| Terms
Service |
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 and our proprietary
software, or becoming a member to the SITE, you agree to be bound
by these Terms and Conditions. This Agreement is intended to be governed
by the Electronic Signatures in Global and National Commerce Act (E-Sign
Act). You manifest your agreement to these Terms and Conditions by
any act demonstrating your assent thereto, including clicking any
button containing the words “I agree” or similar syntax.
You may submit a paper copy of this transaction and print this form
for your personal records. You have the right to withdraw your consent
to use the E-Sign Act by emailing us. Your consent to use the E-Sign
Act is limited to providing the information on this form. Access to
this electronic record requires a simple browser program such as Internet
ExplorerTM or NetscapeTM and a computer. These Terms and Conditions
are subject to change by the SITE without prior notice, at any time,
in its discretion. Notification of any changes will be posted on this
page. You agree to review this page periodically to be aware of such
changes. If these changes are unacceptable to you, you must terminate
your membership as provided below. Your continued use of the SITE
following the effective date of any such changes constitutes your
full acknowledgement and acceptance of these changes..
If you do not agree to be bound by these Terms and Conditions, you
may not enter the SITE, you must exit the SITE immediately, you may
not use or access the SITE, and you may not print or download any
materials from them. You may use and access the SITE only in accordance
with these Terms and Conditions. Please consult these Terms and Conditions
regularly and read them carefully before using the SITE. You affirm
that you have read this Agreement and understand, agree and consent
to its Terms and Conditions.
You are solely responsible for obtaining access to the SITE and that
access may involve third party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment
necessary to access the SITE.
I. Images and Content
These SITE contain images and content, including but not limited to
text, software, images, graphics, data, messages, or any other information,
and any other World Wide Web Site owned, operated, licensed, or controlled
by SITE (collectively, “Materials”). All Materials displayed
on the SITE are protected by the First Amendment rights to Free Speech,
Free Expression and Freedom of the Press, and parallel provisions
of other constitutions. You acknowledge that the SITE may offer online
content that could be deemed “adult” or “erotic”
in nature. Additionally, you are on notice that some of the Materials
presented on the SITE may contain graphic visual depictions, graphic
audio, and descriptions of sexually oriented, explicit, offending,
or disturbing activities. You acknowledge that you are aware of the
nature of the Materials provided by the SITE, that you are not offended
by such Materials and that you access the SITE freely, voluntarily
and willingly. You also acknowledge that this SITE is intended to
contain only images protected by the First Amendment to the United
States Constitution. If you are seeking information regarding illegal
activities, please leave this SITE immediately. You are further aware
of the community standards of your community, and you will only access
the content on the SITE if you believe, upon diligent investigation,
that the content on the SITE does not offend the community standards
prevalent in your community. You further agree not to use or access
the SITE if doing so would violate the laws of your state, province
or country.
II. Age of Majority and Membership
A. Age of Majority
You represent and warrant you are at least 18 or 21 years of age,
depending on the age of majority in your jurisdiction, and that you
have the legal capacity to enter into this Agreement. If you are not
at least 18 or 21 years of age, depending on the age of majority in
your jurisdiction, you must exit the SITE immediately and may not
use or access the SITE or print or download any Materials from them.
You may be asked to verify your birth date on the Birth Date Verifier™
form as a condition of entry onto the SITE, pursuant to 28 U.S.C.
?1746. 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 user’s 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 person’s
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. Subscription fees are non-refundable, and you are
responsible for any credit card charge backs, dishonored checks and
any related fees that we incur with respect to your account.
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
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. Membership and subscription fees
are nonrefundable. 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 account will be
deemed past due if it is not paid in full by the payment due date.
If your account becomes past due more than thirty (30) days after
the invoice date, you agree to pay interest on the past due amount
at a monthly rate of 1.5%, or the highest amount allowed by law, whichever
is lower, compounded daily, plus any additional collection costs,
credits, charge backs and attorney’s fees. 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.
E. Download Limit
As a member in good standing, you may download up to 500 MB of data
each day. Upon reaching this limit, you may be denied access to download
any additional data until the beginning of the next day.
F. Casino Games
Any and all casino-style video games within Pandora's Box or connected
to therefrom are for entertainment purposes only and do not pay out
money for any winnings. Of course, nor will you owe anything for losses.
Any casino-style games promoted in any free area we operate (ie. Pandora4Free)
may or may not pay out cash for winnings, but if done so, are done
by a third-party by which PB3X, LLC is merely an affiliate of but
not of the same company. PB3X, LLC will not be held responsible for
any legal actions arising with third-party sponsors.
VII. Termination
You may cancel your membership at any time by sending an email to
the SITE and providing: (a) our customer service department with a
notice of your intent to cancel the membership along with your user
name and password; and (b) any outstanding fees owed for your membership.
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. In the event that your account is canceled by
you, no refund, including any membership fees, will be granted; no
online time or other credits will be credited to you or can be converted
to cash or other form of reimbursement. This Agreement’s 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 INTERUPTION, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY
PERSON’S 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 AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED
THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITE FOR
A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE
CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
XI. Indemnity
You agree to defend, indemnify, and hold harmless the SITE, its officers,
directors, shareholders, employees, independent contractors, telecommunication
providers, and agents, from and against any and all claims, actions,
loss, liabilities, expenses, costs, or demands, including without
limitation legal and accounting fees, for all damages directly, indirectly,
and/or consequentially resulting or allegedly resulting from your,
or you under another person’s authority including without limitation
to governmental agencies, use, misuse, or inability to use the SITE
or any of the Materials contained therein, or your breach of any of
these Terms and Conditions. SITE shall promptly notify you by electronic
mail of any such claim or suit, and cooperate fully (at your expense)
in the defense of such claim or suit. We reserve the right to participate
in the defense of such claim or defense at its own expense, and choose
its own legal counsel, but are not obligated to do so.
XII. Links and Linking
Some websites which are linked to the SITE are owned and operated
by third parties. Because the SITE has no control over such websites
and resources, you acknowledge and agree that SITE is not responsible
or liable for the availability of such external websites or resources,
and does not screen or endorse them, and is not responsible or liable
for any content, advertising, services, products, or other materials
on or available from such websites or resources. You further acknowledge
and agree that SITE shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such third-party
content, goods or services available on or through any such website
or resource. If you decide to access any such third party website,
you do so entirely at your own risk and subject to any terms and conditions
and privacy policies posted therein. Users further acknowledge that
use of any website controlled, owned or operated by third parties
is governed by the terms and conditions of use for those websites,
and not by this SITE’s Terms and Conditions, Spam Policy, Webmaster
Agreement, or Privacy Policy, which are incorporated by reference.
Links to external websites or the featured model’s 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
SITE’s 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 SITE’s 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 SITE’s 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 owner’s behalf.
You may send your Notice of Claimed Infringement to:
Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Phone: (407) 389-4529
Fax: (407) 774-6151
Larry@LawrenceWalters.com
Please do not sent other inquires or information to our Designated
Agent.
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 another’s copyright, according to the procedure
set forth in 17 U.S.C. ?512 of the Digital Millennium Copyright Act
(“DMCA”). The SITE’s DMCA Notice Procedures are
set forth in the preceding paragraph. If the notice does not comply
with Paragraph 19 and ?512 of the DMCA, but does comply with three
requirements for identifying SITE that are infringing according to
?512 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 SITE’s performance.
XXII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise
relating to these Terms and Conditions shall be governed by the laws
of the State of Florida, excluding its conflict of law provisions.
The parties agree that the United Nations Convention on Contracts
for the International Sale of Goods is specifically excluded from
application to these Terms and Conditions. The parties hereby submit
to the personal jurisdiction of the state and federal courts of the
State of Florida. Exclusive venue for any litigation or arbitration
permitted under this Agreement shall be with the state and federal
courts located in Seminole County, Florida.
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 worker’s
compensation law, unemployment insurance claims, actions for injunctions,
attachment, garnishment, and other equitable relief. The arbitration
shall be conducted in Seminole County, Florida, 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. Attorney’s 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 attorney’s fees and costs incurred in connection
therewith, including attorney’s 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 SITE’s
posting of any changes to these Terms and Conditions constitutes your
acceptance of such changes. The SITE does not and will not assume
any obligation to provide you with notice of any change to these Terms
and Conditions. Unless accepted by SITE in writing, these Terms and
Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private
expense and are “commercial computer software” or “restricted
computer software” within the meaning of the FARs, the DFARs,
and any other similar regulations relating to government acquisition
of computer software. Nothing contained herein will be deemed to:
(1) grant any government agency any license or other rights greater
than are mandated by statute or regulation for commercial computer
software developed entirely at private expense, or (2) restrict any
government rights in any extensions or custom solutions provided hereunder
and developed at government expense. You further agree not to upload
to our SITE any data or software that cannot be exported without prior
written government authorization, including, but not limited to, certain
types of encryption software. This assurance and commitment shall
survive termination of this Agreement.
L. Other Jurisdictions
SITE makes no representation that the SITE or any of the Materials
contained therein are appropriate or available for use in other locations,
and access to them from territories where their content may be illegal
or is otherwise prohibited. Those who choose to access the SITE from
such locations do on their own initiative and are solely responsible
for compliance with all applicable local laws.
COMPLAINTS – CALIFORNIA RESIDENTS The Complaint Assistance Unit
of the Division of Consumer Services of the Department of Consumer
Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento,
CA 95814. |
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