Last Updated: May 2, 2016
The Website provides access to user generated pornographic content that may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature unsuitable for minors. The Website allows users to upload, share, and view user generated pornographic content, including sexually explicit images. You may view the content on the Website without registering, but you must register for a free account to post content.
This agreement applies to all users of the Website, whether you are a “visitor” or a “registered user.” By registering for a free account or accessing any part of the Website, you agree to this agreement. If you do not want to agree to this agreement, you must leave the Website. If you breach any part of this agreement, the Company may revoke your license to access the Website, block your access, and cancel your account.
The Company is not liable for anything that you post or say while you are on the Website. The Company does not monitor the content of the Website, but if the Company does see, or someone tells the Company that you have posted, something that the Company finds inappropriate, the Company will remove it. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), the Company is not in the firing line. You have to take responsibility for what you post.
The Company may change this agreement on one or more occasions by updating this page. The top of this page will tell you when the Company last updated this agreement. Changes will take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. The Company will try to notify you when it changes this agreement if it can do so in a reasonable manner. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. The Company will consider your continued use of the Website after it posts the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Website.
If you have any questions about this agreement or any questions or comments about the Website, please email the Company at [email protected].
The Website contains uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now.
By accessing the Website, you state that the following facts are accurate:
You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter into this agreement;
All information you provided to the Company is accurate and you will promptly update this information when necessary to make sure that it remains accurate;
You are aware of the adult nature of the content available on the Website and that you are not offended by content of this nature, including content depicting men or women in various sexual situations;
You are familiar with your community’s laws affecting your right to access adult oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities;
You have the legal right to access adult oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities, and the Company has legal right to transmit them to you;
You are voluntarily requesting adult oriented materials for your own private enjoyment;
You will not share these materials with a minor or otherwise make them available to a minor; and
By logging on, you will have released and discharged the providers, owners, and creators of the Website from all liability that might arise.
Intellectual Property Rights
Ownership of Website
The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of the material and are protected by British Virgin Islands and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Website name, domain name, and logo are the Company’s trademarks, and you must not copy, imitate, or use them, in whole or in part, without the Company’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are the Company’s service marks, trademarks, and trade dress, and you must not copy, imitate, or use them, in whole or in part, without the Company’s advance written permission.
The Company hereby grants you a nonexclusive, nonsublicensable, nontransferable license to access the Website and its content for your personal and noncommercial use in accordance with this agreement. “Access” means visit the Website, use its services, and view or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on the Website.
The license granted in section 3.3 does not include any of the following:
resale or commercial use of the Website;
distribution, public performance, or public display of the Website or the content;
changing or otherwise making any derivative uses of the Website and the content, or any part of the Website or the content, unless the Company specifically authorizes change or derivative use in a separate written agreement with you;
use of any data mining, robots, or similar gathering or extraction methods;
downloading (other than webpage caching) any part of the Website or the content except as permitted on the Website; or
any other use of the Website or the content other than for its intended purpose.
Your license to access the Website does not transfer ownership of or title to a copy of any content that you view or print, and the Company only authorizes you to use your copy in accordance with this agreement. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the Website or the content except as authorized by this agreement will terminate the license granted here. Unauthorized use of the Website or the content may also violate intellectual property laws or other laws. Unless stated here, nothing in this agreement should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. The Company may revoke this license at any time.
To fully access the Website, you have to register. Registration is free and for a single user only. To register, you must complete the registration process by providing the Company with accurate information as prompted by the registration form. You also will choose a password and a username.
Responsibility for Account
You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify the Company of any unauthorized use of your account or any other breach of security.
Liability for Account Misuse
The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
Use of Other Accounts
You must not use anyone else’s account at any time.
The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.
You are solely responsible for all acts and omissions that occur because of your use of the Website. You must not engage in any of the following prohibited activities:
use the Website for any unlawful purpose or in any way that is prohibited by this agreement or that exposes the Company to civil or criminal liability;
infringe on the intellectual-property rights of another person, including to make, obtain, post, or otherwise access illegal or infringing copies of copyrighted content;
submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, infringing, or illegal material to any other user of the Website or to any other person;
exploit or harm or to try to exploit or harm minors by exposing them to inappropriate content, asking for personal information, or otherwise;
harass, stalk, or otherwise invade the privacy of another person (including the dissemination of personal information);
promote the physical harm or injury of any individual or group, or promote any act of cruelty to animals;
engage in false or deceptive advertising or trade practices;
use or try to use any other user’s account on the Website;
impersonate another person during your use of the Website, including registering or trying to register another person for an account;
use any automated means—including robots, spiders, crawlers, or data mining tools—to download, monitor, or use data or content from the Website or otherwise access any content on the Website through any technology or means other than those provided or authorized by the Website;
attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
collect email addresses for sending unsolicited messages;
collect or harvest any personally identifiable information, including account names, from the Website;
take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Company’s technology infrastructure or otherwise make excessive demands on it;
forge headers or otherwise manipulate identifiers to disguise the origin of any information you send;
disable, circumvent, or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of content, or features that enforce limits on the use of the Website or the content on it, including any digital rights management (DRM) functionality;
remove any proprietary notices or labels—including copyright, patent, service mark, or trademark notices—on the content;
try to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
post, link to, or otherwise make available on the Website any content that contains software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any software, hardware, or telecommunications equipment;
send, create, or reply to so-called “mail bombs” (that is, emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent); engage in “spamming” (that is, unsolicited emailing for business or other purposes); or undertake any other activity that may adversely affect the operation or enjoyment of the Website by another person;
copy, distribute, or disclose any part of the Website in any medium, including by any automated or non-automated “scraping;”
reproduce, sell, resell, or otherwise commercially exploit or make available the Website or its content to any other person;
“frame” or “mirror” the Website; or
reverse engineer the Website or any part of it.
The Company may change, limit, or cancel your access if you fail to comply with this section 5. Unauthorized use of the Website or the content may also violate various laws, including copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Company will take appropriate action against you for any unauthorized use of the Website or the content, including civil, criminal, injunctive relief, and termination of your access or registration.
User Generated Content
You keep all ownership rights to content uploaded to the Website. You acknowledge that the Company has no control over what other users may do with copies of your content if you remove your submissions from the Website.
By submitting content to the Website, you hereby grant the Company, its affiliates, and service providers, and each of their and the Company’s respective licensees, a worldwide, nonexclusive, sublicensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website and the Company’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Website (and derivative works of it) in any media formats and through any media channels. The Company may freely use and otherwise exploit this content for any purpose without any obligation to pay you.
You hereby waive all moral rights in your submissions that may be available to you in any part of the world and you state that no moral rights have been asserted.
Statements of Fact
For each submission you make to the Website, you state that the following facts are accurate:
You own or control all rights in the content and have the right to grant the license granted above to the Company and its affiliates and service providers, and each of their and the Company’s respective licensees, successors, and assigns;
You are not posting any content depicting any person under 18-years old;
You have inspected and are keeping written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older as required by 18 U.S.C. §§ 2257–2257A and the implementing regulations codified at 28 C.F.R. Part 75;
You have a signed written consent or release for each identifiable person in the submission to use their name or likeness to allow inclusion and use of the submission in the way contemplated by the Website and this agreement; and
All of your submissions do and will comply with this agreement.
These content standards apply to all user contributions. User contributions must in their entirety comply with federal, state, local, and international laws and regulations. User contributions must not:
Contain any material that is defamatory, obscene (including child pornography), indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Depict or portray minors or anyone under 18-years old or the age of majority, incest, rape or nonconsensual sex, extreme violence, torture, nonconsensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sado-masochistic abuse or bondage, genital mutilation, bestiality, urination, defecation, enema play, vomiting, or menstrual bleeding;
Depict revenge porn, that is content uploaded by intimate partners with the intent of humiliating the partner depicted or that is otherwise uploaded without the consent of all individuals involved;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
Contain material taken from adult magazines, professional porn movies, or pay sites (not even their free samples) unless you are the owner of the material or have a written license that authorizes you to post the material to the Website;
Contain private or personal information about any person;
Contain software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any software, hardware, or telecommunications equipment;
Be likely to deceive any person;
Promote any illegal activity, or advocate, promote, or assist any unlawful act;
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
Involve commercial activities or sales, including contests, sweepstakes, and other sales promotions, barter, or advertising; or
Give the impression that they emanate from or are endorsed by the Company or any other person or entity, if this is not the case.
Monitoring and Enforcement
The Company may do any of the following:
Remove or refuse to post any user submission for any reason, including obscene or defamatory material or excessive length;
Take any action against any user submission that the Company considers necessary or appropriate, including if the Company believes that the user submission breaches this agreement, infringes any intellectual property right of any person, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
Disclose your identity or other information about you to any person who claims that content posted by you violates their rights, including their intellectual-property rights or their right to privacy;
Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website; or
Terminate or suspend your access to all or part of the Website for any reason, including breach of this agreement.
The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any content on or through the Website. You hereby waive any claims you might have against the Company—including its affiliates, licensees, and service providers—resulting from any action taken by the Company during or because of the Company’s investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
The Company cannot and does not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. The Company will not be liable for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company will not be liable to anyone for performance or nonperformance of the activities described in this section 7. But if you know of any content posted that violates this agreement, please email the Company at [email protected]. Please provide as much detail as possible, including a copy of the objectionable content or the location where the Company may find it, the reason the Company should remove it, and a statement certifying the accuracy of the information you provided to the Company.
The Website contains links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Through the Website, you will have the ability to access or use content provided by third parties. The Company cannot guarantee that third-party content will be free of material you may find objectionable or otherwise. The Company will not be liable to you for your access or use of any third-party content.
By accessing the Website, you acknowledge that Internet transmissions are never completely private or secure. You also acknowledge that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission is encrypted.
The Company may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.
The Company respects the intellectual property rights of others and expect users of the Website to do the same. The Company will respond to notices of alleged copyright infringement that comply with law and are properly provided to the Company. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent with the following information in accordance with the Digital Millennium Copyright Act (DMCA):
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;
your contact information, including your address, telephone number, and an email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
It is the Company’s policy to terminate the user accounts of repeat infringers.
Termination on Notice
Either party may terminate this agreement at any time by notifying the other party.
Termination by the Company
The Company may suspend, disable, or cancel your access to the Website (or any part of it) if it determines that you have breached this agreement or that your conduct would tend to damage the Company’s reputation and goodwill. If the Company terminates your access for any of these reasons, you must not access the Website. The Company may block your email address and IP address to prevent further access.
Effect of Termination
On termination, your right to access the Website and all licenses granted by the Company terminates. Termination of your access to the Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to the Company or any third party.
This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, disclaimers, and limitations of liability.
Reliance on Information Posted
The Company makes the information presented on or through the Website available for general information purposes only. The Company is not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. The Company will not be liable for any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of the Company. The Company will not be liable to you or any other person for the content or accuracy of any materials provided by any third parties.
Changes to the Website; Availability
Although the Company may update the content on the Website on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is not required to update that material. If you believe you have found errors or omissions on the Website, you can bring them to the Company’s attention by contacting it at [email protected].
While the Company will try to make sure that the Website is always available, it does not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of the Company’s control may interfere with or adversely affect its operation of the Website.
Compliance with Law
The Company is not making any statement that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with all local laws.
You acknowledge that the Company cannot and does not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Company provides the Website, its content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranty, either express or implied. The Company is not making any warranty (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
The Company is not making any warranty, whether express, implied, statutory, or otherwise, including warranty of merchantability, title, noninfringement, privacy, security, and fitness for particular purpose.
The Company will not be liable to you for any of the following:
Errors, mistakes, or inaccuracies of content;
Personal injury or property damage resulting from your access to and use of the Website;
Content (including user generated content) or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to your account, contributions, transmissions, or data;
Interruption or cessation of transmission to or from the Website;
Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
Incompatibility between the Website and your other services, hardware, or software;
Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
You hereby release the Company from all liability arising out of user submissions or the conduct of other users or nonparties, including disputes between you and one or more other users or third parties.
Exclusion of Damages; Exclusive Remedy
Unless caused by the Company’s gross negligence or its intentional misconduct, the Company will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of your access or your inability to access the Website or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
The Company also will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. The Company’s maximum liability to you for any claim will not exceed $1.
Scope of Disclaimers, Exclusions, and Limits
The disclaimers, exclusions, and limits stated in sections 16, 17, and 18 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits may not apply to you.
Loss Payment (aka Indemnification)
- You will pay the Company for any loss of ours that is caused by any of the following:
your access of the Website;
your conduct on the Website;
your breach of this agreement;
your violation of rights of another person, including intellectual property and privacy rights;
your violation of law;
your negligent, fraudulent, or intentional conduct; or
your criminal conduct.
- But you are not required to pay if the loss was caused by the Company’s intentional misconduct.
“Loss” means an amount that the Company is legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
The Company’s Duty to Notify You
If the Company has your contact information, the Company will notify you before the 30th day after the Company knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Company’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to mitigate losses.
Legal Defense of a Claim
The Company has control over defending a claim for a loss (including settling it), unless the Company directs you to control the defense. If the Company directs you to control the defense, you will not settle any litigation without the Company’s written consent if the settlement (1) imposes a penalty or limitation on the Company, (2) admits the Company’s fault, or (3) does not fully release the Company from liability. You and the Company will cooperate with each other in good faith on a claim.
The Company’s rights under this section do not affect other rights it might have.
Governing Law; Place for Resolving Disputes
The laws of the British Virgin Islands—without giving effect to any conflicts of law principles—govern all matters arising out of or relating to the Website or this agreement. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a “sale of goods.”
Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the courts in the British Virgin Islands. Each party hereby submits to the personal jurisdiction of the courts in the British Virgin Islands to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
For purposes of this section, the Website will be deemed solely based in the British Virgin Islands and will be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in any other jurisdiction.
- Either party may elect to litigate the following type of case or controversy:
an action seeking injunctive relief, or
a suit to compel compliance with this dispute resolution process.
Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under this agreement. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to the Website or this agreement.
If the parties cannot settle a dispute arising out of or relating to the Website or this agreement through negotiation after 30 days, either party may, by notice to the other party and the BVI International Arbitration Centre, demand mediation under the British Virgin Islands Arbitration Act of 2013.
Mediation will take place in Road Town, Tortola, British Virgin Islands. The language of the mediation will be English. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing.
Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial meeting between the mediator and the parties.
Unless the parties agree otherwise, the arbitration will take place in Road Town, Tortola, British Virgin Islands.
Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration.
The arbitrator may grant whatever relief that would be available in a court at law or in equity in the British Virgin Islands, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The award rendered by the arbitrator will include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
Nothing in this section 22 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Website.
Recovery of Expenses
In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
For purposes of section 22.6(a), “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
Jury Trial Waiver
Class Action Waiver
Limitation on Time to Bring Claims
This agreement constitutes the entire agreement between you and the Company about your access to the Website. It supersedes all earlier or contemporaneous agreements between you and the Company about access to the Website. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
Copy of this Agreement
You may—and the Company recommends that you—print this agreement on your printer or save them to your computer. If you have trouble printing a copy, please contact the Company at [email protected] and the Company will email you a copy.
The Company may change this agreement on one or more occasions. The Company will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes this agreement, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use the Website after the Company posts changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact the Company at [email protected].
Assignment and Delegation
The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this provision is void.
The parties may waive any provision in this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
- The parties intend as follows:
that if any provision of this agreement is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded;
that if modifying or disregarding the unenforceable provision would result in failure of an essential purpose of this agreement, the entire agreement will be held unenforceable;
that if an unenforceable provision is modified or disregarded in accordance with this section, then the rest of the agreement will remain in effect as written; and
that any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.
Sending Notice to the Company
You may send notice to the Company by email at [email protected] unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to the Company.
Sending Notice to You—Electronic Notice
You consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Website chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, the Company may collect the reasonable cost and postage for sending postal notice.
- The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including:
Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
Failure of the telecommunications or information services infrastructure; and
Hacking, SPAM, or any failure of a computer, server, network, or software.
No Third-Party Beneficiaries
This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
Relationship of the Parties
This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a nonparty.
Successors and Assigns
This agreement inures to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement.
Permission to Send Emails to You
Electronic Communications Not Private
The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Consumer Rights Information—California Residents Only
This provision applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
P.O. Box 3159
British Virgin Islands
+357 25 590223
The Company does not charge consumers to register or to access the Website, but the Company may charge for access in the future. You may contact the Company at [email protected] to resolve any disputes or to receive further information about the Website.
You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
The Company encourage you to provide feedback about the Website. But the Company will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
The Company drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.
Your Comments and Concerns
You should direct all feedback, comments, requests for technical support, and other communications relating to the Website to [email protected].
- In this agreement, the following usages apply:
Actions permitted under this agreement may be taken at any time and on one or more occasions in the actor’s sole discretion.
References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
References to numbered sections in this agreement also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(a), etc.
References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
“A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
“Including” means “including, but not limited to.”