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ATINKERSDAM.COM TERMS OF USE
LEGAL NOTICE -SET FORTH HEREIN ARE THE TERMS AND CONDITIONS GOVERNING
USE AND ACCESS TO SITESWEET.COM (THE “WEBSITE”) AND THE CONTENT AND
SERVICES PROVIDED THROUGH SAID WEBSITE.
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS IS REQUIRED FOR YOU TO
ACCESS THE WEBSITE AND THE CONTENT AND SERVICES PROVIDED THROUGH SAID
WEBSITE.
PLEASE CAREFULLY READ ALL THE PROVISIONS OF THIS AGREEMENT (THE
“AGREEMENT”). YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY
ACCESSING THE WEBSITE AND/OR CLICKING THE “I ACCEPT” BUTTON WILL
CONSTITUTE YOUR ACKNOWLEDGEMENT THAT THESE TERMS AND CONDITIONS
CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE
WEBSITE.
1. PARTIES TO THIS AGREEMENT; SERVICES AND CONSIDERATION. The parties
to this Agreement are You (the user and/or subscriber) and RFAS (the
"Company"). As used in this Agreement, the terms "we," and "us" are
used interchangeably to refer to the Company and the Website; the term
"You" and "Your" is used to refer to You.
1,1 Your Representations: You understand that the Website contains
graphic, sexually explicit erotic content which may include visual
and,or audiovisual depictions of nude adults, adults engaging in sexual
acts including gay themed sexual acts, and sexually explicit material.
You agree that if the materials contained in the Website offend You,
You will exit from the applicable materials and,or web pages
immediately. All depictions on this Website are for fantasy
entertainment only, and do not represent, reflect, document or
otherwise memorialize the actual conduct, solicitation, or promotion of
any illegal act. You represent that You are at least 18 years of age
(21 years old in Alabama, Mississippi, Nebraska, Wyoming, and any other
location where 18 years is not the age of majority), and that You are
voluntarily choosing to view, read and access such sexually explicit
material for Your own personal use. You intend to view the
sexually explicit material in the privacy of your home, or in a place
where there are no other persons viewing this material who are either
minors, or who may be offended by viewing such material. You will not
redistribute site material to anyone, nor will You permit any minor or
any person who might find such material personally offensive to see
this material. You are familiar with your local community standards and
that the sexually explicit materials which You have chosen to view
and,or download from this site are well within the contemporary
community standards of acceptance and tolerance of your community for
sexually explicit materials. You represent and agree that, in accessing
the Website, You shall follow all standards and law that apply to You.
In order to prevent or limit Your childrens access to material that is
inappropriate for minors, You acknowledge that you hereby have been
advised by the Company, that a number of parental control protections
(such as computer hardware, software, and filtering services) are
commercially available to You. For more information on such parental
control protections, click on the following
http://my.lycos.com/safetynet/safetynet.asp. You represent and warrant
that You are not physically located in one of the following zip codes
at the time of accessing this site. View List.
1.2 Website’s Service: Subject to Your acceptance of the terms and
conditions set forth in this Agreement and the payment of any fees as
may be required from time to time, the Company agrees to provide to You
access to the content and services provided through the Website that
are available to a User or Subscriber in good standing.
1.3 Services: Company, through its Website, currently provides Users
with access to various mobile and online services and content,
including various types of audiovisual media. You understand and agree
that you may receive certain communications from Website in connection
with accessing its services and content, such as service announcements,
administrative messages and information about upcoming services. If You
do not want to receive such information, You can opt-out from receiving
such material by notifying Website. All new features that augment or
enhance the current services and content, including the release of new
content, products or other services, shall be subject to these terms
and conditions. You understand and agree that the Website, and all
services and content, are provided "AS-IS" and that Website and Company
assume no responsibility for the timeliness, deletion, or failure to
store any user communications or personalization settings.
1.3 Company and Website reserve the right at any time and from time to
time to modify or discontinue, temporarily or permanently, its services
and/or content (or any part thereof) with or without notice. You agree
that Company and Website shall not be liable to you or to any third
party for any such modification, suspension or discontinuance.
1.4 You shall be solely responsible for obtaining access to the
Website’s services and content. If such access involves third party
fees (such as Internet service provider or airtime and SMS charges),
You shall be solely responsible for those fees, including those fees
associated with the display or delivery of advertisements.
1.5 You agree that this Agreement is subject to change by the Company
at any time and changes shall become effective upon notice to Users by
e-mail, posting at or via hyperlink to the Website, or by mail. You may
not alter, delete, add or change or edit any of these terms and
conditions, and any such attempted alteration shall be void and of no
effect.
1.6 You agree that any action on Your part to bookmark to a page on
this Website shall constitute an implicit acceptance by You of all the
terms and conditions set forth herein as well as an explicit
acknowledgement by You of the fact that You are an adult and at least
18 years of age (21 years old in Alabama, Mississippi, Nebraska,
Wyoming, and any other location where 18 years is not the age of
majority).
2. SEXUALLY EXPLICIT MATERIAL. ALL MATERIALS, INCLUDING MESSAGES, AND
OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR
DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE
MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE
DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL
LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS
UNDER THE AGE OF EIGHTEEN (18) YEARS (21 YEARS IN ALABAMA, MISSISSIPPI,
NEBRASKA, WYOMING, AND ANY OTHER LOCATION WHERE 18 YEARS IS NOT THE AGE
OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE
CONTENTS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT OR IN THE WEBSITE. YOU HEREBY FURTHER AFFIRM AND WARRANT
THAT YOU ARE CURRENTLY OVER THE APPLICABLE AGE OF MAJORITY AND ARE
CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS
AGREEMENT.
2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND
THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE
MAY 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 COMPANY THAT YOU ARE INTENTIONALLY AND
KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN
PERSONAL VIEWING.
3. GRANT OF LIMITED LICENSE WITH RESERVATIONS. In consideration of Your
acceptance of these terms and conditions as well as the representations
and agreements made by You under the terms and conditions of this
Agreement, and subject to the terms and conditions set forth in this
Agreement, the Company hereby grants You a limited, nonexclusive and
nontransferable license to access and use the materials and services
contained in, or made available through this Website (hereafter
“Materials”) solely for Your private personal non-commercial use as
provided by the Company during the period in which You are a User in
good standing.
3.1 You acknowledge and agree that all Materials contained at the
Website are proprietary and constitute valuable intellectual property
owned by the Company or others who have licensed use of such Materials
to the Company.
3.2 You acknowledge and agree that You may access view and/or download
the Materials available at the Website only:
(a) as specifically authorized by the Company;
(b) in accordance with this Agreement;
(c) in the case of download or other replication made available to You
by the Website, only on the one personal computing device indicated by
You to the Website at the time such download was made available, and
then only for the longer of a thirty (30) day period or the period of
time You remain a paid subscriber in good standing;
(d) for Your own personal noncommercial use and enjoyment.
3.3 You further acknowledge that the Company specifically prohibits You
from doing any of the following acts, and You agree not to do any of
these prohibited acts:
(a) permitting other individuals to directly or indirectly use the
Materials;
(b) modifying, translating, reverse engineering, decompiling,
disassembling the Materials (except to the extent applicable laws
specifically prohibit such restriction);
(c) making copies or creating derivative works based on the Materials;
(d) renting, leasing, or transferring any rights in the Materials;
(e) removing any proprietary notices or labels on the Materials; and,
(f) making any other use of the Materials not expressly permitted
herein.
3.4 You further represent and warrant to the Company that Your
agreement to these terms and conditions constitutes an agreement that
You shall not access, or attempt to access, any Materials available at
the Website in a manner not expressly authorized by the Company. You
agree and warrant that You shall not access, view, download, receive or
otherwise use, or cause or enable others to access, view, download,
receive or otherwise use the Materials, directly or indirectly in
places which the Company does not authorize such access, viewing,
downloading, receipt or other use..
3.5 You hereby acknowledge that you understand that the Company (and
all persons affiliated therewith) does not authorize the accessing,
viewing, downloading, duplication, receiving, transmission,
broadcasting or other use of the Materials contained on the Website to
or by any person, INCLUDING YOU, who is located in any of the areas
designated as PROHIBITED AREAS: View list.
3.6 You further acknowledge that You understand and agree that any and
all unauthorized access, viewing, downloading, receipt, duplication or
other use of Materials from the Website, in which You are directly or
indirectly involved, including, but not limited to accessing, viewing,
downloading, receiving or other use of Materials in PROHIBITED AREAS in
any manner shall constitute intentional infringement(s) of the
Company’s and potentially others intellectual property rights and
other rights in such Materials and shall further constitute a violation
of Company’s trademark and other rights, including, but not limited to,
rights of privacy.
4. PROHIBITED AREAS. All of the following areas constitute PROHIBITED
AREAS from which no part of the Website may be accessed, viewed,
downloaded or otherwise received:
4.1. All parts of the United States of America corresponding to the
entire areas corresponding to United States Postal Service zip codes
commencing with any of the following three digits: View list.;
4.2 All parts of the following countries: Afghanistan, Germany, Kuwait,
Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China,
Singapore, Saudi Arabia, Syria, The United Arab Emirates; and
4.3 All parts of every other geophysical place corresponding to a
political entity or part thereof in which the access, viewing,
downloading, receipt, dissemination of, or other use of the materials
contained in the Website would constitute a violation of any law,
regulation, rule or custom.
5. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS. You
agree to be personally liable and fully indemnify the Company and its
successors and assigns for any and all damages directly, indirectly
and/or consequentially resulting from any attempted or actual
unauthorized access, viewing, receipt, transmission, downloading or
other use or duplication of Materials from the Website 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 unauthorized downloading of
Materials from the Website, including attorney’s fees.
6. SUBSCRIPTIONS; DOWNLOAD FEES; CANCELLATION. By accessing the content
of Website you agree to the following terms and conditions:
6.1 The Website charges fees for the use of content and services
provided through the Website, you agree to pay the fees charged by
Website, as set forth in the Website, for the content and services you
use.
6.2 The Website permits monthly subscriptions to the Website, you agree
to pay the fees charged by Website, as set forth in the Website,
associated with the subscription plan that you choose.
6.3 All fees, including subscription fees, to the Website shall be
subject to change upon notice by Company at any time at the sole and
absolute discretion of Company. Company will provide you with
reasonable notice of such change. If you do not accept the new fees
(which will be applicable on a prospective basis only), you will have
seven (7) days from the date of such notice to cancel your subscription
plan and/or your account effective at the end of the applicable
subscription period. All fees are due immediately and are
non-refundable, except as otherwise expressly noted.
6.4 TO CANCEL A MONTHLY SUBSCRIPTION PLAN YOU MUST NOTIFY THE COMPANY
OF YOUR CANCELLATION BY E-MAIL OR U.S. MAIL (AT THE THEN CURRENT E-MAIL
ADDRESS OR MAILING ADDRESS AS PROVIDED AT WWW.SITESWEET.COM) AT LEAST 7
DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT SUBSCRIPTION TERM.
6.5 All cancellations received by the Company will be effective upon
receipt.
6.6 You hereby acknowledge and agree that if You cancel Your monthly
subscription, or if Your subscription is cancelled by the Company, Your
username and password will be removed from the system at the end of the
then current monthly subscription period and that You will be entitled
to receive the full benefits of Your monthly subscription until the end
of such period. You shall not be entitled to any pro-rated or partial
refund if You cancel Your monthly subscription before the end of the
then current monthly subscription period. You agree that if you cancel
at any time after purchasing a monthly subscription to Website, You
will still be charged the full month’s subscription fee.
6.7 The Company may, at any time and at its sole discretion, cancel any
paid trial subscription or monthly subscription; provided, however,
that if the Company cancels any paid trial subscription prior to its
expiration, the Company shall provide a pro-rata refund for the
unexpired period of the cancelled month’s subscription by automatic
credit.
6.8 You hereby authorize the Company to charge Your credit card (which
You hereby acknowledge was entered by You into the sign-up page) to pay
for Your trial subscription fee and all monthly subscription fees to
Website at the then current standard monthly subscription rate. You
further authorize the Company to charge Your credit card for any and
all purchases of products, services and entertainment available
through, at, in or on, or provided by, Website You agree to be
personally liable for all charges incurred by You during or through the
use of Website. Your liability for such charges shall continue after
termination of Your subscription.
7. TRANSFER OR ASSIGNMENT OF SUBSCRIPTION OR USERNAME. You agree that
as a user of the Website You shall not, under any circumstances, have
the right to transfer or assign Your subscription or username or
password to any other person or entity, and that any attempted transfer
or assignment shall be void and in violation of this Agreement.
7.1. You further agree that the Company, may at any time at its sole
discretion and without prior notice to You, transfer or assign Your
subscription in the Website to an affiliated or non-affiliated Company.
8. PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE
OF CARD. Payment for the services provided to You at, and/or through
Website may be made by automatic credit card processing, or by other
means set forth on the Website, and You hereby authorize Company and
its agents to transact such payments on Your behalf.
8.1 You further agree that as a user of the Website, You must promptly
inform Company of any and all the following: loss or theft of the
credit card used to pay for subscription to Website or other goods or
services obtained in, at or through the Website; changes in the
expiration date of the credit card; changes in home or billing address;
apparent breaches of security regarding Your subscription, such as
loss, theft, unauthorized disclosure or use of a username or password;
and all other changes pertaining to Your credit card account used to
pay for goods or services pursuant to this Agreement which may affect
Company’s ability to expeditiously obtain payments due to Company. You
agree that You will remain liable for any unauthorized use of Website
or any of its services associated with your subscription, until You
have notified Company’s Customer Service by email at
customerservice@cockyboys.com.
8.2 You hereby agree that you shall be liable to the Company for
liquidated damages of $25,000.00 in the event of : (a) any fraudulent
reporting made by You or anyone under Your authority of a lost or
stolen credit card used to obtain goods or services from the Website,
or (b) any fraudulent reporting made by You or anyone under Your
authority of an unauthorized charge to the Website on Your credit card.
The liability for liquidated damages specified in this paragraph shall
not limit any other liability You may have for breach(es) of any other
terms, conditions, promises and warranties set forth in this Agreement.
8.3 You further acknowledge and agree that You will remain liable to
the Company for any unauthorized use of the Website associated with
Your subscription or other purchase of goods and services obtained in,
at or through the Website.
8.4 Unless and until you notify Company that you wish to cancel or
terminate Your subscription to Website, You hereby agree and authorize
Company or its designated agent or assignee to automatically renew Your
subscription to Website on a continuing monthly basis and to charge
Your credit card (or other approved facility) to pay for the ongoing
cost of Your subscription. You hereby further authorize Company or its
designated agent or assignee to charge Your credit card (or other
approved facility) for any and all purchases of products, services and
entertainment provided to You by or though Website.
9. TERMINATION OF SUBSCRIPTION. Either Company or You may terminate at
any time, and without cause, Your subscription to the Website, subject
to the cancellation policy and procedures set forth in this Agreement.
Your liability for all charges incurred during Your subscription term
shall continue after termination, for any reason, of Your subscription.
10. PASSWORD SECURITY. You are responsible for providing all personal
computer and communications equipment necessary to gain access to the
Website. Access to and use of the Website may be through the use of a
username and password. You must keep this password strictly
confidential and You agree that if You share Your username and/or Your
password with another individual that Your access to the Website is
subject to immediate termination without notice or reimbursement of any
kind.
11. NO WARRANTIES; LIMITATIONS ON COMPANY’S LIABILITY. YOU HEREBY AGREE
THAT THE WEBSITE, THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU
BY COMPANY, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR
CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL
SERVICES PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE
MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE
AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU,
AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY
RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS
DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO
CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE
COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER MEMBERS OR USERS
OF THE WEBSITE, 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 DAMAGES
RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE.
11.1 ANY LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY
LIMITED TO THE AMOUNT OF SUBSCRIPTION AND/OR DOWNLOAD FEE PAID BY, OR
ON BEHALF OF, YOU TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING
PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM
DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY
DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION
AT OR THROUGH THE WEBSITE.
12. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
12.1 You acknowledge that You understand that the Company does not
screen or endorse the content of any advertisements or communications
submitted to or posted on the Website by third-party licensees,
advertisers, users of the Website or other persons, nor does the
Company exercise any editorial control, prior screening or supervision
over such content. Users are therefore advised to use their own
judgment to evaluate all advertisements and other communications
available at or through the use of the Website prior to purchasing
goods and/or services described at the Website or otherwise relying on
or responding to any communication or information posted on, or
accessed through the use of the Website.
12.2 Links To Third-Party Sites. You might access some of the content
of the Website via hyperlinks that will connect You to third parties,
or to third-party websites that may provide content to the Website.
Those linked websites are not under the control of Company and Company
has no editorial control or supervision over selection or display of
the content provided by those third parties or those third-party
websites. Company is providing You links to those third-party websites
only as a convenience, and the inclusion of any link on Company’s
Website does not imply endorsement by Company of any other website or
the content of any such website. The owners and operators of all
third-party websites are solely responsible and liable for the content
they provide to You.
12.3 You further acknowledge that You understand that the Company does
not control the content of any information, messages, communication,
personal data, photographs, video or audio content, or any other
material posted or uploaded by users of the Website (collectively, "
User Originated Content"), and that You release the Company and its
agents, officers, directors and employees, from any and all liability
and responsibility, directly and indirectly, in connection with the
content of any information, messages, communication or other User
Originated Content You may receive from other Users of the Website.
12.4 Company claims immunity from liability to the fullest extent under
the law and as provided under the Communications Decency Act for User
Originated Content provided by third parties and members and nothing in
this Agreement is intended to waive, remove, or usurp such immunity.
You understand and agree that Company reserves the right, in its sole
and exclusive discretion, to delete any content, messages, photos,
profiles or other information posted on the Website by any User or any
other person that in the sole judgment Company violates this Agreement
or which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of Company and/or its members.
13. RESTRICTIONS ON USERS’ COMMUNICATIONS; USER LIABILITY FOR
INFORMATION THEY POST. If the Company should, at any time, provide any
service which enables users or other persons to communicate with or
otherwise share information with other users or persons providing any
kind of service to users, or post information at, in or on the Website,
You agree not to post, submit, publish, display, disseminate, or
otherwise communicate any defamatory, obscene, pornographic, profane,
inaccurate, abusive, threatening, offensive, or illegal material, or
any material which would violate or infringe the copyright, trademark,
rights of publicity, privacy rights or other rights of any person or
entity. You further acknowledge and understand that transmission or
publication of such User Originated Content, or any other material that
violates any federal, state, or local law in the United States or
anywhere else in the world, is strictly prohibited by Company and that
Your transmission or publication of such User Originated Content or
material shall constitute a material breach of this Agreement entitling
the Company to immediately terminate Your right to access or use the
Website without notice.
13.1. You acknowledge and agree that You, and not the Company, shall be
solely responsible and liable for all damages, liability or other
consequences, foreseen or unforeseen, of all User Originated Content
which You submit, publish, display, disseminate or otherwise
communicate through the Website even if a claim for damages or
liability should arise after termination of service.
13.2 You agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the
country in which You reside. Your correspondence or business dealings
with, or participation in promotions of or with parties found on or
through the Website, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or
representations applicable to such dealings, are solely between You and
such parties.
14. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE You further
acknowledge and agree that all messages or content posted by You or
others in any chat rooms, chat services, or public areas of the Website
shall be deemed to be readily accessible to the general public and
consequently should not be considered private or confidential. Notice
is hereby given that all messages entered into this Website can and may
be read by the site’s operators, whether or not they are the intended
recipient(s).
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent to
Sitesweet.com’s Designated Agent. To be effective, the notification
must be in writing and include the following information:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
3. Identification of the material that is claimed to be infringing and
information reasonably sufficient to permit InfoSpace to locate the
material;
4. Your address, telephone number, and, if available, your e-mail
address;
5. 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
6. A statement by you, made under penalty of perjury, that the
information in your notification is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf.
By E-mail: copyright
This contact information is provided exclusively for notifying the
Service that copyrighted material may have been infringed. Unrelated
inquiries will NOT receive a response through this process. Contact
information for other matters is provided elsewhere on this site.
15. 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 Website were over the age of
eighteen years at the time of the creation of such depictions. All
other visual depictions displayed on this Website are exempt from the
provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because any of said visual
depictions which appear to be of sexually explicit conduct are merely
simulated. With respect to all visual depictions displayed on this
Website, whether of actual sexual conduct, simulated sexual content or
otherwise, all persons in said visual depictions were at least 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 Website as identified in the 2257 notice on the Website.
16. AUTHORIZATION AND PERMISSION TO SEND SEXUALLY ORIENTED COMMERCIAL
EMAILS TO YOU. You hereby authorize and permit notices, advertisements,
E-mail and other communications to be sent to You from Company or its
authorized agents, assigns, representatives, advertisers and
contractors by means of e-mail, including without limitation e-mails,
advertisements, notices and other communications containing explicit
sexual content and language and images of nudity or explicit sexual
conduct. Moreover, You agree that Your authorization and permission to
Company to send You such materials and communications shall continue to
be in effect unless and until You notify Company that You wish to be
deleted from Company’s email list.
17.1 OPT-OUT AND CANCELLATION PROVISIONS. At any time, You may opt out
of future e-mailings and cancel Your receipt of future
sexually-oriented e-mailing from the Company by clicking the
unsubscribe link at the bottom of each e-mail or sending an e-mail
cancellation request to customerservice.
18. NOTICES TO COMPANY OR USERS. Notices from the Website to users may
be given by means of electronic messages, by general posting on the
Website, or by conventional mail. Communications from You to the
Company may be made by electronic messages or conventional mail, unless
otherwise specified in the Agreement.
18.1 All notices to the company shall be sent by electronic mail to
customerservice or by conventional mail to 8721 Santa Monica Boulevard,
Suite 1082, Los Angeles, California 90069.
19. ENTIRE AGREEMENT. This Agreement contains the entire agreement
between You and the Company regarding Your use of the Website, and all
materials directly and indirectly related thereto. This Agreement
supersedes all prior written and oral understandings, writings, and
representations and may only be amended upon notice by Company.
20. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. This Agreement
shall be governed by and construed in all respects 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.
20.1 Any and all disputes as to the interpretation of or any
performance under this Agreement which are not first resolved
informally, shall be determined by binding arbitration in Los Angeles,
California, in accordance with the rules of the American Arbitration
Association. The final award in any such arbitration proceeding shall
be subject to entry as a judgment by any court of competent
jurisdiction, provided that such judgment does not conflict with the
terms and provisions hereof. The jurisdiction of the arbiter (or
arbiters) with respect to legal matters shall be limited only by the
statutory and common law of the State of California and the United
States.
20.2 If any legal proceedings other than arbitration are brought by
either party hereto related to the matters herein, said legal proceeds
shall be brought in and adjudicated solely in the federal or state
courts located in the County of Los Angeles, State of California, USA.
Both parties hereto consent to extra-territorial service of process and
submit to the jurisdiction of said courts.
21. UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement
is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable.
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