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TERMS AND CONDITIONS OF ACCESS AND USE OF JOANNASANGELS.COM |
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LEGAL NOTICE: YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT IS REQUIRED FOR YOU TO ACCESS OR USE JOANNASANGELS.COM,
AN AGE- RESTRICTED WEB SITE (“WEB SITE”). IF YOU DO NOT AGREE TO THE TERMS
AND CONDITIONS, SET FORTH BELOW, YOU WILL NOT BE AUTHORIZED NOR HAVE
PERMISSION TO ACCESS DATA ON OUR SERVERS AND WILL NOT BE AUTHORIZED TO
ACCESS, VIEW, DOWNLOAD OR OTHERWISE USE ANY OF THE CONTENT OR OTHER MATERIALS
ON, OR ASSOCIATED WITH, THE WEB SITE. |
2.1. INTENDED FOR
CONSENTING ADULTS ONLY.
ALL CONTENT AND OTHER MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED IN, AT OR AVAILABLE THROUGH OR IN ASSOCIATION WITH, THE WEB SITE, ARE
INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS LOCATED IN LOCATIONS
WHERE SUCH MATERIALS, MESSAGES AND OTHER COMMUNICATIONS NEITHER EXCEED THE
CONTEMPORARY COMMUNITY STANDARDS OF THE COMMUNITY IN WHICH SUCH ADULTS ARE
LOCATED NOR VIOLATE ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED
STATES, ANY STATE THEREOF, OR ANY OTHER COUNTRY.
2.2. ACKNOWLEDGMENT OF MATERIALS OF A SEXUAL NATURE.
YOU HEREBY ACKNOWLEDGE THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS
PRESENTED AT, DOWNLOADABLE FROM, OR OTHERWISE AVAILABLE IN, AT, THROUGH OR IN
ASSOCIATION WITH, THE WEB SITE, INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL
DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL,
BI- SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL
NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT
OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS
YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY
SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
3. ACCESS AND USE RESTRICTED TO ADULTS ONLY; ACCESS OR USE BY A
MINOR IS A VIOLATION OF CIVIL AND CRIMINAL LAWS.
3. 1. AGE RESTRICTED ACCESS. NO PERSONS UNDER THE AGE OF
EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN
(18)YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY
VIEW, POSSESS OR OTHERWISE USE ANY OF THE CONTENTS OF THE WEB SITE, OR
ANY MATERIALS OTHERWISE AVAILABLE IN, AT, THROUGH OR IN
ASSOCIATION WITH, THE WEB SITE, OR PLACE ANY ORDERS FOR ANY GOODS
OR SERVICES ADVERTISED IN, AT, THROUGH OR IN ASSOCIATION WITH, THE
WEB SITE.
3.2. ACKNOWLEDGMENT THAT ACCESS OR USE BY MINOR CONSTITUTES
VIOLATIONS OF CIVIL AND CRIMINAL LAWS. You hereby
acknowledge that You
understand and hereby agree that any access to the age restricted parts of the
Web Site or any age restricted Materials otherwise available in, at, through or
in association with, the Web Site, in any manner, by a minor or by a person
assisting a minor to access any such restricted parts of the Web Site, shall
constitute unauthorized accessing of the Company’s computers and databases in
excess of the authorization expressly granted by the Company in this Agreement,
and shall comprise a violation of The Stored Communications Act (18 U.S.C. §§
2701- 2710), trespass to chattels, intentional copyright infringement(s) of the
Company's, and potentially others', copyrights protected under the laws of the
United States and other countries, intentional infringements of the Company's
trademarks and potentially other serious violations of civil and criminal laws.
3.3 AFFIRMATION OF CURRENT ADULT STATUS. YOU HEREBY AFFIRM
AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18)
YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE
OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL
THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
4. GRANT OF LIMITED LICENSE.
4.1 Limited Non-Exclusive License. In consideration of
representations, warranties, acknowledgments, and other agreements made by You,
as set forth in this Agreement, and subject to the terms and conditions set
forth in this Agreement, the Company hereby grants You access to the Web Site
solely for Your private personal entertainment, educational and non-commercial
use, as provided by the Company.
4.2 Extent of Access Determined by Type of Membership. If
the Web Site offers a Membership option, the extent of Your access rights to
the Content, and other Materials accessible through, the Web Site will be
determined by the type of membership You purchase.
4.3 Agreement And Rights Of Access Subject To Change. You
agree that this Agreement and Your right to access the Web Site, or any parts
thereof, are subject to change by the Company at any time and changes shall
become effective upon notice to You or Members generally by e-mail, posting at,
or via hyperlink to, the Web Site, or by mail. You may not alter, delete, add,
edit or otherwise change any of these terms and conditions, and any such
attempted alteration shall be void and of no effect.
4.4 Important Access And Use Restrictions. You acknowledge and
agree that all Content and other Materials contained in, at or available
through or in association with, the Web Site are proprietary and constitute
valuable intellectual property owned by the Company or others who have licensed
use of, or access to, such Materials to the Company. As such, You acknowledge
and agree that You may access, view, download, receive and otherwise use the
Materials available in, at, through or in association with, the Web Site only
as specifically authorized by the Company and only in accordance with these
terms and conditions and other restrictions posted on the Web Site. You may
access and use such Materials only on one computer at a time and, if
downloadable copies of the Materials are made available to You, You may make
only a single copy of such Materials for Your own personal noncommercial use
and enjoyment. You further acknowledge that the Company specifically prohibits
You from doing any of the following acts, and You agree and warrant that You
will not to do any of these prohibited acts:
4.4.1. permit other individuals to directly or indirectly use
the Materials;
4.4.2. modify, translate, reverse engineer, decompile,
disassemble, any part of the Web
Site, any Content or other Materials, or any feature or function available in,
at, through or in association with, the Web Site (except to the extent
applicable laws specifically prohibit such restriction);
4.4.3. make copies or create derivative works based on the
Content or other Materials,
except as provided herein;
4.4.4. rent, lease, or transfer any rights in the Materials;
4.4.5. remove any proprietary or legally required notices or
labels on the Materials;
4.4.6. rebroadcast or otherwise transmit the Materials via the
Internet or any other means;
4.4.7. view or otherwise use Materials in the presence of any
person who is a minor, as
defined in the jurisdiction in which You make such use; and
4.4.8. make any other use of the Materials not expressly
permitted herein.
4.5 No Unauthorized Use or Access. You further represent and
warrant to the Company that Your agreement to these terms and conditions
constitutes an agreement that You shall not access, or attempt to access, any
Materials available in, at, through or in association with, the Web Site in a
manner not expressly authorized by the Company. You agree and warrant that You
shall at no time access, view, download, receive or otherwise use, or cause or
enable others to access, view, download, receive or otherwise use, Content or
other Materials, directly or indirectly in geographic locations which the
Company does not authorize such access, viewing, downloading, receipt or other
use.
4.6 Acknowledgment of Restricted Location Access. You
hereby acknowledge and understand that neither the Company nor any persons
affiliated therewith authorize the accessing, viewing, downloading,
duplication, receiving, transmission, broadcasting or other use of the
Materials contained in, at, or available through or in association with, the
Web Site, by any person, INCLUDING YOU, who is located in any of the areas designated
as PROHIBITED AREAS (see Paragraph 5 below).
4.7 Use Exceeding Authorization Violates Civil And Criminal Law.
All the intellectual property available in, at, through, or in association
with, the Web Site is either owned by or licensed to the Company. The Company
reserves all rights to restrict the access to, and to restrict the duplication
and distribution of, all such intellectual property. The Company also reserves
the right to restrict access to all or part of the Web Site and to its computer
databases. You hereby acknowledge that You understand and hereby agree that any
and all unauthorized access, viewing, downloading, receipt, duplication or
other unauthorized use of the Web Site, Materials available in, at, through or
in association with, the Web Site, or the Company’s computer databases,
including, but not limited to, accessing, viewing, downloading, receiving or
other use of Materials in any PROHIBITED AREAS (see Paragraph 5 below), in any
manner, by You, directly or indirectly, shall constitute intentional copyright
infringement(s) of the Company's, and potentially others', copyrights protected
under the laws of the United States and other countries, and shall further
constitute trespass to chattels and intentional infringements of the Company's
trademarks. Moreover, You acknowledge and agree that any accessing of Materials
available in, at, through or in association with, the restricted parts of the
Web Site, from any PROHIBITED AREA (see Paragraph 5 below), or any other
unauthorized use or unauthorized accessing of restricted parts of the Web Site
or Materials, in whole or in part, in excess of the authorization expressly
granted by the Company in this Agreement, shall comprise a violation of The
Stored Communications Act (18 U.S.C. §§ 2701- 2710). Intentional violation of
the Company’s copyrights could subject You to statutory damages of up to
$150,000 per infringement.
5. PROHIBITED AREAS. All of the following areas constitute
PROHIBITED AREAS from which no part of the Web Site, or any age restricted
Content or other Materials available in, at, through, or in association with,
the Web Site, may be accessed, viewed, downloaded or otherwise received:
5.1. Prohibited Access Areas In The United States. All parts
of the United States of America corresponding to the entire areas corresponding
to United States Postal Service zip codes commencing with any of the following
three digits:
PROHIBITED ACCESS AREAS IN THE UNITED STATES
PLEASE CLICK ON THE HYPERLINK ABOVE TO ACCESS A LIST OF ZIP CODES
IDENTIFIED BY THEIR FIRST THREE DIGITS LISTING THE PROHIBITED AREAS IN THE
UNITED STATES FROM WHICH YOU ARE NOT AUTHORIZED TO ACCESS OR USE WEB SITE OR
WEB SITE MATERIALS.
IMPORTANT:
EACH TIME YOU WISH TO ACCESS THE WEB SITE, PLEASE CHECK TO SEE IF YOU ARE IN A
PROHIBITED ZIP CODE. IF SO, YOU MAY NOT ACCESS ANY MATERIALS FROM A PROHIBITED
ZIP CODE LOCATION. WARNING: ACCESSING THE WEB SITE FROM A PROHIBITED LOCATION
WILL CONSTITUTE COPYRIGHT INFRINGEMENT, TRESPASS AND A VIOLATION OF THE FEDERAL
STORED COMMUNICATIONS ACT (18 U.S.C. §§ 2701- 2710).
5.2
Prohibited Areas Of Access Outside The United States
5.2.1 All parts of the following countries: Afghanistan, Algeria,
Chad, Germany, Kuwait,
Indonesia, Iran, Iraq, Japan, Jordan, Lebanon, Libya, Micronesia, Morocco,
North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi
Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Islamic
law; and
5.2.2 All parts of every other geophysical place corresponding
to any political entity or
part thereof in which accessing, viewing, downloading, dissemination of, or
other use of the Content or other Materials contained in the Web Site would
constitute a violation of any law, regulation, rule or custom.
6. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS.
You
agree to be personally liable and fully indemnify the Company and its
successors and assigns for any and all damages directly, indirectly and/or
consequentially resulting from any attempted or actual unauthorized, accessing
of the Web Site or the Company’s other computer databases, downloading,
duplication or other unauthorized use of the Web Site or any Content or other Materials
available in, at, through or in association with, the Web Site by You, alone,
or with, or under the authority of, any other person(s), including, without
limitation, any governmental agency(ies), wherein such damages include, without
limitation, all direct and consequential damages directly or indirectly
resulting from such unauthorized activities, including, without limitation,
attorney’s fees and all litigation costs.
7. TRIAL AND MONTHLY MEMBERSHIPS; FEES. Should the Company
offer a trial
membership to a member restricted area of the Web Site, by accepting a such a
trial membership to
the Web Site or by accessing the Content available in, at, through or in
association with the restricted parts of the Web Site, You authorize the
charges set forth below (and/or posted elsewhere in the Web Site in association
with the offer of trial membership) and You agree to the following terms and
conditions:
7.1. Length Of Trial Membership. Your trial membership will
entitle You full access of
Web Site for 30 DAYS starting on the first day You submit Your trial membership
application or Your Membership fee payment information at our registration,
payment or check out page.
7.2. Non-Canceled Trial Membership Will Automatically Convert To A
RECURRING
MONTHLY MEMBERSHIP. You agree that if You do not send the
Company notice of cancellation of Your trial membership at least ONE (1) DAY
prior to the expiration of Your trial membership term, the Company shall
automatically and without further notice:
7.2.1 convert Your trial membership to a standard RECURRING
MONTHLY MEMBERSHIP to the Web Site at the then current standard monthly rate;
and
7.2.2 renew Your RECURRING MONTHLY MEMBERSHIP to the Web Site
for successive periods of one month each at the then current standard one-month
RECURRING MONTHLY MEMBERSHIP rate.
7.3. All Membership Fees And Other Fees Subject to Change. All
Membership and other
fees for services available in, at, through or in association with Web Site,
are subject to change at any
time at the sole and absolute discretion of the Company. The official current
standard one-month membership rates for the Web Site shall be set forth at the
following link: CURRENT MEMBERSHIP RATES
7.4 Registration Information. To become a member and
access the restricted parts of the
Web Site, You may be asked to provide certain registration details or other
information. It is a condition of Your use of the Web Site that all the
information You provide in, on, through, or in association with, the Web Site
will be correct, current, and complete. If Company believes the information You
provide is not correct, current, or complete, the Company has the right to
refuse Your access to the Web Site or any of its features, functions, Content
or other Materials, and to terminate or suspend such access at any time.
8. CANCELLATION.
8.1. CANCELING AUTOMATIC RENEWAL AT END OF TRIAL PERIOD. TO
CANCEL AUTOMATIC RENEWAL AT THE END OF ANY TRIAL MEMBERSHIP PERIOD, YOU MUST
NOTIFY THE COMPANY AT LEAST ONE (1) DAY PRIOR TO THE END OF THE TRIAL
MEMBERSHIP PERIOD BY CONTACTING THE COMPANY BY E-MAIL, AT THE THEN CURRENT
E-MAIL ADDRESS, AS PROVIDED AT http://www.burningangel.com/contact.php
8.2. CANCELING AUTOMATIC RENEWAL OF RECURRING MONTHLY MEMBERSHIP.
TO CANCEL YOUR RECURRING MONTHLY MEMBERSHIP YOU MUST NOTIFY THE COMPANY OF YOUR
CANCELLATION BY E-MAIL, AT THE THEN CURRENT E-MAIL ADDRESS AS PROVIDED AT http://www.burningangel.com/contact.php
AT LEAST SEVEN (7) DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT
MEMBERSHIP TERM.
8.3. All Cancellations Effective Upon Receipt. All
cancellations received by the Company
will be effective upon receipt.
8.4. No Refunds For Unused Portion Of Monthly Membership.
You hereby acknowledge
and agree that if You cancel Your monthly membership, or if Your membership is
canceled by the
Company, Your username and password will be removed from the system at the end
of the then
current monthly membership period and that You will be entitled to receive the
full benefits of Your
monthly membership until the end of such period. You shall not be entitled to
any pro-rated or partial refund if You cancel Your monthly membership before
the end of the then current monthly membership period. You agree that if You
cancel at any time after purchasing a monthly membership
to the Web Site (e.g., 20 minutes after You sign up), You will still be charged
the full month’s
membership fee.
8.5. Company Reserves Right To Cancel Any Membership And Issue Refunds.
The
Company may, at any time and at its sole discretion, cancel any trial
membership or any monthly
membership; provided, however, that if the Company cancels any trial membership
prior to its
expiration, the Company shall provide a pro-rata refund for the remaining
portion of the canceled
month’s membership by automatic credit.
9. RESERVED RIGHT TO DISCONTINUE ANY FEATURE OF WEB SITE. You
acknowledge
and agree that the Company and third party Content providers may temporarily or
permanently, modify, diminish or discontinue entirely any feature, function,
service or part of the Web Site or Membership, if Memberships are offered by
the Company, or any Content or other Materials available in, at, through or in
association with, the Web Site, at any time, in the Company’s sole discretion,
or, as relevant, in the sole discretion of the applicable third party Content
provider(s).
10. PAYMENT PROCESSING AUTHORIZATION. You hereby authorize the
Company and the
Company’s Internet Payment Service Providers and other authorized agents and
assigns (“Authorized Processors”) to charge Your credit card to pay for Your
trial membership fee, if any, and all monthly membership fees, including
RECURRING MONTHLY MEMBERSHIP FEES, if any, to the Web Site at the then current
standard monthly membership rate. You further authorize the Authorized
Processors to charge Your credit card for any and all purchases of products,
services and entertainment available through, at, in or on, or provided by, the
Web Site. You agree to be personally liable for all charges incurred by You
during or through the use of Web Site. Your liability for such charges shall
continue after termination of Your membership.
10.1 Only You May Enter Your Credit Card Information Into Forms At Or,
Associated With, The Web Site. You acknowledge, agree and warrant that
the name, account number, expiration date, security code, if any, and all other
information relating to any credit card you use to pay for your Membership or
any other any service or products in, at, through or in association with, the
Web Site, was and, at all times, shall be entered by only You at credit card
data forms and data request prompts located in, at or associated with, the Web
Site.
11. DEACTIVATION OF PASSWORD OR ACCESS CODE FOR LACK OF ACTIVITY.
If Company issues You a Password or access code for the Web Site’s restricted
areas or for other access to Content or other Materials available in, at,
through or in association with, the Web Site, and You fail to use that Password
or access code within seventy-two (72) hours after You have been given such
Password or access code, the Company may in its sole and exclusive discretion
deactivate such Password and/or access code.
12. PAYMENT AUTHORIZATION.
12.1. Generally. Payment for the services provided to You in,
at, through or in association
with the Web Site may be made by automatic credit card debit, debit card,
online checks, Short Message Signal (“SMS”) billing, and other approved payment
means offered in, at, through or in association with, the Web Site, and You
hereby authorize Company and its agents to transact such
payments on Your behalf.
12.2 Authorization To Charge Your Credit Card. You hereby
authorize the Company, its
assigns, successors and its billing agents, including, its Internet Payment
Service Providers, to charge Your credit card to pay for Your Membership to the
Web Site. You further authorize the Company to charge Your credit card for any
and all purchases of products, services and other entertainment available in,
at, through, or in association with, the Web Site. You agree to be personally
liable for all charges incurred by You in association with Your access or other
use of any live shows or other Content provided by the Company or any third
party in association with the Web Site. You acknowledge and agree that Your
liability for all such charges shall continue after termination of Your access
or any type of membership arrangement with the Company.
12. 3. Authorization To Charge Your Credit Card Or Other Selected
Payment Means For
Automatic Renewals Of Your Monthly Recurring Membership.
Unless and until You notify
the Company that You wish to cancel or terminate Your Membership to Web Site,
You hereby agree and authorize Company, its assigns, successors, and designated
payment processing agents, including its Internet Payment Service Processors,
to automatically renew Your Membership to the Web Site on a continuing monthly
basis and to charge Your credit card (or other payment means you have selected)
to pay for the ongoing cost of Your Membership. You hereby further authorize
the Company, its assigns, successors, and designated payment processing agents,
including its Internet Payment Service Processors, to charge Your credit card
(or other approved payment means you have selected) for any and all purchases
of products, services and entertainment provided to in, at, through or in
association with, the Web Site.
12.4. Obligation To Report Lost Or Stolen Credit Card. You
further agree that as a Member
of the Web Site, You must promptly inform Company of any and all the following:
loss or theft of the credit card, debit card or information theft associated with
the online checking account or other selected payment means used to pay for
Membership to the Web Site or other goods or services obtained in, at, through,
or in association with, the Web Site; changes in the expiration date of the
credit card; changes in home or billing address; apparent breaches of security
regarding Your Membership, such as loss, theft, unauthorized disclosure of
unauthorized use of an ID, access code or Password; and all other changes
pertaining to Your credit card, debit card, online checking or other payment
account used to pay for services or products in, at, through or in association
with, the Web Site, pursuant to this Agreement, or otherwise, which may affect
the Company's ability to expeditiously obtain payments due to the Company. You
agree that You will remain liable for any unauthorized use of the Web Site and
use of any services or products obtained in, at, through or in association
with, the Web Site or Your Membership, until You have notified Company’s
Customer Service by electronic mail at customerservice@joannasangels.com
or by conventional mail at PO box 111014 Brooklyn, NY, 11211.
12.5. Fraudulent Reporting Of Unauthorized Credit Card Charge;
Liquidated Damages. You hereby agree that any fraudulent reporting
of a lost or stolen credit card used to obtain goods or services in, at,
through, or in association with, the Web Site, the Company or any third party
service provider or affiliate related thereto, or any fraudulent reporting of
an unauthorized charge to Web Site on Your credit card, which has been made by
You or anyone under Your authority, at a time when a charge or other obligation
for payment for goods and/or services to the Web Site or a related third party
remains outstanding at the time of such fraudulent reporting, shall cause You
to be liable to the Company for liquidated damages of $25,000.00 for each
instance of such fraudulent activity. The liability for liquidated damages
specified in this Paragraph shall not limit any other liability You may have
for breach(es) of any other terms, conditions, promises or warranties set forth
in this Agreement, or for any infringements of the Company’s or any other
person’s or entity’s intellectual property rights or the infringement of any
other rights or violations of any laws.
12.6. Responsibility For Unauthorized Use Of Web Site. You
further acknowledge and agree that You will remain liable to the Company for
any unauthorized use of the Web Site or Materials or services associated with
the Web Site or Your Membership that is due to Your negligence or any
intentional acts in which You were directly or indirectly involved. You further
agree that You will remain liable for any such unauthorized use until You have notified
Company’s Customer Service Representative by electronic or conventional mail at
the address listed at customerservice@joannasangels.com
13. DISPUTING CHARGES. TO DISPUTE OR CANCEL ANY ERRONEOUS
CHARGE, YOU MUST CONTACT THE COMPANY BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE
THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT
customerservice@joannasangels.com.
14. NOTICES TO COMPANY, USERS OR MEMBERS. Notices from the Web
Site to You may be given by means of electronic messages, by general posting on
the Web Site, or by conventional mail. Communications from You to the Company
may be made by electronic messages or conventional mail, unless otherwise
specified in the Agreement. All notices to the company shall be sent by
electronic mail, or by conventional mail, to the addresses listed at http://www.joannasangels.com/contact.php
15. TERMINATION OF MEMBERSHIP. Subject to the cancellation
policy and procedures set forth in this Agreement, either the Company or You
may terminate Your Membership at any time without cause. Your liability for all
charges incurred during Your Membership term shall continue after Termination
of Your Membership for any reason.
16. YOU MAY NOT TRANSFER OR ASSIGN YOUR MEMBERSHIP, ACCESS RIGHTS OR OTHER
PRIVILEGES. You shall not, under any circumstances, have the right to
transfer or assign Your membership, rights of access to the Web Site or any
Content or other Materials available in, at, through or in association with,
the Web Site, or any other rights or privileges granted to You by the Company,
or any other party in association with the Web Site, to any other person or
entity, and that any attempted transfer or assignment of any such rights shall
be void.
17. PASSWORD SECURITY. Access to and use of “members-only” or
otherwise restricted
areas of the Web Site is through the use of a password. Any passwords used for
the Web Site are for individual use only. You will be responsible for the
security of Your password. Each Member must keep his or her password strictly
confidential, and You hereby agree to do so. The Company will be entitled to
monitor Your password and, at its discretion, require You to change it. If You
use a password that the Company considers insecure, the Company will be entitled
to require the password to be changed and/or terminate Your account. You agree
that if You share Your unique Login name, Your Password or any other online
security information with another individual, that Your access to the Web Site
is subject to immediate termination without notice or reimbursement of any
kind. Any sharing of passwords or any other methods of unauthorized access to
the Web Site with any other person is strictly forbidden. Any such password
sharing or other unauthorized activity exceeds the authority granted to You to
access the restricted areas of the Web Site, restricted Content and other
Materials or restricted services offered in, at, through, or in association
with, the Web Site. You are prohibited from using any services or facilities
provided in connection with the Web Site to compromise security or tamper with
system resources and/or accounts. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools or
network probing tools) is strictly prohibited. If You become involved in any
violation of system security, Company reserves the right to release details
regarding such incidents and Your personal information to system administrators
at other sites in order to assist them in resolving security incidents.
Further, such unauthorized access of the Web Site and/or other related
restricted databases, including, without limitation, by means of password
sharing, violates the intellectual property rights of the Company, and
potentially other parties, and may violate civil and criminal laws, including
the Stored Communications Act. The Company reserves the right to investigate
all suspected violations of these and other posted Terms of Use.
18. AUTHORIZATION AND PERMISSION TO SEND E-MAILS TO YOU.
Please read our
PRIVACY
POLICY. You hereby authorize, permit and request notices, advertisements,
e-mail and other communications to be sent to You from Company and/or its
authorized agents, assigns, representatives, advertisers, successors,
affiliates and contractors. You acknowledge and agree that such communications
may include any type of matter, including, without limitation, communications
containing explicit nudity, explicit sexual depictions, sexual language and
explicit sexual situations, including those involving heterosexuality,
homosexuality and transsexuality. You agree that Company is under no obligation
or restriction regarding the sale of Your email information to any third
parties for any purpose. Moreover, You agree that Your request, authorization
and permission to Company to send You such Materials and communications shall
continue to be in effect unless and until You notify Company that You wish to be
deleted from Company’s email list, in which case, You acknowledge and agree
that Company shall be obligated only to delete You from its email list and not
the email list(s) of any third parties regardless of how such parties obtained
Your email information. You acknowledge and agree that You will need to contact
such third parties to be deleted from their email list(s). If You do not wish
to receive advertising email from Company email: customerservice@joannasangels.com.
18.1 Opt-out and Cancellation Provisions. At any time, You may
opt out
of future e-mailings and cancel Your receipt of future sexually-oriented
e-mailing
from the Company by clicking the unsubscribe link at the bottom of each e-mail
or sending an e-mail cancellation request to Customer Service.
18.2 Acknowledgment of Privacy Policy. You hereby
acknowledge the
Company’s Privacy
Policy and waive any claims against the Company arising out of any matter
relating thereto.
19. Restrictions On Use.
19.1. Use Limited By Company. You may only use the Web Site
for purposes expressly
permitted by the Company as set forth herein and/or elsewhere in the Web Site.
You may not use the Web Site for any other purpose, including any commercial
purpose, without the Company’s express prior written consent. For example, You
may not (and may not authorize any other party to) (i) cobrand the Web
Site, or (ii) frame the Web Site, or (iii) hyper-link to the Web Site, without
the express prior written permission of an authorized representative of the
Company. For purposes of this Agreement, “cobranding” means to display a name,
logo, trademark, or other means of attribution or identification of any party
in such a manner as is reasonably likely to give a user the impression that such
other party has the right to display, publish, or distribute the Web Site or
Content or other Materials accessible in, at, through or in association with,
the Web Site. You agree to cooperate with the Company in causing any
unauthorized co-branding, framing or hyper-linking immediately to cease.
19.2. Proprietary Content And Other Information. The Web
Site and all Content and
other Materials accessible in, at, through or in association with, the Web
Site, and any other World
Wide Web site owned, operated, licensed, or controlled by the Company are the
proprietary information of the Company or the party that provided such Content
and other Materials to the
Company and Company or the party that provided the Content to Company retains
all right, title, and interest in such Content and Materials. Accordingly, such
Content and other Materials may not be copied, distributed, republished,
uploaded, posted, or transmitted in any way without the prior written consent
of the Company, except that You may view a copy of the Content on one computer
at a time 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
Content or other Materials. Modification or use of the Content or other
Materials available in, at, through or in association with the Web Site, except
as expressly provided in this Agreement violates the Company’s, and potentially
other parties’, intellectual property rights. Neither title nor intellectual
property rights are transferred to You by granting You a Membership in, or
otherwise allowing You access to, the Web Site.
19.3. Trademarks, Service Marks and Logos. The name of
this Web Site is a service
mark of Company. No use of this mark shall be permitted except through the
prior written
authorization and permission of Company. All rights reserved. All other
trademarks, service marks, and logos appearing in the Web Site are the property
of the Company or the party that provided the trademarks, service marks, and
logos to the Company. The Company and any party that provided trademarks,
service marks, and logos to the Company retain all rights with respect to any
and all of their respective trademarks, service marks, and logos appearing in
the Web Site.
19.4. Restrictions on Members’ Communications; Liability For
Information You
May Post. If the Company should, at any time, provide any
service which enables You to
communicate or otherwise share information, with other Members or Users or the
Web Site, with persons providing any kind of service to You or other Users of
the Web Site, or with any other persons, or which enables You to post
information at, in, through or in association with, the Web Site, in any
manner, You agree not to post, submit, publish, display, disseminate, or
otherwise communicate, while connected to, or otherwise directly or indirectly
using the Web Site or other services (including live or non-live chat
services), features or functionality provided to You by the Company or any
third party, any defamatory, obscene, pornographic, profane, inaccurate,
abusive, threatening, offensive, or illegal material, or any material which
would violate or infringe the copyright, trademark, rights of publicity,
privacy rights or other rights of any person or entity, or violates any law,
regulation, rule or custom.. Transmission of any such material or any other
material that violates any federal, state, or local law in the United States or
anywhere else in the world, by You, in, at, through, or in direct or indirect
association with, the Web Site, or any feature or function relating thereto, is
strictly prohibited and shall constitute a material breach of this Agreement
entitling the Company to immediately terminate all Your rights to access the
Web Site and related Content, Materials, features and functions, without notice
or reimbursement.
19.4.1 You may not at any time post, send, submit, publish, or
transmit in connection with
the Web Site, or otherwise use the Web Site or any feature or functionality in,
at, through or in association with, the Web Site, to disseminate, in any
manner, any material that:
19.4.1.1. You do not have the right to post, including
proprietary material
of any third party;
19.4.1.2. advocates illegal activity or discusses an intent to
commit an
illegal act;
19.4.1.3. is vulgar, obscene, pornographic, or indecent;
19.4.1.4. does not pertain directly to the Web Site;
19.4.1.5. threatens or abuses others, libels, defames, invades
privacy, stalks, is obscene, pornographic, racist, abusive, harassing,
threatening or offensive;
19.4.1.6. seeks to exploit or harm children by exposing them
to inappropriate
content, asking for personally identifiable details or otherwise;
19.4.1.7. infringes any intellectual property or other right
of any entity or person, including violating anyone’s copyrights or trademarks
or their rights of publicity;
19.4.1.8. violates any law or may be considered to violate any
law;
19.4.1.9. impersonates or misrepresents Your connection to any
other entity or person or otherwise manipulates headers or identifiers to
disguise the origin of the content;
19.4.1.10. advertises any commercial endeavor (e.g., offering
for sale products or
services) or otherwise engages in any commercial activity (e.g., conducting
raffles or contests, displaying sponsorship banners, and/or soliciting goods or
services) except as may be specifically authorized on the Web Site;
19.4.1.11. solicits funds, advertisers or sponsors;
19.4.1.12. includes programs which contain viruses, worms
and/or Trojan horses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications;
19.4.1.13. disrupts the normal flow of dialogue, causes a
screen to scroll faster than other users are able to type, or otherwise act in
a way which affects the ability of other people to engage in real time
activities via the Web Site;
19.4.1.14. includes MP3 format files;
19.4.1.15. amounts to a ‘pyramid’ or similar scheme;
19.4.1.16. violates any policy or regulations established from
time to time regarding use of the Web Site or any networks connected to the Web
Site; or
19.4.1.17. contains hyper-links to other sites that contain
content that falls within the descriptions set forth above.
19.4.2. You acknowledge and agree that You, and not the
Company, shall be solely responsible and liable for all damages, liability or
other consequences, foreseen or unforeseen, of all information which You
submit, publish, display, disseminate or otherwise communicate at, on, through
or in association with, the Web Site, including via online public, private and
semi-private online chat or other communication of any kind, even if a claim
for damages or liability should arise after termination of service.
20. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE; NO
MONITORING BY COMPANY. You acknowledge and agree that all
messages and Content posted by You or others in any Chat rooms or public areas
of the Web Site, if any, shall be deemed to be readily accessible to the
general public and consequently should not be considered private or
confidential. Notice is hereby given that all messages posted or otherwise
entered or submitted to this Web Site or any device accessible in, at, through
or in association with, the Web Site, can and may be read by the Company, its
agents, assigns, successors, and other operators of the Web Site, whether or
not they are the intended recipient(s). If Company creates or makes available a
Chat Room or Public Area in, at, through, or in association with, the Web Site,
You acknowledge that You have been informed that all messages or Content posted
by You or others in any Chat rooms or public areas of the Web Site shall be
deemed to be readily accessible to the general public and consequently should
not be considered private or confidential. Notice is hereby given that all
messages entered into any private or semi-private communication with a performer
accessible at, in, through or in association with, the Web Site, such as a live
video performer, may be read by the Company, its agents, assigns, successors,
and other operators of the Web Site, whether or not they are the intended
recipient(s). Company, its, agents, assigns and successors shall have no
obligation to monitor any Chat Room, public area or any submitted
communications, and disclaim any such obligation.
21. NO SCREENING OF THIRD PARTY CONTENT OR COMMUNICATIONS; LIMITATION
OF LIABILITY.
21. 1. Hyper-Linked Advertisements and Other Content. The Web
Site may be hyper-linked
to other sites which are not maintained by, or related to the Company.
Hyper-links to such sites may comprise advertisements, may be provided as a
service to users or have other functions. Such sites are not sponsored,
endorsed or controlled by the Web Site or the Company. The Company does not
review such sites and is not responsible for the Content available at those
sites. Hyper-links are, therefore, to be accessed at the user’s own risk, and
the Company makes no representations or warranties about the Content,
completeness or accuracy of these hyper-links or the sites hyper-linked to the
Web Site. You might also access some of the Content of the Web Site via hyperlinks
that will connect You to third parties, or to third-party web sites that may
provide Content and other Materials to the Web Site (e.g., linked photographic
“galleries,” “video-clip galleries” or live video chat studios). The Company
has no editorial control or supervision over the selection or display of the
Content provided by those third-parties or those third-party web sites. The
owners and operators of all third-party web sites are solely responsible and
liable for the Content they provide to You directly or in association with the
Web Site.
21.2. Company Has No Editorial Control Over Communications Submitted To
The
Web Site By Advertisers or Marketing Affiliates. You
acknowledge that You understand that the
Company does not screen or endorse the Content of any advertisements or
communications submitted, posted or linked to the Web Site by third-party
advertisers or marketing affiliates, for electronic dissemination at or through
the Web Site, nor does the Company have or exercise any editorial control or
supervision over such Content or the Content of any third-party web site framed
in the Web Site. You are advised to use Your own judgment to evaluate all third
party banners and other advertisements and all other communications available
in, at, through, or in association with , the Web Site that are made by third
parties not under the control or supervision of the Company. You are also
advised to use Your own judgment to evaluate all such advertisements and other
communications prior to purchasing goods and/or services described therein. You
acknowledge and agree that You assume all risks associated with engaging such
links, purchasing such goods and/or services described in such banners and
other advertisements, and responding to communications by such third party
Content providers, including online chat participants and live video
performers.
21.3. Company Has No Editorial Control Over Communications Submitted To
The
Web Site By Other Members and Users of the Web Site. You
further acknowledge that You
understand that the Company does not control the content of any information,
messages,
communication, personal data, photographs, video or audio content, or any other
Content or other
Materials posted or uploaded by Users of the Web Site (collectively, “ User
Originated Content”),
and that You release the Company and its agents, officers, directors and
employees, from any and all
liability and responsibility, directly and indirectly, in connection with the
content of any information,
messages, communication or other User Originated Content You may receive from
other Users of the
Web Site.
21.4 Immunity Provided Under the Communications Decency Act.
Company claims
immunity from liability to the fullest extent under the law and as provided
under the Communications
Decency Act for User Originated Content provided by third parties and members,
and nothing in this
Agreement is intended to waive, remove, diminish or usurp such immunity. You
understand and agree
that Company reserves the right, in its sole and exclusive discretion, to
delete any Content, messages, photos, profiles or other information posted on
the Web Site by You or any User or any other person that, in its sole judgment,
the Company determines is in violation of this Agreement or that the Company
determines might be otherwise offensive, illegal, vulgar, hateful, abusive, or
that might violate the rights, harm, or threaten the safety of, the Company,
any of its members, employees, advertisers, agents, assigns, and/or any other
person or entity.
22. NO REPRESENTATION, GUARANTEE OR WARRANTY THAT WEB SITE
OR CONTENT ASSOCIATED THEREWITH IS FREE OF HARMFUL OR MALICIOUS CODE.
You understand that the Company cannot, and does not, represent, 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. You are responsible for implementing sufficient
procedures and checkpoints to satisfy Your particular requirements for accuracy
of data input and output, and for maintaining a means external to the Web Site
for the reconstruction of any lost data. The Company does not assume any
responsibility or risk for Your use of the Web Site, any Materials, feature or
function available in, at, through, or associated with, the Web Site, or Your
use of the Internet, in general, or in association with Your accessing the Web
Site.
23. DISCLAIMERS; NO WARRANTIES; YOUR USE OF THIS SITE IS AT YOUR OWN
RISK.
23. 1. CONTENT, MATERIALS, FEATURES, FUNCTIONS AND ALL OTHER
GOODS AND SERVICES PROVIDED ON AN “AS IS” BASIS. YOU
HEREBY AGREE
THAT THE CONTENT, MATERIALS, FEATURES, FUNCTIONS AND ALL OTHER GOODS AND
SERVICES PROVIDED TO YOU BY COMPANY AND ITS AFFILIATED CONTRACTORS, ARE
PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, OR CONTENT
OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, OR WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT,
AND THE COMPANY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE COMPANY DOES NOT
WARRANT THAT THE FUNCTIONS OR CONTENT AVAILABLE IN, AT, THROUGH OR IN
ASSOCIATION WITH, THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT
WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE
CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO
WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH
CONTENT. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
23.2. YOU ASSUME ALL RISK OF USE. YOU, AND NOT THE
COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEB
SITE OR ANY AND ALL CONTENT AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH,
THE WEB SITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
MATERIALS, FEATURES, FUNCTIONS, GOODS AND SERVICES PROVIDED BY COMPANY, OR OTHERWISE
AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH THE WEB SITE, IS BORNE
EXCLUSIVELY BY YOU. SHOULD ANY SUCH CONTENT OR OTHER MATERIALS, OR ANY FEATURE,
FUNCTION, GOOD OR SERVICE PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR
COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE
COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM ANY AND ALL
SUCH DEFECTS.
23. 3 NO DUTY TO UPDATE INFORMATION. ALL OF THE
INFORMATION IN THE WEB SITE, WHETHER HISTORICAL IN NATURE OR FORWARD-LOOKING,
SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON THE WEB SITE, AND
COMPANY DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT
IS POSTED OR TO REMOVE SUCH INFORMATION FROM THE WEB SITE IF IT IS NOT, OR IS
NO LONGER, ACCURATE OR COMPLETE.
23.4. THIS DISCLAIMER IS AN ESSENTIAL PART OF THIS AGREEMENT.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER
MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF
ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS,
OR OTHER MEMBERS OR USERS OF THE WEB SITE, OR THEIR SUPPLIERS, LICENSEES, OR
RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL OR NON-COMMERCIAL DAMAGES
RESULTING FROM ANY USE OF THE FEATURES, FUNCTION, CONTENT OR OTHER MATERIALS
AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH, THE WEB SITE, OR ANY OTHER
USE OF THE WEB SITE.
24. LIMIT OF COMPANY’S LIABILITY. ANY LIABILITY OF COMPANY,
INCLUDING,
WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE LESSER AMOUNT
OF (1) THE MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE MEMBER, IF ANY, TO THE
COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, OR (2)
FIFTY DOLLARS ($50.00). AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES
RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR
INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER
COMMUNICATION AT OR THROUGH THE WEB SITE.
25. CUSTODIAN OF RECORDS. All models, actors, actresses and
other persons that appear in any
visual depiction of actual sexual conduct appearing or otherwise contained in
Web Site were over the age of eighteen years at the time of the creation of
such depictions. All other sexually explicit visual depictions of displayed on
this Web Site, while exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R.
75 because said visual depictions are of merely simulated sexual activity, are,
nevertheless, of persons who were at least eighteen (18) years of age when said
visual depictions were created. The records required pursuant to 18 U.S.C. 2257
and 28 C.F.R. 75 are kept by the Custodian of Records for Web Site as
identified in the 2257
notice on the Web Site.
26. COOPERATION WITH LAW ENFORCEMENT. The Company reserves the
right to
fully cooperate with any law enforcement authorities or court order requesting
or directing the Company to disclose the identity or other information
regarding any Member alleged by any governmental entity to be using the Web
Site or any Content or Materials available in, at, through or in association
with, the Web Site in violation of any law or regulation, or in violation of
this Agreement, including, without limitation, the posting any of e-mail
messages, or publishing or otherwise making available any such materials. BY
ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING, OR AS A RESULT OF, ITS
INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS
BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
27. NOTICES TO COMPANY OR MEMBERS. Notices from the Company to
You may
be given by means of electronic messages, by general posting on the Web Site,
or by conventional mail. Communications from You to the Company may be made by
electronic messages or conventional mail, unless otherwise specified in the
Agreement.
27.1 ALL NOTICES TO THE COMPANY SHALL BE SENT BY ELECTRONIC OR
CONVENTIONAL MAIL TO:
or by conventional mail to: PO box 111014 Brooklyn, NY, 11211.
28. ENTIRE
AGREEMENT.
This Agreement contains the entire agreement between You, the
Licensee, and the Company regarding Your access to, and use of, the Web Site,
and all Content and other Materials available in, at, through or in association
with, the Web Site, and all features and functionality directly and indirectly
related to the Web Site. This Agreement supersedes all prior written and oral
understandings, writings and representations, including those, if any, made by
any third party or other person. This Agreement may only be amended in writing
by the Company. Notwithstanding the foregoing, any additional terms and
conditions on the Web Site will govern the items and matters to which they
pertain. The Company may revise this Agreement at any time by updating this
posting.
29. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. By
accepting
these terms and conditions as indicated herein, or by otherwise continuing to
use the Web Site in any manner, You agree that this Agreement and all disputes
or controversies of any kind arising under, or related to this Agreement, the
Web Site, and/or any Content, Materials, features or functions available in,
at, through or in association with, or in any way relating to, the Web Site,
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.
29.1 Choice of Law. You further agree that notwithstanding any
judicially or
statutorily created choice of law rule that would otherwise require the
application of the law of some other jurisdiction, all provisions of this
Agreement and all matters or controversies of any kind arising out of, or
related to this Agreement or the rights or liabilities of the parties hereto
shall be governed solely by the substantive statutory and common law of the
state of CALIFORNIA.
29.2 Arbitration. Any and all disputes or controversies of any
kind, including but
not limited to any performance, duty, obligation or liability arising under or
related to this Agreement which are not first resolved informally, shall be
determined by binding arbitration in LOS ANGELES, CALIFORNIA, in accordance
with the rules of the American Arbitration Association. The final award in any
such arbitration proceeding shall be subject to entry as a judgment by any
court of competent jurisdiction, provided that such judgment does not conflict
with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters)
with respect to legal matters shall be limited only by the statutory and common
law of the State of CALIFORNIA and the United States. Notwithstanding the
foregoing, any and all disputes, which the parties cannot informally resolve,
regarding the scope of issues or matter within the jurisdiction of the
arbitrator, shall be resolved by a separate dispute resolution process whereby
the Company, in its sole discretion shall elect the dispute to be resolved by
either (1) a municipal or superior court of competent jurisdiction in LOS
ANGELES, CALIFORNIA or (2) a panel of three (3) new arbitrators.
29.3 Venue. You and the Company hereby agree that the
venue for all legal disputes,
controversies, actions of any kind arising under or related to this Agreement
shall be LOS ANGELES, CALIFORNIA.
29.4 Jurisdiction. You and Company agree that In case of
any litigation regarding
this Agreement, You agree that the venue for such litigation shall be,
depending on the subject matter of the dispute, either the Municipal Court of
Los Angeles, California, the Superior Court of the County of Los Angeles or the
United States District Court for the Central District of California, Western
Division. You hereby consent and stipulate to the jurisdiction of the Courts of
the State of California and the United States District Court, Central District
of California, Western Division.
30. UNENFORCEABILITY OF PROVISIONS. You and Company agree that
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 and all other portions of this Agreement shall remain in full force
and effect (i.e, if any part of this Agreement is unlawful, void or otherwise
unenforceable, only that part will be deemed severable and, such severance will
not affect the validity and enforceability of any and all the remaining
provisions).
31. ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT. Your further
agree that the
Company, may at any time at its sole discretion and without prior notice to
You, transfer or assign Your membership in the Web Site, payment processing
pertaining to Your membership or other payments due Company, any and all
obligations and benefits set forth in this Agreement and/or any and all information
collected pursuant to our Privacy
Policy, to one or more affiliated and/or non-affiliated companies, agents,
contractors, assigns and successors. Your further agree that the Company, may
at any time at its sole discretion and without prior notice to You, transfer or
assign any obligation to provide any feature, function, Content, Material,
benefit, or other services to You to one or more affiliated and/or
non-affiliated companies, agents, contractors, assigns and successors.
32. NON-WAIVER. You acknowledge and agree that the failure of
Company or any assignee
or successor to enforce any of the specific provisions of this Agreement shall
not comprise a waiver of, or preclude or estop any later, further or other
enforcement of such provision(s), or any other provision(s), or waive,
preclude, estop or diminish the exercise of any other right hereunder.
33. AFFIRMATION OF AGREEMENT; ACKNOWLEDGE YOU HAVE READ THIS ENTIRE
AGREEMENT. By clicking on a link agreeing to this Agreement below or anywhere
else in the
Web Site and/or by accessing or continuing to access the Web Site
and/or any service, offer or other functionality available in, on, at or
through the Web Site, You acknowledge and affirm that You have read this entire
Agreement and that You agree to all its terms and conditions. You agree that
Your acknowledgment and agreement to the entirety of this Agreement is
reaffirmed by authorizing the use of Your credit card for payment of charges
and fees for Your Membership to the Web Site and for any other charges which
You may incur for products and/or services ordered at, in, through or in
association with the Web Site, and each time You access any restricted part of
the Web Site.
33 .1 Affirmation By Bookmarking. You agree Any action on Your part to
Bookmark to a page on this Web Site whereby a warning page, age
verification page, and/or the Terms and Conditions page is bypassed shall
constitute an implicit acceptance by You of all the Terms and Conditions set in
this Agreement as well as an explicit acknowledgment by You of the fact that
You are an adult and at least eighteen (18) years of age or of the age of
majority under the laws of Your state, province or country.
33 .2 NO AUTHORIZATION WITHOUT FULL AGREEMENT. IF YOU DO NOT
UNDERSTAND OR DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS, CONDITIONS,
OBLIGATIONS, WARRANTIES, DISCLAIMERS AND OTHER PROVISIONS OF THIS AGREEMENT AND OUR PRIVACY
POLICY YOU MUST LEAVE THE SITE IMMEDIATELY. UNLESS YOU UNDERSTAND AND
EXPRESSLY AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY, YOU WILL
NOT BE AUTHORIZED TO USE ANY SERVICES OFFERED OR OTHERWISE PROVIDED BY OR
THROUGH THE SITE.
33.3. E-Sign Act. You hereby agree that this electronic agreement shall
be governed by the Electronic Signatures in Global and National Commerce Act,
15 U.S.C. §7000, et seq. (“E-Sign Act”). Your consent pursuant to the
Electronic Signature Act. The E-Sign Act shall only apply to subject matter set
forth herein and elsewhere on the Web Site where your online agreement of
affirmation is required.
I AGREE AND ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THIS
AGREEMENT - I AM AN ADULT AND I WANT TO ACCESS THE RESTRICTED PARTS OF THE WEB
SITE.
I DON’T AGREE – I DO NOT WANT TO ACCESS THE RESTRICTED
PARTS OF THE WEB SITE