Created: August 23, 2016
Last Updated: November 27, 2016
Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), we notify you that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.
Minors prohibited. The Website contains, and directs you to websites containing, pornographic content and is not intended 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. We forbid all persons who do not meet these age requirements from accessing the Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
The Website provides access to 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 and videos. You may view all of the content on the Website without registering. But certain features on the Website may be available to registered users only, including the ability to submit content.
We are not liable for anything that you post or say while you are on the Website and we do not monitor the content of the Website, but if we do see, or someone tells us that you have posted, something that we find inappropriate, we will remove it. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.
If you have any questions about these terms or any questions or comments about the Website, please email us at [email protected] and we will try to get back to you by the end of the next business day.
2. Eligibility Requirements
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 agree to these terms;
All information you provided to us is accurate and you will promptly update this information when necessary to make sure that it remains accurate;
You are aware of the pornographic 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 pornographic materials, including sexually explicit material depicting bondage, S/M, and other fetish activities;
You have the legal right to access pornographic materials, including sexually explicit material depicting bondage, S/M, and other fetish activities and we have the legal right to transmit them to you;
You are voluntarily requesting pornographic 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.
3. Child Pornography Prohibited
We have a zero tolerance policy for pornographic content involving minors and a zero tolerance policy regarding pedophiles or any pedophilic activity. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us at [email protected] Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take appropriate action. We fully 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.
4. Intellectual Property Rights
Ownership of Website
We own or have a license to use:
the Website, including its past, present, and future versions;
all webpages found within the Website;
all the material and information on the Website;
all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and
all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, contained on the Website.
Intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect the Website and its content. In using the Website or the content, you will comply with all governing intellectual property laws, and any specific notices contained on the Website.
We hereby grant you a limited, nonexclusive, nontransferable license to access the Website and its content for your personal and noncommercial use in accordance with these terms. By “access,” we mean 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 4.2 does not include any of the following:
resale or commercial use of the Website;(ii) 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 we specifically authorize 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 portion 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 we only authorize you to use your copy in accordance with these terms. 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 these terms 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 these terms should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We may revoke this license at any time.
The Company name and logo are the trademarks of the Company, and must not be copied, imitated, or used, in whole or in part, without the Company’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and trade dress of the Company, and must not be copied, imitated, or use, in whole or in part, without the Company’s advance written permission.
Other names of actual companies, products, or services mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with the Company, or that those owners endorse or have any affiliation with the Website. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to the Company and its licensors, without advanced written permission from the Company or the third party who may own the mark.
6. Your Account
To fully access the Website, you may have to register. Registration is free and for a single user only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. You also will choose a password and a username.
Responsibility for Account
You are entirely responsible for maintaining the confidentiality of your password and account. Further, you are entirely responsible for all activities that occur under your account. You will promptly notify us of any unauthorized use of your account or any other breach of security.
Liability for Account Misuse
We will not be liable for any loss that 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 us or another person due to someone else using your account or password.
Use of Other Accounts
You will not use anyone else’s account at any time, without the permission of the account holder.
We care about the integrity and security of your personal information. But we 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 us for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. User Conduct
You are solely responsible for all acts and omissions that occur because of your use of the Website. As a condition of your access of the Website and your continued access of the Website, you must:
Comply with all laws and regulations of any governmental body that apply to your access to the Website and its content, including laws relating to the Internet, data, email, privacy, or the sending of technical data exported from the United States or the country where you live;
Keep your password secure and be responsible for all use of your account;
Not use the Website for any unlawful purpose or in any way that is prohibited by these terms or that exposes us to civil or criminal liability;
Not use the Website to infringe on the intellectual-property rights of another person, including to make, obtain, post, or otherwise access illegal or infringing copies of copyrighted content;
Not use the Website to 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;
Not use the Website to exploit or harm or to try to exploit or harm minors by exposing them to inappropriate content, asking for personal information, or otherwise;
Not use the Website to harass, stalk, or otherwise invade the privacy of another person (including the dissemination of personal information);
Not use the Website to promote the physical harm or injury of any individual or group, or promote any act of cruelty to animals;
Not use the Website to engage in false or deceptive advertising or trade practices;
Not use or try to use any other user’s account on the Website;
Not impersonate another person during your use of the Website, including registering or trying to register another person for an account;
Not 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;
Not change, build on, or block any part or functionality of any embeddable player, including links back to the Website;
Not use the Website to collect email addresses for sending unsolicited messages;
Not collect or harvest any personally identifiable information, including account names, from the Website;
Not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
Not forge headers or otherwise manipulate identifiers to disguise the origin of any information you send;
Not 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;
Not remove any proprietary notices or labels—including copyright, patent, service mark, or trademark notices—on the content;
Not try to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
Not 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;
Not 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;
Not copy, distribute, or disclose any part of the Website in any medium, including by any automated or non-automated “scraping;”
Not reproduce, sell, resell, or otherwise commercially exploit or make available the Website or its content to any other person;
Not “frame” or “mirror” the Website; or
Not reverse engineer any part of the Website.
We may change, limit, or cancel your access if you fail to comply with this section. 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. We 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.
8. User Generated Content
You keep all ownership rights to content uploaded to the Website. You acknowledge that we have 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 us, our affiliates, and service providers, and each of their and our 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 our (and our 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. We 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 us and our affiliates and service providers, and each of their and our 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 (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 these terms; and
All of your submissions do and will comply with these terms.
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, 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 pedophilia, incest, rape, extreme violence, torture, urination, paraphilia, or scatophilia;
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
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 us or any other person or entity, if this is not the case.
9. Monitoring and Enforcement
We 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 we consider necessary or appropriate, including if we believe that the user submission breaches these terms, infringes any intellectual property right of any person (including any entity), threatens the personal safety of users of the Website or the public, or could create liability for us;
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 these terms.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us 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 us—including our affiliates, licensees, and service providers—resulting from any action taken by us during or because of our investigations and from any actions taken as a consequence of investigations by either us or law enforcement authorities.
We cannot and do not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. We will not be liable for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We will not be liable to anyone for performance or nonperformance of the activities described in this section. But if you know of any content posted that violates these terms, please contact us at [email protected] Please provide as much detail as possible, including a copy of the objectionable content or the location where we may find it, the reason we should remove it, and a statement certifying the accuracy of the information you provided to us.
The Website may contain links to third-party websites or resources. You acknowledge that we are 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 us 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.
11. Third-Party Content
Through the Website, you will have the ability to access or use content provided by third parties. We cannot guarantee that third-party content will be free of material you may find objectionable or otherwise. We 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.
We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.
13. Copyright Policy
We respect the intellectual property rights of others and expect users of the service to do the same. We will respond to notices of alleged copyright infringement that comply with law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide our 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 us 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 our 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 Us
We may suspend, disable, or cancel your access to the Website (or any part of it) if we determine that you have breached these terms or that your conduct would tend to damage our reputation and goodwill. If we terminate your access for any of these reasons, you must not access the Website. We 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 us terminates. These terms will survive the termination of your access to the Website.
15. Reliance on Information Posted
We make the information presented on or through the Website available for general information purposes only. We are 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. We 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 us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of the Company. We will not be liable to you or any nonparty for the content or accuracy of any materials provided by any third parties.
16. Changes to the Website; Availability
Although we 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 we are under no obligation to update that material. If you believe you have found errors or omissions on the Website, you can bring them to our attention by contacting us at [email protected]
While we will try to make sure that the Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.
17. Compliance with Law
The Company is located in the state of Delaware in the United States. We are 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.
18. Disclaimer of Warranties
You acknowledge that we cannot and do 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 our Website for any reconstruction of any lost data. We 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. We provide the Website, its content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranties, either express or implied. We are not making any warranty about the completeness, security, reliability, quality, accuracy, or availability of the Website. We are not making any warranties (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; or (3) that our 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.
19. Limit on Liability; Release
We 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 our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, 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 of any kind incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
20. Exclusion of Damages; Exclusive Remedy
Unless caused by our gross negligence or our intentional misconduct, we will not be liable to you for any direct, indirect, special (including so-called consequential damages), punitive, or exemplary damages—regardless of theory of liability—arising out of your access or your inability to access the Website or the content.
We also will not be liable to you—regardless of theory of liability—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 even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
21. Scope of Disclaimers, Exclusions, and Limits
The disclaimers, exclusions, and limits stated in sections 18, 19, and 20 apply to the greatest extent allowed by law, but no more. We do 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.
22. Loss Payment (aka Indemnification)
You will pay us 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 these terms;
your violation of rights of another person, including intellectual property and privacy rights;
your violation of law; or
your negligent or intentional conduct.
But you are not required to pay if the loss was caused by our intentional misconduct.
“Loss” means an amount that we are 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.
Our Duty to Notify You
If we have your contact information, we will notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be compelled to pay. But our 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
We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we will cooperate with each other in good faith on a claim.
Our rights under this section do not affect other rights we might have.
23. Governing Law; Place for Resolving Disputes
For purposes of this section, the Website will be deemed solely based in the state of Delaware 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.
24. Dispute Resolution
Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under these terms. 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 these terms.
Either party may elect to litigate the following type of case or controversy:
an action seeking equitable relief, or
a suit to compel compliance with this dispute resolution process.
If the parties cannot settle a dispute arising out of or relating to the Website or these terms through negotiation after 30 days, either party may, by notice to the other party and the International Institute of Conflict Prevention & Resolution (“CPR”), demand mediation under the Mediation Procedure of CPR.
Mediation will take place in Wilmington, Delaware. 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.
If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to the Website or these terms by arbitration administered by CPR under its Rules for Administered Arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable.
A single arbitrator will preside over the arbitration and issue a final award on all issues submitted to the arbitrator. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator will not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Arbitration will take place in Wilmington, Delaware. The language of the arbitration will be English. The parties will bear equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case, subject to the arbitrator’s right to award costs and fees to the prevailing party under these terms.
The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of these terms, plus any post-award proceedings. The arbitrator’s authority to grant relief will be subject to the provisions of these terms and the CPR Code of Ethics for Arbitrators in Commercial Disputes.
Right to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full payment if the other party breaches these terms, and that an aggrieved party may seek injunctive relief if a breach happens, besides seeking all other remedies available at law or in equity.
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 this section, “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
Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Website or these terms. Either party may enforce this waiver up to and including the first day of trial.
Class Action Waiver
The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
Limitation on Time to Bring Claims
A party will not file a claim arising out of or relating to the Website or these terms more than one year after the cause of action arose. Any claim brought after one year is barred.
25. General Provisions
These terms constitute the entire agreement between you and us about your access to the Website. It supersedes all earlier or contemporaneous terms between you and us about access to the Website. A printed version of these terms will be admissible in any proceedings arising out of (or relating to) these terms 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 these Terms
You may—and we recommend that you—print these terms on your printer or save them to your computer. If you have trouble printing a copy, please contact us at [email protected] and we will email you a copy.
We may change these terms on one or more occasions. We 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 the terms. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While we will try to notify you when we make changes to these terms, we do not assume an obligation to do so, and it is your responsibility to frequently check this webpage to review the most current terms. By continuing to use the Website after we post changes to these terms, you agree to the revised terms. If you do not agree to the revised terms, 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 us at [email protected]
Assignment and Delegation
We may assign our rights or delegate any performance under these terms without your consent. You will not assign your rights or delegate your performance under these terms without our advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this provision is void.
If either party fails to require the other party to perform any provision of these terms, that failure does not prevent the party from later enforcing that provision. If either party waives the other’s breach of a provision, that waiver is not treated as waiving a later breach of the provision.
If any part of these terms is for any reason held to be unenforceable, the rest of it remains fully enforceable if the essential provisions of these terms for each party remain valid.
Sending Notice to Us
You may send notice to us by email at [email protected] unless a specific email address is set out for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our 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 us.
Sending Notice to You—Electronic Notice
You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us 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, we may collect the reasonable cost and postage for sending postal notice.
Rights and Remedies Cumulative
All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
Successors and Assigns
These terms inure 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 these terms.
We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our 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.
Permission to Send Emails to You
Electronic Communications Not Private
We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us 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 mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
In these terms, the following usages apply:
Actions permitted under these terms 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 these terms also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(a), etc.
In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
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.”