YOUR AGREEMENT TO ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT IS REQUIRED FOR YOU TO BECOME A MEMBER
OF, OR OTHERWISE ACCESS OR USE THE RESTRICTED “MEMBERS”
AREAS OF MUSCLEPRINCE.COM (“WEB SITE”). IF YOU DO NOT AGREE
TO THE TERMS AND CONDITIONS SET FORTH BELOW YOU WILL NOT BE ACCEPTED
AS A MEMBER AND YOU WILL NOT BE AUTHORIZED TO ACCESS, VIEW, DOWNLOAD
OR OTHERWISE USE ANY OF THE CONTENT OR OTHER MATERIALS IN THE MEMBERS
PORTION OF THE WEB SITE.
BEFORE YOU BEGIN OR CONTINUE TO USE OUR WEB SITE OR ANY SERVICES
PROVIDED BY OR THROUGH OUR WEB SITE, PLEASE CAREFULLY READ THIS
LEGAL DOCUMENT (“AGREEMENT”). THIS AGREEMENT CONTAINS
IMPORTANT INFORMATION AND SETS FORTH THE ENTIRE AGREEMENT BETWEEN
YOU AND US, THE CREATOR AND OWNER OF MUSCLEPRINCE.COM (“WEBSITE OWNER”).
IT IS THEREFORE VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT
BECAUSE BY YOUR USE OR CONTINUED USE OF THE WEB SITE OR ANY OF ITS
RELATED SERVICES, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE
TO ALL THE TERMS, CONDITIONS AND OTHER PROVISIONS SET FORTH IN THIS
AGREEMENT AND IN OUR PRIVACY POLICY.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY ENTERING THIS
WEB SITE WILL CONSTITUTE YOUR ACKNOWLEDGMENT AND AGREEMENT THAT
THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE
AGREEMENT BETWEEN YOU AND THE WEBSITE OWNER AND THAT YOU HEREBY ACKNOWLEDGE
AND AGREE TO ALL OF THE ABOVE AND TO ALL OF THE FOLLOWING:
1. PARTIES TO THIS AGREEMENT — DEFINITIONS.
1.1 PARTIES. The parties to this Agreement are You and THE OWNER AND CREATOR OF MUSCLEPRINCE.COM., hereinafter the “Website Owner.”
1.2. DEFINITIONS. As used in this Agreement,
1.2.1 The terms “Company,” “Licensor,”
“We,” “Us”, "Website Owner", "Website
Creator" and variants thereof, shall interchangeably refer
to the MUSCLEPRINCE.COM Owner as licensor of certain non-exclusive
rights to You, the licensee, to conditionally access and use the
Web Site and materials available in, at, through, and in association
with the Web Site, subject to the terms and conditions of this Agreement.
1.2.2. The terms “Member,” “Subscriber,”
User,” “You” and variants thereof, shall interchangeably
refer to You, an individual, human being (i.e., a non-commercial
entity) seeking a limited license, subject to the terms and conditions
of this Agreement, to access the restricted areas of the MUSCLEPRINCE.COM
Web Site, and materials and services available in, at, through,
and in association with the Web Site, for entertainment and educational
purposes only.
1.2.3. The terms “Content” and “Materials”
shall interchangeably refer to prerecorded materials, including
photographs, video, audio, audiovisual materials, textual, graphical,
haptic, telephone “wallpaper,” ringtones, games, contests,
live audio and audiovisual entertainment, including live shows,
video feeds, video “chat”, audio “chat”,
“audio text”, “video text,” and other materials
available in, at, through, or in association with the Web Site,
by the Website Owner or by one or more third party Content providers pursuant
to licensing or sub-licensing agreement(s) with the Website Owner.
1.2.4. The terms “Agreement,” “Terms and Conditions,”
“Terms of Use” and “this document” shall
interchangeably refer to this Agreement entitled “Terms and
Conditions Of Access And Use Of MusclePrince.com” and all future
versions and modifications thereof created by the Website Owner or its
successor(s), assign(s) and it (their) successors(s) and assign(s).
2. SEXUALLY EXPLICIT MATERIAL.
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, AND HOMOSEXUAL 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 WEBSITE OWNER 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 Website Owner’s computers and databases in excess of the authorization
expressly granted by the Website Owner 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 Website Owner's, and potentially others' copyrights protected under
the laws of the United States and other countries, intentional infringements
of the Website Owner'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 the payment
of membership fees, together with 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 Website Owner hereby grants You all the privileges of Membership
including access to the Members-only Materials at the Web Site and
limited, nonexclusive and nontransferable license to use the Materials
contained in, at or made available through or in association with
the Web Site solely for Your private personal entertainment, educational
and non-commercial use, as provided by the Website Owner during the period
in which You are a Member in good standing.
4.2. EXTENT OF ACCESS DETERMINED BY TYPE OF MEMBERSHIP. 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 Website Owner 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 Website Creator
or others who have licensed use of, or access to, such Materials
to the Creator. 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 Owner and only in accordance with
the terms and conditions of Your membership. 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 Owner 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, or 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 Website Owner 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 Owner.
4.6. 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 Website
Owner. The Owner reserves all rights to restrict the access to,
and to restrict the duplication and distribution of all such intellectual
property. The Owner 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 Owner’s
computer databases, including, but not limited to, accessing, viewing,
downloading, receiving or other use of Materials, in any manner,
by You, directly or indirectly, shall constitute intentional copyright
infringement(s) of the Website Owner'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 Website Owner's trademarks. Moreover,
You acknowledge and agree that 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 Website Owner in this Agreement, shall comprise a violation
of The Stored Communications Act (18 U.S.C. §§ 2701- 2710).
Intentional violation of the Website Owner’s copyrights could
subject You to statutory damages of up to $150,000 per infringement.
5. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS.
5.1. The contents of the Site are intended for the personal, noncommercial
use of its visitors and subscribers. All materials published on
the Site (including, but not limited to articles, photographs, images,
illustrations, audio clips and video clips) (the "Content")
are protected by copyright and other intellectual property laws,
and are owned or controlled by the Company, or by the party credited
as the provider of the Content, software or other materials. You
agree to abide by all additional copyright or other notices, information
or restrictions appearing in conjunction with any Content, software
or other materials accessed through the Site.
The Site is protected by copyright as a collective work and/or
compilation, pursuant to U.S. copyright laws, international conventions
and other copyright laws. You may not modify, adapt, translate,
exhibit, publish, transmit, participate in the transfer or sale
of, reproduce (except as provided in this section of the Terms of
the Site), create derivative works from, distribute, perform, display,
reverse engineer, decompile or dissemble, or in any way exploit,
any of the Content, software, materials or the Site in whole or
in part.
Visitors (i.e., those who are not subscribers in good standing
at the time they access the site) may not download or copy the Content
or other downloadable items displayed on the Site except to the
extent technically necessary to view such Content in a browser,
and then only to the extent that such Content or other downloadable
items are located in unsecured, publicly-accessible areas of the
Site. Copying or storing of any Content is expressly prohibited
without prior written permission from the Company or the copyright
holder identified in the individual Content's proprietary notices.
SUBSCRIPTIONS MAY NOT BE ASSIGNED OR TRANSFERRED TO ANY OTHER PERSON
OR ENTITY, AND ANY SUCH PURPORTED ASSIGNMENT OR TRANSFER WILL RESULT
IN THE IMMEDIATE TERMINATION OF THE SUBSCRIPTION PURPORTEDLY ASSIGNED
OR TRANSFERRED.
THE USE OF THE CONTENT ON ANY OTHER WEB SITE (INCLUDING, WITHOUT
LIMITATION, THUMBNAILING OF IMAGES BY IMAGE SEARCH ENGINES) OR IN
A NETWORKED COMPUTER ENVIRONMENT FOR ANY PURPOSE IS PROHIBITED.
FRAMING OF ANY PAGE, IMAGE, GRAPHIC OR OTHER CONTENT BY ANY OTHER
WEB SITE IS PROHIBITED.
LINKING IS PERMITTED ONLY TO PUBLIC AREAS OF THE SITE, AND THEN
ONLY TO HTML DOCUMENTS. LINKING TO IMAGES ("HOTLINKING")
IS EXPRESSLY PROHIBITED.
5.2. You agree to be personally liable and fully indemnify the
Website Owner 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 Website
Owner’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.
6. MONTHLY MEMBERSHIPS AND FEES. By accepting a 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 membership) and You agree
to the following terms and conditions:
6.1. LENGTH OF MEMBERSHIP. Depending on the membership plan you
choose, Your membership will entitle You full access of the Web
Site for the number of days specified in the plan, starting on the
first day You submit Your membership application or Your Membership
fee payment information at our registration, payment or check-out
page.
6.2. NON-CANCELLED RECURRING MEMBERSHIP. Website Owner does not
offer a recurring membership, although members may choose to renew
his or her membership before the current membership expires.
6.3. 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 Website Owner.
6.4. 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 Website Owner believes the information
You provide is not correct, current, or complete, the Website Owner
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.
7. CANCELLATION.
7.1. CANCELLING MEMBERSHIPS. TO CANCEL MEMBERSHIP PERIOD, YOU MUST
NOTIFY THE WEBSITE OWNER AT LEAST SEVEN (7) DAYS PRIOR TO THE END
OF THE MEMBERSHIP PERIOD TO RECEIVE FULL REFUND. Memberships may
be cancelled through the Member Services page. You hereby acknowledge
and agree that if You cancel Your monthly membership, Your username
and password will be removed from the system immediately.
8. RESERVED RIGHT TO DISCONTINUE ANY FEATURE OF WEB SITE. You acknowledge
and agree that the Website Owner 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,
or any Content or other Materials available in, at, through or in
association with the Web Site, at any time, in the Website Owner’s
sole discretion, or, as relevant, in the sole discretion of the
applicable third party Content provider(s).
9. PAYMENT PROCESSING AUTHORIZATION. You hereby authorize the Website
Owner’s Internet Payment Service Providers and other authorized
agents and assigns (“Authorized Processors”) to charge
Your credit card to pay for Your membership fee, if any, and all
monthly membership fees, 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.
9.1. 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.
10. PAYMENT AUTHORIZATION.
10.1. 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 Website Owner and its agents to transact such payments
on Your behalf.
10.2. AUTHORIZATION TO CHARGE YOUR CREDIT CARD. You hereby authorize
the Website Owner's Internet Payment Service Provider to charge
Your credit card to pay for Your Membership to the Web Site. You
further authorize the Website Owner's Internet Payment Service Provider
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
Website Owner 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 Website Owner.
10.3. OBLIGATION TO REPORT LOST OR STOLEN CREDIT CARD. You further
agree that as a Member and User of the Web Site, You must promptly
inform Website Owner's Internet Payment Service Processor 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 or 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 Website Owner's ability to expeditiously obtain payments
due to the Website Owner. 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 Website Owner’s
Customer Service.
10.4. RESPONSIBILITY FOR UNAUTHORIZED USE OF WEB SITE. You further
acknowledge and agree that You will remain liable to the Website
Owner 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 Website Owner’s
Customer Service.
11. DISPUTING CHARGES. To dispute or cancel any erroneous charge,
you must contact Website Owner's Customer Service.
12. NOTICES TO WEBSITE OWNER OR MEMBERS. Notices from the Web Site
to You may be given by means of electronic messages or by general
posting on the Web Site.
13. TERMINATION OF MEMBERSHIP. Subject to the cancellation policy
and procedures set forth in this Agreement, either the Website Owner
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.
14. 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 Website Owner, 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.
15. 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 Website Owner will be entitled
to monitor Your password and, at its discretion, require You to
change it. If You use a password that the Website Owner considers
insecure, the Website Owner 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, Website
Owner 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 Website Owner,
and potentially other parties, and may violate civil and criminal
laws, including the Stored Communications Act. The Website Owner
reserves the right to investigate all suspected violations of these
and other posted Terms of Use.
16. PRIVACY POLICY. You hereby acknowledge the Website Owner’s
Privacy Policy and waive any claims against the Website Owner arising
out of any matter relating thereto.
17. RESTRICTIONS ON USE.
17.1. USE LIMITED BY WEBSITE OWNER. You may only use the Web Site
for purposes expressly permitted by the Website Owner 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 Website Owner’s express prior written consent. For example,
You may not (and may not authorize any other party to) (i) co brand
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 Website Owner. For purposes of
this Agreement, “co branding” 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 Website Owner in causing any unauthorized
co-branding, framing or hyper-linking immediately to cease.
17.2. 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 Website Owner are
the proprietary information of the Website Owner and Website Owner
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 Website Owner, 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 Website Owner’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.
17.3. TRADEMARKS, SERVICE MARKS, AND LOGOS. The name of this Web
Site is a service mark of Website Owner. No use of this mark shall
be permitted except through the prior written authorization and
permission of Website Owner. All rights reserved. All other trademarks,
service marks, and logos appearing in the Web Site are the property
of the Website Owner or the party that provided the trademarks,
service marks, and logos to the Website Owner. The Website Owner
and any party that provided trademarks, service marks, and logos
to the Website Owner retain all rights with respect to any and all
of their respective trademarks, service marks, and logos appearing
in the Web Site.
18. NO REPRESENTATION, GUARANTEE OR WARRANTY THAT WEB SITE OR CONTENT
ASSOCIATED THEREWITH IS FREE OF HARMFUL OR MALICIOUS CODE. You understand
that the Website Owner 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 Website Owner 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.
19. DISCLAIMERS; NO WARRANTIES; YOUR USE OF THIS SITE IS AT YOUR
OWN RISK.
19.1. 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 WEBSITE OWNER 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 WEBSITE
OWNER EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE WEBSITE OWNER
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 WEBSITE OWNER 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 WEBSITE OWNER
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 WEBSITE
OWNER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
19.2. YOU ASSUME ALL RISK OF USE. YOU, AND NOT THE WEBSITE OWNER,
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 WEBSITE OWNER, 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 WEBSITE OWNER, ASSUME THE ENTIRE COST AND
ALL DAMAGES WHICH MAY RESULT DIRECTLY OR INDIRECTLY FROM ANY AND
ALL SUCH DEFECTS.
19.3. 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
WEBSITE OWNER 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.
19.4. 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 WEBSITE
OWNER, 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.
20. 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 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.
21. COOPERATION WITH LAW ENFORCEMENT. The Website Owner reserves
the right to fully cooperate with any law enforcement authorities
or court order requesting or directing the Website Owner 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 WEBSITE OWNER FROM ANY CLAIMS RESULTING FROM ANY ACTION
TAKEN BY WEBSITE OWNER DURING, OR AS A RESULT OF, ITS INVESTIGATIONS,
AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER WEBSITE OWNER OR LAW ENFORCEMENT AUTHORITIES.
22. ENTIRE AGREEMENT. This Agreement contains the entire agreement
between You, the Licensee, and the Website Owner 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 Website Owner. Notwithstanding
the foregoing, any additional terms and conditions on the Web Site
will govern the items and matters to which they pertain. The Website
Owner may revise this Agreement at any time by updating this posting.
23. 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.
24. AFFIRMATION OF AGREEMENT; ACKNOWLEDGE YOU HAVE READ THIS ENTIRE
AGREEMENT. By clicking on a link agreeing to this Agreement anywhere
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.
24.1. 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.
24.2. 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.
|