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Terms
of Service
IMPORTANT!
These Terms and Conditions also govern your membership to the
SITE if you become a member. By accessing, using, viewing, reading,
printing, installing, or downloading any material from the SITE
and our proprietary software, or becoming a member to the SITE,
you agree to be bound by these Terms and Conditions. This Agreement
is intended to be governed by the Electronic Signatures in Global
and National Commerce Act (E-Sign Act). You manifest your agreement
to these Terms and Conditions by any act demonstrating your
assent thereto, including clicking any button containing the
words “I agree” or similar syntax. You may submit
a paper copy of this transaction and print this form for your
personal records. You have the right to withdraw your consent
to use the E-Sign Act by emailing us. Your consent to use the
E-Sign Act is limited to providing the information on this form.
Access to this electronic record requires a simple browser program
such as Internet ExplorerTM or NetscapeTM and a computer. These
Terms and Conditions are subject to change by the SITE without
prior notice, at any time, in its discretion. Notification of
any changes will be posted on this page. You agree to review
this page periodically to be aware of such changes. If these
changes are unacceptable to you, you must terminate your membership
as provided below. Your continued use of the SITE following
the effective date of any such changes constitutes your full
acknowledgement and acceptance of these changes..
If you do not agree to be bound by these Terms and Conditions,
you may not enter the SITE, you must exit the SITE immediately,
you may not use or access the SITE, and you may not print or
download any materials from them. You may use and access the
SITE only in accordance with these Terms and Conditions. Please
consult these Terms and Conditions regularly and read them carefully
before using the SITE. You affirm that you have read this Agreement
and understand, agree and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the SITE
and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display
or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the
SITE.
I. Images and Content
These SITE contain images and content, including but not limited
to text, software, images, graphics, data, messages, or any
other information, and any other World Wide Web Site owned,
operated, licensed, or controlled by SITE (collectively, “Materials”).
All Materials displayed on the SITE are protected by the First
Amendment rights to Free Speech, Free Expression and Freedom
of the Press, and parallel provisions of other constitutions.
You acknowledge that the SITE may offer online content that
could be deemed “adult” or “erotic”
in nature. Additionally, you are on notice that some of the
Materials presented on the SITE may contain graphic visual depictions,
graphic audio, and descriptions of sexually oriented, explicit,
offending, or disturbing activities. You acknowledge that you
are aware of the nature of the Materials provided by the SITE,
that you are not offended by such Materials and that you access
the SITE freely, voluntarily and willingly. You also acknowledge
that this SITE is intended to contain only images protected
by the First Amendment to the United States Constitution. If
you are seeking information regarding illegal activities, please
leave this SITE immediately. You are further aware of the community
standards of your community, and you will only access the content
on the SITE if you believe, upon diligent investigation, that
the content on the SITE does not offend the community standards
prevalent in your community. You further agree not to use or
access the SITE if doing so would violate the laws of your state,
province or country.
II. Age of Majority and Membership
A. Age of Majority
You represent and warrant you are at least 18 or 21 years of
age, depending on the age of majority in your jurisdiction,
and that you have the legal capacity to enter into this Agreement.
If you are not at least 18 or 21 years of age, depending on
the age of majority in your jurisdiction, you must exit the
SITE immediately and may not use or access the SITE or print
or download any Materials from them. You may be asked to verify
your birth date on the Birth Date Verifier™ form as a
condition of entry onto the SITE, pursuant to 28 U.S.C. ?1746.
You agree not to bypass any security and/or access feature on
this SITE. Additionally, the SITE does not assume any responsibility
or liability for any misrepresentations regarding a user’s
age.
B. Membership
Membership may not be assigned, transferred, or sold to a third
party. The SITE and its affiliates disclaim any and all liability
arising from fraudulent entry and use of the SITE. If a user
fraudulently obtains access, the SITE may terminate membership
immediately and take all necessary and appropriate actions under
applicable federal, state, and international laws.
III. No Child Pornography
You understand that all models appearing on this SITE are, and
were at the time of all recorded images, at least 18 years of
age, and that our SITE contains no child pornography. If you
seek any form of child pornography, you must exit this SITE
immediately. You acknowledge that all Materials on the SITE
are protected by the First Amendment. We take a strong and definite
stand against child pornography and only allow images and Materials
that are protected by the First Amendment. If you identify any
images, real or simulated, depicting minors engaged in sexual
activity within the SITE, please report the images to the SITE.
Include with your report any appropriate evidence, including
the date and time of identification. All reports will immediately
be investigated and the appropriate action will be taken. We
enthusiastically cooperate with any law-enforcement agency investigating
child pornography. If you suspect other outside websites are
participating in unlawful activities involving minors, please
report them to www.asacp.org. Users should implement parental
control protections, such as computer hardware, software, or
filtering services, which may help users to limit minors’
access to harmful material.
IV. Access to, Limited License, and Interference with,
SITE
A. Access
To access the SITE or some of the resources it has to offer,
you may be asked to provide certain registration details or
other information. It is a condition of your use of this SITE
that all information you provide will be correct, current, and
complete. If the SITE believes the information you provide is
not correct, current, or complete, the SITE has the right to
refuse you access to the SITE or any of its resources, and to
terminate or suspend your access at any time.
B. Limited License
Subject to these Terms and Conditions and in consideration of
using the SITE, the SITE hereby grants you a limited, nonexclusive,
nontransferable personal license to access and use the SITE
and the Materials contained therein. The SITE provides the Materials
on this SITE for the personal, non-commercial use by viewers,
fans, visitors, subscribers and/or potential subscribers of
said SITE. Users of this SITE are granted a single copy license
to view Materials (on a single computer only). All Materials
on the SITE shall be for private non-commercial use only, and
all other uses are strictly prohibited. SITE reserves the right
to limit the amount of materials viewed. You agree to prevent
any unauthorized copying of the SITE, or any of the Materials
contained therein. Any unauthorized use of the SITE or any of
the Materials contained therein terminates this limited license
effective immediately. This is a license to use and access the
SITE for its intended purpose and is not a transfer of title.
You represent and warrant that you will not allow any minor
access to this SITE and that you will not copy or redistribute
any of the content appearing on this SITE. SITE reserves the
right to terminate this license at any time if you breach or
violate any provision of this Agreement, in which case you will
be obligated to immediately destroy any information or materials
you have downloaded, printed or otherwise copied from this SITE.
Violators of this limited license may be prosecuted to the fullest
extent under the applicable law.
C. Interference
Except where expressly permitted by law, you may not translate,
reverse-engineer, decompile, disassemble or make derivative
works from our SITE’s Materials. User hereby agrees not
to use any automatic device or manual process to monitor or
reproduce the SITE, and will not use any device, software, computer
code, or virus to interfere or attempt to disrupt or damage
the SITE or any communications on it.
V. Restrictions on Use of SITE
You may use the SITE only for purposes expressly permitted by
the Terms and Conditions of the SITE. You may not use the SITE
for any other purpose, including any commercial purpose, without
the SITE’s express prior written consent. Without the
express prior written authorization of the SITE, you may not:
(a) duplicate the SITE or any of the Materials contained therein
(except as expressly provided above in Paragraph IV); (b) create
derivative works based on the SITE or any of the Materials contained
therein; (c) use the SITE or any of the Materials contained
therein for any public display, public performance, sale or
rental; (d) re-distribute the SITE or any of the Materials contained
therein; (e) remove any copyright or other proprietary notices
from the SITE or any of the Materials contained therein; (f)
frame or utilize any framing techniques in connection with the
SITE or any of the Materials contained therein; (g) use any
meta-tags or any other “hidden text” using the SITE’
name or marks; (h) “deep-link” to any page of the
SITE (including the homepage); (i) circumvent any encryption
or other security tools used anywhere on the SITE (including
the theft of user names and passwords or using another person’s
user name and password in order to gain access to a restricted
area of the SITE); (j) use any data mining, robots or similar
data gathering and extraction tools on the SITE; (k) decompile,
reverse engineer, modify or disassemble any of the software
aspect of the Materials except and only to the extent permitted
by applicable law; (l) sell, rent, lease, license, sublicense,
transfer, distribute, re-transmit, time-share, use as a service
bureau or otherwise assign to any third party the Materials
or any of your rights to access and use the Materials as granted
in Paragraph IV above; or (m) bookmark any page of the SITE
beyond the registration log-in screen. You agree to cooperate
with the SITE in causing any unauthorized use to cease immediately.
At any time, if the SITE provides a service enabling users to
share information or communicate with other users, you hereby
agree not to publish, disseminate or submit any defamatory,
offensive or illegal material while using the SITE or other
services included on the SITE. You are solely responsible for
submitting any material that violates any United States or International
laws even if a claim arises after your service is terminated,
and, by doing so, your actions shall constitute a material breach
of this Agreement and the SITE shall terminate all your rights
under this Agreement.
VI. Membership
A. Registration
You are responsible for providing all equipment and the computer
necessary to access the SITE. You may access the non-public
portion of the SITE only by being a member in good standing
to the SITE. The SITE reserves the right to modify Materials
and the SITE’s design at anytime, with or without prior
notice. You may become a member of the SITE by completing an
online registration form, which must be accepted by SITE, and
you must pay the subscription fee. Upon submission of the online
registration form, SITE or its authorized agent will process
the application. In connection with completing the online registration
form, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the registration
form (such information being the “Registration Data”)
and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete at all times while
you are a member. You must promptly inform SITE of all changes,
including, but not limited to, changes in your address and changes
in your credit card used in connection with billing for the
SITE. If you provide any information that is untrue, inaccurate,
not current or incomplete, or SITE or any of its authorized
agents have reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, SITE has the
right to suspend or terminate your account and refuse any and
all current or future use of the SITE, as well as subjecting
you to criminal and civil liability. Subscription fees are non-refundable,
and you are responsible for any credit card charge backs, dishonored
checks and any related fees that we incur with respect to your
account.
B. Member Account, Password and Security
As part of the registration process, you will be issued a unique
user name and password which you must provide in order to gain
access to the non-public portion of the SITE. You certify that
when asked to choose a username you will not choose a name which
may falsely represent you as somebody else or a name which may
otherwise be in violation of the rights of a third party. We
reserve the right to disallow the use of usernames that we,
at our sole discretion, deem inappropriate. We reserve the right
to cancel at any time the membership of any member who uses
their selected username in violation of these Terms and Conditions
or in any other way we, in our sole discretion, deem inappropriate.
Your membership, the ID and password are nontransferable and
non-assignable. You represent and warrant that you will not
disclose to any other person your unique user name and password
and that you will not provide access to the SITE to anyone who
is below the age of majority in your state, province, or country,
or otherwise does not wish to view the content on the SITE.
You are solely responsible for maintaining the confidentiality
of your user name and password and are fully responsible for
all activities that occur under your user name and password.
SITE will not release your password for security reasons. You
agree to (a) immediately notify SITE of any unauthorized use
of your user name and password or any other breach of security,
and (b) ensure that you exit from your account at the end of
each session. You are liable and responsible for any unauthorized
use of the SITE until you notify SITE by email regarding that
unauthorized use. Unauthorized access to the SITE is illegal
and a breach of this Agreement. You indemnify the SITE against
all activities conducted through your account. You may obtain
access to your billing records regarding charges of your use
of the SITE upon request.
C. Membership Fees
Membership fees to the SITE are prominently displayed prior
to your subscription thereto. You agree to pay all membership
fees when due according to these billing terms. Membership and
subscription fees are nonrefundable. At the time of registration,
you must select a payment method. SITE reserves the right to
contract with a third party to process all payments. Such third
party may impose additional terms and conditions governing payment
processing. Your account will be deemed past due if it is not
paid in full by the payment due date. If your account becomes
past due more than thirty (30) days after the invoice date,
you agree to pay interest on the past due amount at a monthly
rate of 1.5%, or the highest amount allowed by law, whichever
is lower, compounded daily, plus any additional collection costs,
credits, charge backs and attorney’s fees. Your card issuer
agreement may contain additional terms with respect to your
rights and liabilities as a card holder. You agree to pay all
amounts due to us immediately upon cancellation or termination
of your account. We reserve the right to make changes to our
fees and billing methods, including the addition of supplemental
charges for any content or services provided by the SITE, with
or without prior notice to you, at any time. THIS SITE USES
AN AUTOMATIC REBILL CYCLE ACCORDING TO THE USER’S SELECTED
PAYMENT OPTION.
D. Billing Errors
If you believe that you have been erroneously billed, please
notify us immediately of such error. If we do not hear from
you within thirty (30) days after such billing error first appears
on any account statement, such fee will be deemed acceptable
by you for all purposes, including resolution of inquiries made
by your credit card issuer. You release us from all liabilities
and claims of loss resulting from any error or discrepancy that
is not reported to us within thirty (30) days of its publication.
E. Download Limit
As a member in good standing, you may download up to 500 MB
of data each day. Upon reaching this limit, you may be denied
access to download any additional data until the beginning of
the next day.
F. Casino Games
Any and all casino-style video games within Pandora's Box or
connected to therefrom are for entertainment purposes only and
do not pay out money for any winnings. Of course, nor will you
owe anything for losses. Any casino-style games promoted in
any free area we operate (ie. Pandora4Free) may or may not pay
out cash for winnings, but if done so, are done by a third-party
by which PB3X, LLC is merely an affiliate of but not of the
same company. PB3X, LLC will not be held responsible for any
legal actions arising with third-party sponsors.
VII. Termination
You may cancel your membership at any time by sending an email
to the SITE and providing: (a) our customer service department
with a notice of your intent to cancel the membership along
with your user name and password; and (b) any outstanding fees
owed for your membership. You hereby agree to be personally
liable for any and all charges incurred by you until termination
of membership for goods or services through your use of the
SITE. In the event that your account is canceled by you, no
refund, including any membership fees, will be granted; no online
time or other credits will be credited to you or can be converted
to cash or other form of reimbursement. This Agreement’s
provisions shall survive its termination, unless otherwise stated.
Upon our processing of your request to cancel your membership,
you will no longer have access to the non-public areas of the
SITE to which you were a member. Without limiting other remedies,
the SITE may immediately issue a warning, temporarily suspend,
indefinitely suspend, or terminate your access and use of the
SITE and refuse to provide our services to you at any time,
with or without advance notice, if: (a) SITE believes that you
have breached any material term of these Terms and Conditions
or the documents it incorporates by reference, (b) you fail
to pay any amount due by the payment due date; (c) we are unable
to verify or authenticate any information you provide to us;
(d) we believe that your actions may cause legal liability for
you, our users or us; or (e) SITE decides to cease operations
or to otherwise discontinue any of the SITE or parts thereof.
Further, you agree that neither SITE nor any third party acting
on our behalf shall be liable to you for any termination of
your membership or access to the SITE. You agree that if your
account is terminated by SITE, you will not attempt to re-register
as a member without prior written consent from SITE.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE MATERIALS
CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND
ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS”
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SITE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR
ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DOES SITE MAKE ANY REPRESENTATIONS
OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS,
ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS
CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL
AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA. YOU UNDERSTAND THAT SITE CANNOT AND DOES NOT GUARANTEE
OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET
WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE
THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SITE
DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE
INTERNET. SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION ENTERED
INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF
CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES.
SITE OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE
AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT
NOTICE. SITE OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION
FOUND AT THIS SITE. SITE MAKES NO COMMITMENT TO UPDATE THE MATERIALS.
THE WARRANTIES AND REPRESENTATIONS SET FORTH IN THIS AGREEMENT
ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO
THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES,
WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY
AGREEMENT BETWEEN THE PARTIES OR BY OPERATION OF LAW, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NONE OF THESE WARRANTIES AND REPRESENTATIONS WILL EXTEND TO
ANY THIRD PERSON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
IX. Disclaimer
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY LAWS
IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER
HAS PROVIDED OR INTENDS TO PURCHASE OR PROVIDE ANY SERVICES
IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE THE SITE WILL BE
TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM ANY LIABILITY
FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES
FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO
DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT
MAY ARISE SHOULD YOU VIOLATE ANY LAW. YOU DO ALSO HEREBY AGREE
TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED
BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND
ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION
BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS SITE. OUR SITE
CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES. YOU
DO HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY
THAT MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT AND
AGREE TO CEASE REVIEW OF THE SITE SHOULD YOU FIND IT OFFENSIVE.
IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY APPLICABLE
LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE
TO EXIT IT IMMEDIATELY. THUS, ALL DISPUTES RELATING TO THE ONLINE
STORE SHALL BE DIRECTED TO THE STORE, AND NOT THE SITE.
X. Limitation of Liability
IN NO EVENT SHALL SITE (OR ITS LICENSORS, AGENTS, SUPPLIERS,
RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS)
BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
LOSS OF INFORMATION, BUSINESS INTERUPTION, REVENUE, OR GOODWILL,
WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY
TO USE THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN
IF SITE HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES.
THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT,
WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT OR OTHERWISE, EVEN IF SITE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL SITE’S MAXIMUM TOTAL
AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE
TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITE FOR
A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE
APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
XI. Indemnity
You agree to defend, indemnify, and hold harmless the SITE,
its officers, directors, shareholders, employees, independent
contractors, telecommunication providers, and agents, from and
against any and all claims, actions, loss, liabilities, expenses,
costs, or demands, including without limitation legal and accounting
fees, for all damages directly, indirectly, and/or consequentially
resulting or allegedly resulting from your, or you under another
person’s authority including without limitation to governmental
agencies, use, misuse, or inability to use the SITE or any of
the Materials contained therein, or your breach of any of these
Terms and Conditions. SITE shall promptly notify you by electronic
mail of any such claim or suit, and cooperate fully (at your
expense) in the defense of such claim or suit. We reserve the
right to participate in the defense of such claim or defense
at its own expense, and choose its own legal counsel, but are
not obligated to do so.
XII. Links and Linking
Some websites which are linked to the SITE are owned and operated
by third parties. Because the SITE has no control over such
websites and resources, you acknowledge and agree that SITE
is not responsible or liable for the availability of such external
websites or resources, and does not screen or endorse them,
and is not responsible or liable for any content, advertising,
services, products, or other materials on or available from
such websites or resources. You further acknowledge and agree
that SITE shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such third-party
content, goods or services available on or through any such
website or resource. If you decide to access any such third
party website, you do so entirely at your own risk and subject
to any terms and conditions and privacy policies posted therein.
Users further acknowledge that use of any website controlled,
owned or operated by third parties is governed by the terms
and conditions of use for those websites, and not by this SITE’s
Terms and Conditions, Spam Policy, Webmaster Agreement, or Privacy
Policy, which are incorporated by reference. Links to external
websites or the featured model’s linked websites (including
external websites that are framed by the Site) or inclusions
of advertisements do not constitute an endorsement by the SITE
of such websites or the content, products, advertising or other
materials presented on such SITE, but are for user's convenience.
Users access them at their own risk. The SITE expressly disclaims
any liability for any damages whatsoever incurred by any user
in connection with the use of any website, the access to which
was found through this SITE. The SITE expressly disclaims any
liability derived from the use and/or viewing of any links that
may appear on this SITE. All users do hereby agree to hold the
SITE harmless from any and all damages and liability that may
result from the use of links that may appear on the SITE. The
SITE reserves the right to terminate any link or linking program
at anytime.
XIII. Trademark Information
This SITE and the aforementioned names of the SITES are service
marks and/or trademarks of the SITE. We aggressively defend
our intellectual property rights. Other manufacturers’
product and service names referenced herein may be trademarks
and service marks of their respective companies and are the
exclusive property of such respective owners, and may not be
used publicly without the express written consent of the owners
and/or holders of such trademarks and service marks. The SITE’s
marks, logos, domains, and trademarks may not be used publicly
except with express written permission from SITE, and may not
be used in any manner that is likely to cause confusion among
consumers, or in any manner that disparages or discredits SITE.
XIV. Copyright Information
The Materials accessible from the SITE, and any other World
Wide Web Site owned, operated, licensed, or controlled by SITE,
is the proprietary information and valuable intellectual property
of SITE or the party that provided the Materials to SITE, and
SITE or the party that provided the Materials to SITE retains
all right, title, and interest in the Materials. Accordingly,
the Materials may not be copied, distributed, republished, modified,
uploaded, posted, or transmitted in any way without the prior
written consent of SITE, except that you may print out a copy
of the Materials solely for your personal use. In doing so,
you may not remove or alter, or cause to be removed or altered,
any copyright, trademark, trade name, service mark, or any other
proprietary notice or legend appearing on any of the Materials.
Modification or use of the Content except as expressly provided
in these Terms and Conditions violates the SITE’s intellectual
property rights. Neither title nor intellectual property rights
are transferred to you by access to the SITE. All Materials
included on the SITE, such as text, graphics, photographs, video
and audio clips, music, soundtracks, button icons, streaming
data, animation, images, downloadable materials, data compilations
and software is the property of the SITE or its content suppliers
and is protected by United States and international copyright
laws. The compilation of all Materials on the SITE is the exclusive
property of the SITE or its content suppliers and protected
by United States and international copyright laws, as well as
other laws and regulations.
XV. Notice of Claimed Infringement
The SITE respects the intellectual property of others, and we
ask our users to do the same. We voluntarily observe and comply
with the United States’ Digital Millennium Copyright Act.
If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please provide SITE’s
Designated Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest;
(b) description of the copyrighted work or other intellectual
property that you claim has been infringed;
(c) a description of where the material that you claim is infringing
is located on a SITE;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law; and
(f) a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you
are the copyright or intellectual property owner or authorized
to act on the copyright or intellectual property owner’s
behalf.
You may send your Notice of Claimed Infringement to:
Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Phone: (407) 389-4529
Fax: (407) 774-6151
Larry@LawrenceWalters.com
Please do not sent other inquires or information to our Designated
Agent.
XVI. Notice and Takedown Procedures
The SITE implement the following “notice and takedown”
procedure upon receipt of any notification of claimed copyright
infringement. The SITE reserve the right at any time to disable
access to, or remove any material or activity accessible on
or from the SITE or any Materials claimed to be infringing or
based on facts or circumstances from which infringing activity
is apparent. It is the firm policy of the SITE to terminate
the account of repeat copyright infringers, when appropriate,
and the SITE will act expeditiously to remove access to all
material that infringes on another’s copyright, according
to the procedure set forth in 17 U.S.C. ?512 of the Digital
Millennium Copyright Act (“DMCA”). The SITE’s
DMCA Notice Procedures are set forth in the preceding paragraph.
If the notice does not comply with Paragraph 19 and ?512 of
the DMCA, but does comply with three requirements for identifying
SITE that are infringing according to ?512 of the DMCA, the
SITE shall attempt to contact or take other reasonable steps
to contact the complaining party to help that party comply with
the notice requirements. When the Designated Agent receives
a valid notice, the SITE will expeditiously remove and/or disable
access to the infringing material and shall notify the affected
user. Then, the affected user may submit a counter-notification
to the Designated Agent containing a statement made under penalty
of perjury that the user has a good faith belief that the material
was removed because of misidentification of the material. After
the Designated Agent receives the counter-notification, it will
replace the material at issue within 10-14 days after receipt
of the counter-notification unless the Designated Agent receives
notice that a court action has been filed by the complaining
party seeking an injunction against the infringing activity.
The SITE reserve the right to modify, alter or add to this policy,
and all users should regularly check back to these Terms and
Conditions to stay current on any such changes.
XVII. Export Control
You understand and acknowledge that the software elements of
the Materials on the SITE may be subject to regulation by agencies
of the United States Government, including the United States
Department of Commerce, which prohibits export or diversion
of software to certain countries and third parties. Diversion
of such Materials contrary to United States’ or international
law is prohibited. You will not assist or participate in any
such diversion or other violation of applicable laws and regulations.
You warrant that you will not license or otherwise permit anyone
not approved to receive controlled commodities under applicable
laws and regulations and that you will abide by such laws and
regulations. You agree that none of the Materials are being
or will be acquired for, shipped, transferred, or re-exported,
directly or indirectly, to proscribed or embargoed countries
or their nationals or be used for proscribed activities.
XVIII. No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create,
imply, give effect to, or otherwise recognize a partnership,
employment, joint venture or formal business entity of any kind;
and the rights and obligations of the parties shall be limited
to those expressly set forth herein.
XIX. Notice
A. Notice
Any notice required to be given under this Agreement may be
provided by email to a functioning email address of the party
to be noticed, by a general posting on the SITE, or personal
delivery by commercial carrier such as FedEx or Airborne. Notices
by customers to SITE shall be given by electronic messages unless
otherwise specified in the Agreement.
B. Change of Address
Either party may change the address to which notice is to be
sent by written notice to the other party pursuant to this provision
of the Agreement.
C. When Notice is Effective
Notices shall be deemed effective upon delivery. Notices delivered
by overnight carrier (e.g., United States Express Mail or Federal
Express) shall be deemed delivered on the business day following
mailing. Notices mailed by United States Mail, postage prepaid,
registered or certified with return receipt requested, shall
be deemed delivered five (5) days after mailing. Notices delivered
by any other method shall be deemed given upon receipt. Notices
by email and facsimile transmission, with confirmation from
the transmitting machine that the transmission was completed,
are acceptable under this Agreement provided that they are delivered
one (1) hour after transmission if sent during the recipient's
business hours, or 9:00 a.m. (recipient's time) the next business
day. Either Party may, by giving the other Party appropriate
written notice, change the designated address, fax number and/or
recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice
Any correctly addressed notice that is refused, unclaimed, or
undeliverable, because of an act or omission of the Party to
be notified shall be deemed effective as of the first date that
said notice was refused or deemed undeliverable by the postal
authorities, messenger, facsimile machine, email server, or
overnight delivery service.
XX. Communications not Private
SITE does not provide any facility for sending or receiving
private or confidential electronic communications. All messages
transmitted to SITE shall be deemed to be readily accessible
to the general public. Visitors should not use this SITE to
transmit any communication for which the sender intends only
the sender and the intended recipient(s) to read. Notice is
hereby given that all messages entered into this SITE can and
may be read by the agents and operators of this service, regardless
of whether they are the intended recipients of such messages.
XXI. Force Majeure
SITE shall not be responsible for any failure to perform due
to unforeseen circumstances or to causes beyond our reasonable
control, including but not limited to: acts of God, such as
fire, flood, earthquakes, hurricanes, tropical storms or other
natural disasters; war, riot, arson, embargoes, acts of civil
or military authority, or terrorism; fiber cuts; strikes, or
shortages in transportation, facilities, fuel, energy, labor
or materials; failure of the telecommunications or information
services infrastructure; hacking, SPAM, or any failure of a
computer, server or software, including Y2K errors or omissions,
for so long as such event continues to delay the SITE’s
performance.
XXII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or
otherwise relating to these Terms and Conditions shall be governed
by the laws of the State of Florida, excluding its conflict
of law provisions. The parties agree that the United Nations
Convention on Contracts for the International Sale of Goods
is specifically excluded from application to these Terms and
Conditions. The parties hereby submit to the personal jurisdiction
of the state and federal courts of the State of Florida. Exclusive
venue for any litigation or arbitration permitted under this
Agreement shall be with the state and federal courts located
in Seminole County, Florida.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate
to provide an aggrieved party with full compensation in the
event of the other party’s breach, and that an aggrieved
party shall therefore be entitled to seek injunctive relief
in the event of any such breach, in addition to seeking all
other remedies available at law or in equity.
C. Binding Arbitration
If there is a dispute between the Parties arising out of or
otherwise relating to this Agreement, the Parties shall meet
and negotiate in good faith to attempt to resolve the dispute.
If the Parties are unable to resolve the dispute through direct
negotiations, then, except as otherwise provided herein, either
Party may submit the issue to binding arbitration in accordance
with the then-existing Commercial Arbitration Rules of the American
Arbitration Association. Arbitral Claims shall include, but
are not limited to, contract and tort claims of all kinds, and
all claims based on any federal, state or local law, statute,
or regulation, excepting only claims under applicable worker’s
compensation law, unemployment insurance claims, actions for
injunctions, attachment, garnishment, and other equitable relief.
The arbitration shall be conducted in Seminole County, Florida,
and conducted by a single arbitrator, knowledgeable in Internet
and e-Commerce disputes. The arbitrator shall have no authority
to award any punitive or exemplary damages; certify a class
action; add any parties; vary or ignore the provisions of these
Terms and Conditions; and shall be bound by governing and applicable
law. The arbitrator shall render a written opinion setting forth
all material facts and the basis of his or her decision within
thirty (30) days of the conclusion of the arbitration proceeding.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY
JURY IN REGARD TO ARBITRAL CLAIMS.
D. Assignment
The rights and liabilities of the parties hereto will bind and
inure to the benefit of their respective assignees, successors,
executors, and administrators, as the case may be.
E. Severability
If for any reason a court of competent jurisdiction or an arbitrator
finds any provision of these Terms and Conditions, or any portion
thereof, to be unenforceable, that provision will be enforced
to the maximum extent permissible and the remainder of these
Terms and Conditions will continue in full force and effect.
F. Attorney’s Fees
In the event any Party shall commence any claims, actions, formal
legal action, or arbitration to interpret and/or enforce the
terms and conditions of this Agreement, or relating in any way
to this Agreement, including without limitation asserted breaches
of representations and warranties, the prevailing party in any
such action or proceeding shall be entitled to recover, in addition
to all other available relief, its reasonable attorney’s
fees and costs incurred in connection therewith, including attorney’s
fees incurred on appeal.
G. No Waiver
No waiver of SITE shall be deemed a waiver of any subsequent
default of the same provision of these Terms and Conditions.
If any term, clause or provision hereof is held invalid or unenforceable
by a court of competent jurisdiction, such invalidity shall
not affect the validity or operation of any other term, clause
or provision and such invalid term, clause or provision shall
be deemed to be severed from these Terms and Conditions.
H. Headings
All headings are solely for the convenience of reference and
shall not affect the meaning, construction or effect of these
Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between
the parties with respect to your access and use of the SITE
and the Materials contained therein, and your membership with
the SITE, and supersede and replace all prior or contemporaneous
understandings or agreements, written or oral, regarding such
subject matter. No amendment to or modification of these Terms
and Conditions will be binding unless in writing and signed
by a duly authorized representative of both parties.
J. Modifications
SITE reserves the right to change any of the provisions posted
herein and you agree to review these Terms and Conditions each
time you visit the SITE. Your continued use of the SITE following
the SITE’s posting of any changes to these Terms and Conditions
constitutes your acceptance of such changes. The SITE does not
and will not assume any obligation to provide you with notice
of any change to these Terms and Conditions. Unless accepted
by SITE in writing, these Terms and Conditions may not be amended
by you.
K. Government Rights
The software elements of the Materials have been developed at
private expense and are “commercial computer software”
or “restricted computer software” within the meaning
of the FARs, the DFARs, and any other similar regulations relating
to government acquisition of computer software. Nothing contained
herein will be deemed to: (1) grant any government agency any
license or other rights greater than are mandated by statute
or regulation for commercial computer software developed entirely
at private expense, or (2) restrict any government rights in
any extensions or custom solutions provided hereunder and developed
at government expense. You further agree not to upload to our
SITE any data or software that cannot be exported without prior
written government authorization, including, but not limited
to, certain types of encryption software. This assurance and
commitment shall survive termination of this Agreement.
L. Other Jurisdictions
SITE makes no representation that the SITE or any of the Materials
contained therein are appropriate or available for use in other
locations, and access to them from territories where their content
may be illegal or is otherwise prohibited. Those who choose
to access the SITE from such locations do on their own initiative
and are solely responsible for compliance with all applicable
local laws.
COMPLAINTS – CALIFORNIA RESIDENTS The Complaint Assistance
Unit of the Division of Consumer Services of the Department
of Consumer Affairs may be contacted in writing at 1020 N. Street,
#501, Sacramento, CA 95814. |
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