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.
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. 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.
D. 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.
E. 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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