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 FireFoxTM 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's express prior written
consent. Without the express prior written
authorization of the SITE, you may not: (a)
duplicate the SITE or any of the Materials
contained therein (except as expressly provided
above in Paragraph IV); (b) create derivative
works based on the SITE or any of the Materials
contained therein; (c) use the SITE or any of
the Materials contained therein for any public
display, public performance, sale or rental; (d)
re-distribute the SITE or any of the Materials
contained therein; (e) remove any copyright or
other proprietary notices from the SITE or any
of the Materials contained therein; (f) frame or
utilize any framing techniques in connection
with the SITE or any of the Materials contained
therein; (g) use any meta-tags or any other
hidden text using the SITE name or marks; (h)
deep-link to any page of the SITE (including the
homepage); (i) circumvent any encryption or
other security tools used anywhere on the SITE
(including the theft of user names and passwords
or using another 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 3 day trial
membership renews at the monthly rate if the
subscriber has not cancelled 24 hours prior to
the expiration date. Monthly membership renews
at the monthly rate if the subscriber has not
cancelled 72 hours prior to expiration.
Membership fees to the SITE are prominently
displayed prior to your subscription thereto.
You agree to pay all membership fees when due
according to these billing terms. At the time of
registration, you must select a payment method.
SITE reserves the right to contract with a third
party to process all payments. Such third party
may impose additional terms and conditions
governing payment processing. Your card issuer
agreement may contain additional terms with
respect to your rights and liabilities as a card
holder. You agree to pay all amounts due to us
immediately upon cancellation or termination of
your account. We reserve the right to make
changes to our fees and billing methods,
including the addition of supplemental charges
for any content or services provided by the
SITE, with or without prior notice to you, at
any time. THIS SITE USES AN AUTOMATIC REBILL
CYCLE ACCORDING TO THE USER's SELECTED PAYMENT
OPTION.
D.
Billing Errors - If you believe that you have
been erroneously billed, please notify us
immediately of such error. If we do not hear
from you within thirty (30) days after such
billing error first appears on any account
statement, such fee will be deemed acceptable by
you for all purposes, including resolution of
inquiries made by your credit card issuer. You
release us from all liabilities and claims of
loss resulting from any error or discrepancy
that is not reported to us within thirty (30)
days of its publication.
VII. Termination
You may cancel your
membership at any time by visiting
http://www.billingsupport.com
if you signed up via
Epoch. 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'S 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
A.
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.
B. You also realize that by signing up to this
website we may, from time to time, email you
with special offers related to the site/network
of sites you have signed up to and to hold us
harmless for such emails. At no time will we
ever sell or trade your email, and our marketing
emails will only be for specific products we
feel may be of interest to you, with the option
for you to opt out at anytime.
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: support@kaijack.biz
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 Arizona, excluding its conflict
of law provisions. The parties hereby submit to
the personal jurisdiction of the state and
federal courts of Arizona. Exclusive venue for
any litigation or arbitration permitted under
this Agreement shall be with the state and
federal courts located in Arizona.
B.
Rights to Injunctive Relief - Both parties
acknowledge that remedies at law may be
inadequate to provide an aggrieved party with
full compensation in the event of the other
party's breach, and that an aggrieved party
shall therefore be entitled to seek injunctive
relief in the event of any such breach, in
addition to seeking all other remedies available
at law or in equity.
C.
Binding Arbitration - If there is a dispute
between the Parties arising out of or otherwise
relating to this Agreement, the Parties shall
meet and negotiate in good faith to attempt to
resolve the dispute. If the Parties are unable
to resolve the dispute through direct
negotiations, then, except as otherwise provided
herein, either Party may submit the issue to
binding arbitration in accordance with the
then-existing Commercial Arbitration Rules of
the American Arbitration Association. Arbitral
Claims shall include, but are not limited to,
contract and tort claims of all kinds, and all
claims based on any federal, state or local law,
statute, or regulation, excepting only claims
under applicable workers compensation law,
unemployment insurance claims, actions for
injunctions, attachment, garnishment, and other
equitable relief. The arbitration shall be
conducted in Phoenix, Arizona, 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. |
