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These Website User and Membership Terms and Conditions govern your use
and access to and/or membership in the following web sites, which
currently includes: jbvideo.com, jbvideos.net jbcatalog.net
(collectively, the 'SITES,' or individually, a 'SITE' or 'we/our').
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.
I. Images and Content
These SITES 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 U.S. 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
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. 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.
You hereby acknowledge that You understand that the SITE (and all
persons affiliated therewith) does not authorize and strictly
prohibits the accessing, viewing, downloading, duplication, receiving,
transmission, broadcasting or other use of the Materials contained on
the Website to or by any person, INCLUDING YOU, who is located in any
of the areas designated as PROHIBITED AREAS.
You further acknowledge that You understand and agree that any and all
unauthorized access, viewing, downloading, receipt, duplication or
other use of Materials from the Website, in which You are directly or
indirectly involved, including, but not limited to accessing, viewing,
downloading, receiving or other use of Materials in PROHIBITED AREAS
in any manner shall constitute intentional infringement(s) of the
SITE's and potentially others' intellectual property rights and other
rights in such Materials and shall further constitute a violation of
SITE's (and anyone associated with it) trademark and other rights,
including, but not limited to, rights of privacy. Further any access
to Materials or any part of the Website from PROHIBITED AREAS shall
constitute access to stored communications in excess of authority
granted to do so and violates SITEs intellectual property rights and
may violate 18 U.S.C. Sections 2510-2520 and other civil and criminal
laws.
PROHIBITED AREAS. All of the following areas constitute PROHIBITED
AREAS from which no part of the Website may be accessed, viewed,
downloaded or otherwise received:
All parts of the following countries: Afghanistan, Germany, Kuwait,
Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China,
Singapore, Saudi Arabia, Syria, The United Arab Emirates and
All parts of every other geophysical place corresponding to a
political entity or part thereof in which the access, viewing,
downloading, dissemination of, or other use of the materials contained
in the Website would constitute a violation of any law, regulation,
rule or custom.
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 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. 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. You are
responsible for 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. 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. THIS SITE USES AN AUTOMATIC REBILL CYCLE ACCORDING TO THE
USER'S SELECTED PAYMENT OPTION. Subscriber's subscription to the
service will be automatically renewed upon expiration of the initial
term, unless SITE is notified via our online Customer Service Area at
https://support.ccbill.com/? or subcsriber chooses the one month
non-recurring option or the VOD pay per minute option. Credits issued
by VOD system are non-refundable and will expire when used by
subscriber. 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.
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
https://support.ccbill.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
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. 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.
XVI. 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.
XVII. 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.
XVIII. 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.
XIX. 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.
XX.VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION.
A. This Agreement shall be governed by and construed under the laws of
the State of CALIFORNIA and the United States as applied to agreements
between California state residents entered into and to be performed
within the State of CALIFORNIA, except as governed by Federal law. The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. Any disputes
arising under this Agreement shall be resolved by arbitration.
B. UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement
is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable. Failure
of the Company to enforce any provision shall not be deemed to be a
waiver of any rights to enforce any provision.
C. 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.
D. 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.
E. 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.
XXI. AFFIRMATION OF AGREEMENT. You hereby acknowledge and affirm that
You have read this Entire agreement and that You AGREE to all its
terms and conditions by CLICKING WHERE INDICATED BELOW and by
authorizing the use of Your credit card for payment of charges and
fees for You maintaining a membership to SITE and for any other
charges which You may incur for goods or services ordered at or in
association with the SITE.
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