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