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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