We have adopted a policy regarding the termination of repeat copyright infringers in compliance with the DMCA. Copies of our policy relating to repeat infringement are available to you upon request. Information regarding the submission of a notice of infringement under the DMCA can be found here .
The Website is proud to offer a place where users can express their creativity and share material, but certain important rules must be respected, or users may face termination. You are entirely responsible and liable for all activities conducted through your account when interacting with others on the Website. Please use your best judgment and respect other individuals using the chat/interactive features of this Website. Remember, because of the anonymous nature of the Internet, participants may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated. If we find out that you have engaged in any deceptive or fraudulent activity, we reserve the right to block you from accessing this Website and hold you responsible.
Prohibited Uses. The following are some—though not all—of the violations that may result in our terminating your access to the Website. While using the Website, you will not:
Section 6(1)–6(37) are each individually referred to as a “Prohibited Use” and collectively referred to as the “Prohibited Uses.” Engaging in any Prohibited Use will be considered a breach of this Agreement and may result in immediate suspension or termination of the user’s account and access to the Website or the platform without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates the terms of this Agreement and certain international, foreign, and domestic laws.
You warrant that You maintain written releases from any person depicted in any user submission and that such submissions do not violate any rights of any third parties. Copies of any necessary releases, licenses, or ownership documents will be provided at our request.
You retain all ownership rights in your submissions. However, you grant us a worldwide, perpetual, nonexclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions for the Website and our (and our successor’s) business, including for promoting and redistributing any part of the Website (and derivative works of it) in any media formats and through any media channels. This license shall include, but is not limited to, the right to copy and transfer your entire profile, or portions thereof, and all its material, including text, pictures, photographs, personal description, and any contact information, to any affiliate or related or partner sites of ours, and to post such material on different pages of the Website at our sole discretion. We shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by us in writing or required by law. You are solely responsible for your submissions and the consequences of posting them to the Website.
You understand that the material displayed on the Website is primarily posted by users and that we undertake no obligation to prescreen, review, or preemptively monitor the material. We expressly disclaim all liability for any user-generated material submitted to the Website. We do not endorse (expressly or implicitly) the opinions expressed in any user-generated material posted on this Website. Thus, you understand that when accessing the Website, you may be exposed to submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for these submissions. You further understand that you may be exposed to submissions that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure.
If you are aware of any information posted that violates this Agreement, please contact us. Please provide as much detail as possible, including a copy of the objectionable information or the location where we may find it, the reason we should remove it, and a statement certifying the accuracy of the information you provided to us.
We provide this Website as an inclusive, adult-friendly social media platform. We assume no responsibility for monitoring the Website for inappropriate material or conduct. However, we reserve the right to monitor and delete any information or postings we deem inconsistent with the terms of this Agreement, and we may refuse to publish, remove, or block access to any submission that is available through the Website or our network or Services without advance notice or delay. If we choose to monitor the Website at any time, we assume (1) no responsibility for the material, (2) no obligation to modify or remove any inappropriate material, and (3) no responsibility for the conduct of the user submitting that material. You are solely responsible for the submissions that you make to the Website, and for any other material or information that you transmit or share with other users or unrelated persons through the Website. We do not permit copyright infringing activities or infringement of other intellectual property rights on the Website, and we will remove all material and submissions if properly notified that the material or submission infringes on another’s intellectual property rights. We also reserve the right to terminate a user’s access to the Website, in accordance with our copyright infringement policy, if we determine the user is an infringer. While we permit publication of erotic and sexually explicit material, we reserve the right to decide if the material or submission is appropriate and otherwise complies with this Agreement. We may remove submissions or terminate a user’s access for uploading material that violates this Agreement at any time without prior notice.
We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of anyone posting material in breach of this Agreement, in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. If your activity results in the Website receiving a subpoena, discovery request, production order, or court order that causes the Website to incur expenses, court costs, or legal fees for compliance, you agree to reimburse us for any such expenses, costs or legal fees upon our request.
You acknowledge that we do not guarantee continuous, uninterrupted, or secure access to this Website, and numerous factors or circumstances outside of our control may interfere with or adversely affect our operation of this Website. Nor do we guarantee that you will be able to access or use all parts of this Website. You understand that we will have no liability to you for any inaccessibility, including the liability to issue a refund or any other transaction reversal because of inaccessibility.
We may suspend access to this Website temporarily and without notice for system failure, maintenance or repair, or reasons beyond our control.
We reserve the right to modify or discontinue this Website with or without notice to you. We will not be liable to you or any third party if we exercise our right to modify or discontinue the Website.
We do not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by another person through the Website or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You assume all responsibility associated with the use of any product. You agree that all products are for novelty and recreation purposes only. You agree to hold harmless all entities associated with this product, including the Model. The products on this Website are not intended to violate any laws and are not for sale where prohibited. You warrant that products purchased are legal in your jurisdiction. We accept no responsibility for any use and/or resulting effect(s) of any products sold on this Website, or by models. You assume any risk and responsibility arising from the purchase or use of the products sold through this Website. We expressly disclaim liability arising from the product descriptions and images published on this Website. Every attempt has been made to publish accurate information, but such accuracy is not guaranteed. Accordingly, We do not adopt, nor endorse, any such published information.
The Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the reliability of any statement or other information displayed or distributed through the Website. We reserve the right to correct any errors or omissions in any portion of the Website.
You acknowledge that we will not be liable to you for user submissions or the defamatory, offensive, or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you, and you expressly release us from any liability arising out of user submissions or the conduct of any person.
You further discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any 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 Website including, but not limited to claims relating to the following:
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, privacy, publicity, intellectual property infringement, misrepresentation, revenge porn law violations, any financial loss not due to the fault of the Website, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Website, unavailability of the Website, its functions and/or Services and any other technical failure that may result in inaccessibility to the Website, or any claim based on vicarious liability for torts committed by individuals met on or through the Website and Services, including but not limited to fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of the Website, 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.
We expressly disclaim any liability or responsibility to you for any of the following:
Unless caused by our gross negligence or willful and wanton misconduct, we limit our total liability to you for any claims arising from these Terms or your access to the Website solely to your incidental and direct damages, if any. However, our total liability to you will not exceed one hundred dollars (100 USD) or the total amount you paid us during the one (1) month period before you made your claim, whichever is greater. Recovery of these damages will be your sole and exclusive remedy. We disclaim any liability for any other damages of any kind arising out of these terms or your access to the Website.
Unless caused by the other’s gross negligence or willful and wanton misconduct, neither party will be liable to the other party for any special, indirect, incidental, consequential, exemplary, or punitive damages arising out of this Agreement or the Website. This exclusion applies even if the other party knew or should have known about the possibility of the damages.
The mutual exclusion of special, indirect, incidental, consequential, exemplary, or punitive damages is independent of your exclusive remedy and survives even if your exclusive remedy fails of its essential purpose or a court or tribunal of competent jurisdiction otherwise deems your exclusive remedy unenforceable.
The limitations and exclusions in this section apply regardless of the theory of liability asserted, whether strict liability, breach of warranty (express or implied), breach of contract, tort, or any other legal theory.
The disclaimers, exclusions, and limitations contained in this Agreement apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you. It is your responsibility to determine the extent to which the disclaimers, exclusions, and limitations contained in this Agreement may be applied to you. Please note that nothing in this Agreement is intended to benefit any particular third party, and only the parties hereto shall have the standing to enforce any term of this Agreement.
In this paragraph, “loss” means a monetary amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can arise from a tangible or intangible detriment; from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.
Limited Time to Bring Claims. A party to this Agreement must bring any claim that a party may have against the other party that arises out of these terms of this Agreement or the Website within one (1) year after the claim arises. If a party fails to bring any claim that the party may have against the other party within this one (1) year period, the claim is permanently barred.
No Admissions. Nothing in this Agreement shall be construed as an admission or concession that the laws of any other jurisdiction apply to the Website, or to this Agreement.
Waiver of Jury Trial. Both parties agree that as part of their consideration for the terms of this Agreement, they waive the right to a trial by jury for any dispute arising between the parties related to the subject matter of this Agreement. The parties further agree that this waiver will be enforceable up to and including the day that trial is to start.
Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates this Agreement and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
Amusement Purposes. You understand and accept that our Website and Services is an entertainment and recreational service. Any user accessing our Website in an effort to engage in or facilitate illegal or tortious activities may be banned and reported to the appropriate law enforcement agency. Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this Agreement.
Suggestions. We appreciate and welcome any suggestions that you may have to improve the Website. You may send us any suggestions by contacting us. You agree that we can use any idea or suggestion you give to us royalty-free, worldwide, assignable, and in perpetuity without any attribution or compensation to you. We have no obligation to keep any suggestion you submit to us confidentially, regardless of any contrary notations in transmissions to us.
Third-Party Links. This Website may contain links to other websites operated by other entities that are completely independent of us. These linked websites are not under our control and we are not responsible for their contents or links. Including a link on this Website does not imply our endorsement of any linked website or its contents. You assume the risk of accessing any third-party site that might be linked to the Website. If you access any of these linked websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and subject to any user agreements or policies posted on or governing the use or access of such websites. We encourage you to review the user agreements and policies posted on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We disclaim any liability (direct or indirect) to you for any loss caused by your use or reliance on the content or services available on or through any linked website. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding the links, content, or services on those websites.
Abuse Warning. This Website operates as an interactive computer service platform and permits individuals to communicate with each other in various ways. As with any human interaction, some individuals may seek to abuse the Website, and its networking services, to annoy, harass, defraud, or otherwise harm other users. We do not tolerate such abuse, and any user engaging in such conduct risks termination and potential civil or criminal liability. This notification shall serve as a warning to our users of the potential for misuse of our Services. We urge you to use common sense when interacting with individuals through the Website and to report any instances of misconduct to customer support.
Entire Agreement. This Agreement and any other legal notice or agreement published by us on the Website forms the entire agreement between you and us concerning your use of the Website. It supersedes all prior terms, understandings, or agreements between you and us regarding the use of the Website. A printed version of this Agreement and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such a version of this Agreement shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Assignment and Delegation. We may assign any rights or delegate any performance under this Agreement without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
Severability. If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
Cumulative Remedies. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
Successors and Assigns. This Agreement inures to the benefit of, and is binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under this Agreement.
Force Majeure. We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; pandemics, 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, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
Expenses and Costs of Enforcement. If a court or tribunal of competent jurisdiction determines that a party violated this Agreement, and subject to the terms of Section 12 (Limitation of Liability and Exclusion of Damages) of this Agreement, the breaching party will reimburse the non-breaching party for all actual costs and reasonable attorney fees incurred in enforcing this Agreement.
Authorization and Permission to Send Emails to You. You authorize us to email you notices, advertisements, and other communications, including but not limited to emails, advertisements, and notices. You understand and agree that such communications may contain adult-oriented material, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
Electronic Signatures. You agree to be bound by any affirmation, assent, or agreement you transmit through this Website. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” “checkbox” or entry field with your mouse, keystroke, or other computer devices, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
English language. We have written this Agreement and our associated Website policies in the English language. You are representing your understanding and assent to the English language version of this Agreement as it is published. We are not liable to you or any third party for any costs or expenses incurred in translating this Agreement. In the event that you choose to translate this Agreement, you do so at your own risk, as only the English language version is binding.
Parental Controls Notice. You acknowledge your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. You are hereby informed that you can research such services by typing the words “parental controls” or similar terms, into an Internet search engine. We recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing our Website or the content received via our Services if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on our Website or Services from being displayed or accessed by Your children or wards.
You acknowledge and understand that we operate as the provider of an interactive computer service. Thus, we are immune from, and cannot be held responsible, in most circumstances, for claims arising from the publication or transmission of your content as well as the content of other users and third parties. We do not create such content, and we are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows us to remove or block any content found to be offensive, defamatory, obscene or otherwise violative of our policies, without impacting Our status as the provider of an interactive computer service. No third parties are intended to benefit from this Agreement between you and us.
California Residents. You may file a complaint with the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs online at www.dca.ca.gov or call 800.952.5210 to have a complaint form mailed to you. You understand and agree that by assenting to this Agreement, you waive any applicability of California Civil Code §1542 as it may be applied to your release of legal claims arising from your use of the Services.
Export Control. You understand and acknowledge that the software elements of the materials on the Website may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violations 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.
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.
Usages. In this Agreement, unless otherwise stated or the context otherwise requires, the following usages will apply:
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.
Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction, or effect of this Agreement.
Other Jurisdictions/Foreign Law. We make no representation that the Website, Services, 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 and Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in this Agreement shall be interpreted as an admission that the Website is subject to the laws of any nation besides the United States.
Compliance with Laws. You understand that we make no representation that the material available on this Website is appropriate or available for use in any particular location. You assume all knowledge of applicable law and are responsible for compliance with these laws.
Service Not Available in Some Areas. You are subject to the laws of the state, province, city, country, or other legal entity in which you reside and/or from which you access this Website. THIS WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or use this Website while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and this Agreement, and subject to having your account suspended or terminated without any notice to you. You hereby agree that this Website cannot be held liable if laws applicable to you restrict or prohibit your participation. This Website makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on this Website, nor shall any person affiliated, or claiming affiliation, with the Website have authority to make any such representations or warranties. We reserve the right to restrict access to this Website in any jurisdiction.
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