As a strict condition of gaining
access to this web site you must agree:
That you are a responsible adult over the age of 18, or the age of
consent in the jurisdiction from which this site is being accessed, and
you are not a minor.
That you are voluntarily choosing to view and access sexually-explicit
content and sexually explicit images for your own personal use;
That you understand that materials available on this site may include
graphic visual depictions and descriptions of nudity and sexual
activity, and that federal, state or local laws may prohibit visiting
this adult category if you are under 18 years of age or reside in a
geographical location where viewing such Adults Only content is
considered a violation of the law.
That you are familiar with your local laws and community standards and
that the sexually-explicit materials which you choose to view on this
web site are well within the law and contemporary community standards of
acceptance and tolerance of your community for sexually-explicit
materials of that nature, and that you have the legal right to seek out
the services of and possess adult material in your community;
That you are of sound mind, legally and solely responsible for your own
actions;
That you do not find pornographic images of nude adults, adults engaged
in sexual acts or other sexual material to be offensive or
objectionable;
That you intend to view the sexually-explicit material in the privacy of
your own home, or in a place where there are no other persons viewing
the material who are either minors or who may be offended by viewing
such material;
That you will not attempt to by-pass any security and/or access feature
of this site.
That if you use these services in violation of this agreement, you
understand you may be in violation of local and/or federal laws, and if
you violate any state, local or federal law, you do so of your own free
will and agree to hold the creator(s), owner(s) and service provider of
this website and it's entities harmless.
That if you Bookmark to a page on this server/site whereby this warning
page is by-passed, such action shall constitute an explicit acceptance
of the terms and conditions set forth herein.
That the content within this website is copyrighted, and the intentional
violation of the copyrights could subject you to statutory damages of up
to $150,000 per infringement.
Public Notice:
This website is owned by and is part of the Passions Unchained websites.
The Passions Unchained web sites include: PassionsUnchained.com,
PassionsUnchained.net, PassionsUnchained.info, PassionsUnchained.org,
and AngelsSexToys.com
Passions Unchained assumes NO responsibility for the contents of any
indexed, linked or otherwise mentioned websites.
Neither AngelsSexToys.com nor PassionsUnchained.com can be held liable
for misuse by a minor or use by those residing in geographical locations
where adult content is restricted.
Before continuing to enter this site, you must you must truthfully
answer the following questions before you are authorized to access this
site in any way, and any such action shall constitute an enforceable
agreement including, but not limited to, enforceability under the
Federal E-Sign Statute:
Under penalties of perjury, I do solemnly declare and affirm the
following:
1. I am of legal age to view adult material.
2. I am familiar with the laws, rules, and ordinances that have
jurisdiction over me regarding my age requirements, and any restrictions
or prohibitions regarding my present location that would prohibit me
from viewing, purchasing, or reading material of a sexual or sexually
explicit nature, and I have a legal right to possess adult material in
my community.
3. I will not allow others that are not of legal age to access or view
any materials contained within this site.
4. I agree to hold the owner or owners of this site harmless if I do
enter this site for any reason.
5. I am not now, nor have I ever been employed by any law enforcement
agency, and I further affirm and declare that I am not entering this
site for the purpose of gathering information to use against any
individual or other entity.
6. I am not accessing this material to use against the site operator or
any person whomsoever. I understand that entering a web site with the
intent to gather information will make me guilty of breaking into a
computer system with the actions or intent to commit a crime.
7. I understand that should I enter this site and attempt in any way to
gather information, I am admitting that I am guilty of committing a
premeditated, criminal act, and I may charged with one or more of the
following: theft, theft of computer data, image linking or any related
term or action such as ‘hot linking’ which is also defined as theft of
computer data, hacking, copyright infringement, criminal trespass, theft
of the intellectual property of others, criminal theft of property
defined as having monetary value (bandwidth), and theft of Trademarked
materials. I also understand that I may be charged with other crimes
pursuant to the jurisdiction in which I live or am currently viewing
this material, or both.
8. I am not an employee of any local, city, county, state, federal, or
other type of government, government agency, or an other type of agency
or entity, and I am not connected or affiliated in any way with any
person or persons seeking to gain information on, about, or from this
site, it’s owners, those operating the site, or any of the material
contained herein, for any purpose whatsoever. I understand that should
any of the conditions above apply to me, and I continue to enter this
site without a legal, valid warrant or court order covering both the
jurisdiction of my state of residence, the state or states of residence
of those I am associated or affiliated with, the state this site was
created in, and the state or states this site may operate in, I have
committed a crime, and I agree that should I continue and enter this
site, any information I do gather will not be used in any court of law
for the purpose of persecuting or prosecuting in any way any owner or
creator of this site.
9. I understand that the commission of any crime, including but not
limited to any listed in this agreement, may result in civil and
criminal prosecution, and should I be prosecuted, I agree to pay any and
all fees and costs incurred by the owner of this site, including, but
not limited to, court costs, attorneys fees, and any other expenses
incurred in the process or during the terms of prosecution.
10. I understand that this site may report any violations to the F.B.I.
or other legal authorities for investigation. I understand that if I am
a minor, I may be prosecuted for any crimes I commit, and my parent(s)
or legal guardian(s), and the individual who owns the equipment I am
using, should it be someone other than a parent or legal guardian, may
also be liable for my violation(s), and may face additional charges.
11. I understand that if any of the conditions listed above apply to me,
or any other conditions exist that would prohibit me from entering this
site, or I can not or will not agree to and comply with the statements,
I will leave this site now. Should I continue and click ENTER, enter
this site, or gain access to this site in any way, I am stating that I
can do so legally, and if there is any reason I cannot enter this site
legally and continue to do so, I understand that, in addition to any
other violations, I am guilty of committing fraud, which is a federal
crime pursuant to 18 U.S.C. § 1001, as well as a criminal violation of
the Computer Fraud and Abuse Act, 18 U.S.C. § 1030.
12. I understand that by clicking any link on this or any other page, or
accessing this site in any way, I am entering into a legal agreement,
and by entering this site, I am voluntarily waiving any and all rights I
may have that may be contrary to this agreement, and I agree to all the
terms and conditions of this agreement.
13. I understand that all content within this site is copyrighted and/or
Trademarked. Metatags, page coding and other HTML IS NOT public domain
and DOES NOT fall under any 'fair use' or similar clause. The HTML on a
web page is not visible when the web page is opened in a normal manner
and is only accessible by viewing the page source. Because a deliberate
action must be taken to view the source of a web page, it has been ruled
in a court of law that copying all or any part of a website's metatags,
page coding or any other HTML is an intentional violation of copyright
law and is punishable as a criminal act, and that I may be subject to
statutory damages of up to $150,000 per infringement for the intentional
violation of the copyrights and/or Trademarks.
14. I have voluntarily chosen to access this site because I want to
view, read and/or hear about the various materials that are available.
Use of any of the services offered by "others" as defined with the Terms
of Service for this site, may be in violation of local and/or federal
laws and I am solely responsible for my actions.
15. I will exit from this site immediately if I am in any way offended
by the sexual nature of any materials on this site
Unauthorized access to this web site also constitutes one or more
intentional infringements of our copyrights in the materials depicted on
our web site. If you are under the age of 18 years, or under the age of
majority in the location from where you are accessing this message, you
do not have authorization or permission to enter this web site or access
any of its materials. Consequently if you are under the age of 18 years
and proceed further you will be engaged in the unauthorized access of
our computers and data in our computers and infringement of our
copyrights. If you are over the age of 18 years or otherwise over the
age of majority in the location from which you have accessed this web
site, you may enter this web site ONLY if you agree to, and comply with,
all the TERMS AND CONDITIONS for use of the web site set forth HERE,
including the prohibitions against accessing this web site from certain
zip codes listed as PROHIBITED ACCESS AREAS.. You also acknowledge and
agree that you are not offended by nudity and explicit depictions of
sexual activity. By entering this web site you agree with all the above
and certify under penalty of perjury that you are over the age of 18
years and that you are an adult as the term adult is defined by the laws
of the location in which you are currently located.
TERMS AND CONDITIONS OF ACCESS AND USE OF PASSIONS UNCHAINED
LEGAL NOTICE: YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT IS REQUIRED FOR YOU TO ENTER OR OTHERWISE ACCESS
PASSIONS UNCHAINED("WEB SITE")
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, YOU
WILL NOT BE AUTHORIZED TO ACCESS, VIEW, OR OTHERWISE USE ANY OF THE
CONTENT OR OTHER MATERIALS OF THE WEB SITE.
BEFORE YOU BEGIN OR CONTINUE TO USE OUR WEB SITE OR ANY SERVICES
PROVIDED BY OR THROUGH OUR WEB SITE, PLEASE CAREFULLY READ THIS LEGAL
DOCUMENT ("AGREEMENT").
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION AND SETS FORTH THE ENTIRE
AGREEMENT BETWEEN YOU AND US, PASSIONSUNCHAINED.COM ("COMPANY"). IT IS,
THEREFORE, VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT
BECAUSE BY YOUR USE OR CONTINUED USE OF THE WEB SITE OR ANY OF ITS
RELATED SERVICES, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL
THE TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT
INCLUDING IMPORTANT LIMITATIONS REGARDING THE LOCATIONS FROM WHICH YOU
MAY ACCESS THE WEB SITE (SEE PARAGRAPH 5 "PROHIBITED AREAS"). THIS
AGREEMENT CONTAINS TWENTY SIX (26) TOPICAL PARAGRAPHS (NUMBERED 1
THROUGH 26). MANY TOPICAL PARAGRAPHS CONTAIN ONE OR MORE SUB-PARAGRAPHS.
PLEASE READ EACH PARAGRAPH AND SUBPARAGRAPH CAREFULLY.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CLICKING ON AN "I
ACCEPT" OR "ENTER" BUTTON AT THE END OF THIS AGREEMENT OR ELSEWHERE ON
THE WEB SITE, TO SIGNIFY YOUR ACCEPTANCE, WILL CONSTITUTE YOUR
ACKNOWLEDGMENT AND AGREEMENT THAT THESE TERMS AND CONDITIONS CONSTITUTE
A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE COMPANY, AND
THAT YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL OF THE ABOVE AND TO ALL OF
THE FOLLOWING:
1. PARTIES TO THIS AGREEMENT; DEFINITIONS
1.1 PARTIES. The parties to this Agreement are You and PASSIONS
UNCHAINED, hereinafter the "Company."
1.2. DEFINITIONS. As used in this Agreement,
1.2.1 The terms "Company," "We," "Us" and variants
thereof, shall interchangeably refer to the Company granting
non-exclusive rights to You to conditionally access and use the Web Site
and materials available in, at, through, and in association, with the
Web Site, subject to the terms and conditions of this Agreement.
1.2.2. The terms " User," "You" and variants thereof,
shall interchangeably refer to You, an individual, human being (i.e., a
non-commercial entity) seeking access to The Site subject to the terms
and conditions of this Agreement, to access the Web Site, and materials
and services available in, at, through, and in association with, the Web
Site, for entertainment and educational purposes only.
1.2.3. The terms "Content," and "Materials,"
shall interchangeably refer to prerecorded materials, including
photographs, video, audio, audiovisual materials, textual, graphical,
haptic, teledildonic, telephone "wallpaper," ringtones, games, contests,
live audio and audiovisual entertainment, including live shows, video
feeds, video "chat", audio "chat", "audio text", "video text," and other
materials available in, at, through, or in association with, the Web
Site, by the Company or by one or more third party Content providers
pursuant to licensing, affiliation or sub-licensing agreement(s) with
the Company.
1.2.4. The terms "Agreement," "Terms and Conditions,"
"Terms of Use" and "this document" shall interchangeably refer to this
Agreement entitled "Terms and Conditions Of Access And Use Of
PassionsUnchained.com, PassionsUnchained.net, PassionsUnchained.info,
PassionsUnchained.org, and AngelsSexToys.com and all future versions and
modifications thereof created by the Company or its successor(s),
assign(s) and it(their) successors(s) and assign(s).
2. SEXUALLY EXPLICIT MATERIAL.
2.1. INTENDED FOR CONSENTING ADULTS ONLY. ALL CONTENT AND OTHER
MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED IN,
AT OR AVAILABLE THROUGH OR IN ASSOCIATION WITH, THE WEB SITE, ARE
INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS LOCATED IN
LOCATIONS WHERE SUCH MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
NEITHER EXCEED THE CONTEMPORARY COMMUNITY STANDARDS OF THE COMMUNITY IN
WHICH SUCH ADULTS ARE LOCATED NOR VIOLATE ANY FEDERAL, STATE OR LOCAL
LAW OR REGULATION OF THE UNITED STATES, ANY STATE THEREOF, OR ANY OTHER
COUNTRY.
2.2. ACKNOWLEDGMENT OF MATERIALS OF A SEXUAL NATURE. YOU HEREBY
ACKNOWLEDGE THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED
AT, DOWNLOADABLE FROM, OR OTHERWISE AVAILABLE IN, AT, THROUGH OR IN
ASSOCIATION WITH, THE WEB SITE, INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR
TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT
LIMITATION, HETEROSEXUAL, BI- SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL
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. ACCESS AND USE RESTRICTED TO ADULTS ONLY; ACCESS OR USE BY A MINOR IS
A VIOLATION OF CIVIL AND CRIMINAL LAWS.
3.1. AGE RESTRICTED ACCESS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18)
YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18)YEARS IS NOT
THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR
OTHERWISE USE ANY OF THE CONTENTS OF THE WEB SITE, OR ANY MATERIALS
OTHERWISE AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH, THE WEB
SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED IN, AT,
THROUGH OR IN ASSOCIATION WITH, THE WEB SITE.
3.2. ACKNOWLEDGMENT THAT ACCESS OR USE BY MINOR CONSTITUTES VIOLATIONS OF
CIVIL AND CRIMINAL LAWS. You hereby acknowledge that You understand and
hereby agree that any access to the age restricted parts of the Web Site
or any age restricted Materials otherwise available in, at, through or
in association with, the Web Site, in any manner, by a minor or by a
person assisting a minor to access any such restricted parts of the Web
Site, shall constitute unauthorized accessing of the Company's computers
and databases in excess of the authorization expressly granted by the
Company in this Agreement, and shall comprise a violation of The Stored
Communications Act (18 U.S.C. 2701- 2710), trespass to chattels,
intentional copyright infringement(s) of the Company's, and potentially
others', copyrights protected under the laws of the United States and
other countries, intentional infringements of the Company's trademarks
and potentially other serious violations of civil and criminal laws.
3.3 AFFIRMATION OF CURRENT ADULT STATUS. YOU HEREBY AFFIRM AND WARRANT
THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE
(21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF
MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING
ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
4. GRANT OF LIMITED ACCESS.
4.1 Limited Non-Exclusive Access. In consideration of representations,
warranties, acknowledgments, and other agreements made by You, as set
forth in this Agreement, and subject to the terms and conditions set
forth in this Agreement, the Company hereby grants You access to the Web
Site and to the Materials contained in, at or made available through or
in association with the Web Site solely for Your private personal
entertainment, educational and non-commercial use, as provided by the
Company.
4.2 Agreement And Rights Of Access Subject To Change. You agree that this
Agreement and Your right to access the Web Site, or any parts thereof,
are subject to change by the Company at any time and changes shall
become effective upon posting at, or via www.angelsextoys.com to, the
Web Site. You may not alter, delete, add, edit or otherwise change any
of these terms and conditions, and any such attempted alteration shall
be void and of no effect.
4.3 Important Access And Use Restrictions. You acknowledge and agree that
all Content and other Materials contained in, at or available through or
in association with the Web Site are proprietary and constitute valuable
intellectual property owned by the Company or others who have licensed
use of, or access to, such Materials to the Company. As such, You
acknowledge and agree that You may access, view, download, receive and
otherwise use the Materials available in, at, through or in association
with, the Web Site only as specifically authorized by the Company. You
may access and use such Materials only on one computer at a time and, if
downloadable copies of the Materials are made available to You, You may
make only a single copy of such Materials for Your own personal
noncommercial use and enjoyment. You further acknowledge that the
Company specifically prohibits You from doing any of the following acts,
and You agree and warrant that You will not to do any of these
prohibited acts:
4.3.1. permit other individuals to directly or
indirectly use the Materials;
4.3.2. modify, translate, reverse engineer, decompile,
disassemble, any part of the Web Site, any Content or other Materials,
or any feature or function available in, at, through or in association
with, the Web Site (except to the extent applicable laws specifically
prohibit such restriction);
4.3.3. make copies or create derivative works based on
the Content or other Materials, except as provided herein;
4.3.4. rent, lease, or transfer any rights in the
Materials;
4.3.5. remove any proprietary or legally required
notices or labels on the Materials;
4.3.6. rebroadcast or otherwise transmit the Materials
via the Internet or any other means;
4.3.7. view or otherwise use Materials in the presence
of any person who is a minor, as defined in the jurisdiction in which
You make such use; and
4.3.8. make any other use of the Materials not
expressly permitted herein.
4.4 No Unauthorized Use or Access. 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 in, at, through or in association with,
the Web Site in a manner not expressly authorized by the Company. You
agree and warrant that You shall at no time access, view, download,
receive or otherwise use, or cause or enable others to access, view,
download, receive or otherwise use, Content or other Materials, directly
or indirectly in geographic locations where it is illegal to gain
access, viewing, downloading, receipt or other use.
4.5 Acknowledgment of Restricted Location Access. You hereby acknowledge
and understand that neither the Company nor any persons affiliated
therewith authorize the accessing, viewing, downloading, duplication,
receiving, transmission, broadcasting or other use of the Materials
contained in, at, or available through or in association with, the Web
Site, by any person, INCLUDING YOU, who is located in any of the areas
designated as PROHIBITED AREAS (see Paragraph 5 below).
4.6 Use Exceeding Authorization Violates Civil And Criminal Law. All the
intellectual property available in, at, through, or in association with,
the Web Site is either owned by or licensed to the Company. The Company
reserves all rights to restrict the access to, and to restrict the
duplication and distribution of, all such intellectual property. The
Company also reserves the right to restrict access to all or part of the
Web Site and to its computer databases. You hereby acknowledge that You
understand and hereby agree that any and all unauthorized access,
viewing, downloading, receipt, duplication or other unauthorized use of
the Web Site, Materials available in, at, through or in association
with, the Web Site, or the Company's computer databases, including, but
not limited to, accessing, viewing, downloading, receiving or other use
of Materials in any PROHIBITED AREAS (see Paragraph 5 below), in any
manner, by You, directly or indirectly, shall constitute intentional
copyright infringement(s) of the Company's, and potentially others',
copyrights protected under the laws of the United States and other
countries, and shall further constitute trespass to chattels and
intentional infringements of the Company's trademarks. Moreover, You
acknowledge and agree that any accessing of Materials available in, at,
through or in association with, the restricted parts of the Web Site,
from any PROHIBITED AREA (see Paragraph 5 below), or any other
unauthorized use or unauthorized accessing of restricted parts of the
Web Site or Materials, in whole or in part, in excess of the
authorization expressly granted by the Company in this Agreement, shall
comprise a violation of The Stored Communications Act (18 U.S.C. 2701-
2710). Intentional violation of the Company's copyrights could subject
You to statutory damages of up to $150,000 per infringement.
5. PROHIBITED AREAS. All parts of the United States of America
corresponding to the entire areas corresponding to United States Postal
Service zip codes prohibiting restricted content.
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 constitute PROHIBITED AREAS from
which no part of the Site may be accessed, viewed, downloaded or
otherwise received because of the laws in those areas:
ALABAMA: 350, 351, 352, 354, 355, 356,
357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369
ARKANSAS: 716, 717, 718, 719, 720, 721, 722, 723, 724, 725, 726, 727,
728, 729
FLORIDA: 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 335, 336,
337, 338, 339, 342, 344, 346, 347, 349
GEORGIA: 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315,
316, 318, 319
ILLINOIS: 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620,
622, 624, 628, 629
INDIANA: 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479
KANSAS: 664, 665, 666, 667, 668, 669, 670, 671, 672, 673, 674, 675, 676,
677, 678, 679
KENTUCKY: 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414,
415, 416, 417, 418, 420, 421, 422, 423, 424, 425, 426, 427
LOUISIANA: 703, 704, 705, 706, 707, 708, 710, 711, 712, 713, 714
MISSISSIPPI: 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397
MISSOURI: 634, 635, 636, 637, 638, 639, 644, 645, 646, 647, 648, 650,
651, 652, 653, 654, 655, 656, 657, 658
NEBRASKA: 686, 687, 688, 689, 690, 691, 692, 693
NORTH CAROLINA: 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280,
281, 282, 283, 284, 285, 286, 287, 288, 289
OKLAHOMA: 734, 735, 736, 737, 738, 739, 740, 741, 743, 744, 745, 746,
747, 748, 749
PENNSYLVANIA: 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163,
164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177,
178, 179, 182, 183, 184, 185, 186, 187, 188, 193, 195, 196
SOUTH CAROLINA: 290, 291, 292, 293, 294, 295, 296, 297, 298, 299
SOUTH DAKOTA: 572, 573, 574, 575, 576, 577
TENNESSEE: 370, 371, 372, 373, 374, 376, 377, 378, 379, 380, 381, 382,
383, 384, 385
TEXAS: 750, 751, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764,
765, 766, 767, 768, 769, 771, 772, 776, 777, 778, 779, 780, 781, 782,
783, 784, 785, 786, 787, 789, 790, 791, 792, 793, 794, 795, 796, 797,
798, 799
UTAH: 840, 841, 843, 844, 845, 846, 847
VIRGINIA: 226, 227, 228, 229, 238, 239, 240, 241, 242, 243, 244, 245,
246
WEST VIRGINIA: 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257,
258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268
If you live in the states of IOWA or OHIO make sure you fully know and
understand your local laws and regulations regarding adult material.
IMPORTANT: WE ARE NOT REQUIRED TO FURNISH YOU WITH THIS
INFORMATION. THIS INFORMATION IS BEING PROVIDED AS A SERVICE.
WE ARE NOT RESPONSIBLE FOR ERRORS OR OMISSIONS. We are not acting
in any way to send you this information. You are voluntarily entering
this site and receiving this information of your own free will. IT IS
YOUR RESPONSIBILITY TO DETERMINE WHETHER OR NOT YOU LIVE IN A PROHIBITED
AREA. EACH TIME YOU WISH TO ACCESS THIS WEB SITE OR ANY ADULT
WEBSITE, PLEASE CHECK WITH YOUR LOCAL GOVERNMENT TO SEE IF YOU ARE IN A
PROHIBITED ZIP CODE. IF SO, YOU MAY NOT ACCESS ANY MATERIALS FROM A
PROHIBITED ZIP CODE LOCATION.
WARNING: ACCESSING THE WEB SITE FROM A PROHIBITED LOCATION WILL
CONSTITUTE COPYRIGHT INFRINGEMENT, TRESPASS AND A VIOLATION OF THE
FEDERAL STORED COMMUNICATIONS ACT (18 U.S.C. 2701- 2710).
5.2 Prohibited Areas Of Access Outside The United States
5.2.1 All parts of the following countries:
Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq,
Japan, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea,
Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia,
Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to
Islamic law; and
5.2.2 All parts of every other geophysical
place corresponding to any political entity or part thereof in which
accessing, viewing, downloading, dissemination of, or other use of the
Content or other Materials contained in the Web Site would constitute a
violation of any law, regulation, rule or custom.
6. 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, accessing of the Web Site or the Company's other computer
databases, downloading, duplication or other unauthorized use of the Web
Site or any Content or other Materials available in, at, through or in
association with, the Web Site by You, alone, or with, or under the
authority of, any other person(s), including, without limitation, any
governmental agency(ies), wherein such damages include, without
limitation, all direct and consequential damages directly or indirectly
resulting from such unauthorized activities, including, without
limitation, attorney's fees and all litigation costs.
7. RESERVED RIGHT TO DISCONTINUE ANY FEATURE OF WEB SITE. You
acknowledge and agree that the Company and third party Content providers
may temporarily or permanently, modify, diminish or discontinue entirely
any feature, function, service or part of the Web Site, or any Content
or other Materials available in, at, through or in association with, the
Web Site, at any time, in the Company's sole discretion, or, as
relevant, in the sole discretion of the applicable third party Content
provider(s).
8. DEACTIVATION OF PASSWORD OR ACCESS CODE FOR LACK OF ACTIVITY. If
Company issues You a Password or access code for the Web Site's
restricted areas or for other access to Content or other Materials
available in, at, through or in association with, the Web Site, and You
fail to use that Password or access code within seventy-two (72) hours
after You have been given such Password or access code, the Company may
in its sole and exclusive discretion deactivate such Password and/or
access code.
9. Responsibility For Unauthorized Use Of Web Site. You further
acknowledge and agree that You will remain liable to the Company for any
unauthorized use of the Web Site or Materials or services associated
with the Web Site that is due to Your negligence or any intentional acts
in which You were directly or indirectly involved. You further agree
that You will remain liable for any such unauthorized use until You have
notified Company by electronic mail using the 'contact us' form
accessible through links posted on the Web Site(s).
10. Notices from the Web Site to You may be given by means of electronic
messages, or by general posting on the Web Site, or by conventional
mail. Communications from You to the Company may be made by electronic
messages unless otherwise specified in the Agreement. All notices to the
company shall be sent by electronic mail using the 'contact us' form
accessible through links posted on the Web Site(s).
11. You are prohibited from using any services or facilities provided in
connection with the Web Site to compromise security or tamper with
system resources. The use or distribution of tools designed for
compromising security (e.g., password guessing programs, cracking tools
or network probing tools) is strictly prohibited. If You become involved
in any violation of system security, the Company reserves the right to
release details regarding such incidents and Your personal information
to system administrators at other sites in order to assist them in
resolving security incidents. Further, such unauthorized access of the
Web Site and/or other related restricted databases, including, without
limitation, by means of password sharing, violates the intellectual
property rights of the Company, and potentially other parties, and may
violate civil and criminal laws, including the Stored Communications
Act. The Company reserves the right to investigate all suspected
violations of these and other posted Terms of Use.
12. Acknowledgment of Privacy Policy. You hereby acknowledge the
Company's Privacy Policy and waive any claims against the Company
arising out of any matter relating thereto.
13. Restrictions On Use.
13.1. Use Limited By Company. You may only use the Web Site for purposes
expressly permitted by the Company as set forth herein and/or elsewhere
in the Web Site. You may not use the Web Site for any other purpose,
including any commercial purpose, without the Company's express prior
written consent. For example, You may not (and may not authorize any
other party to) (i) co-brand the Web Site, or (ii) frame the Web Site,
or (iii) hyper-link to the Web Site, without the express prior written
permission of an authorized representative of the Company. For purposes
of this Agreement, "co-branding" means to display a name, logo,
trademark, or other means of attribution or identification of any party
in such a manner as is reasonably likely to give a user the impression
that such other party has the right to display, publish, or distribute
the Web Site or Content or other Materials accessible in, at, through or
in association with, the Web Site. You agree to cooperate with the
Company in causing any unauthorized co-branding, framing or
hyper-linking immediately to cease.
13.2. Proprietary Content And Other Information. The Web Site and all
Content and other Materials accessible in, at, through or in association
with, the Web Site, and any other World Wide Web site owned, operated,
licensed, or controlled by the Company are the proprietary information
of the Company or the party that provided such Content and other
Materials to the Company and Company or the party that provided the
Content to Company retains all right, title, and interest in such
Content and Materials. Accordingly, such Content and other Materials may
not be copied, distributed, republished, uploaded, posted, or
transmitted in any way without the prior written consent of the Company,
except that You may view a copy of the Content on one computer at a time
solely for Your personal use. In doing so, You may not remove or alter,
or cause to be removed or altered, any copyright, trademark, trade name,
service mark, or any other proprietary notice or legend appearing on any
of the Content or other Materials. Modification or use of the Content or
other Materials available in, at, through or in association with the Web
Site, except as expressly provided in this Agreement violates the
Company's, and potentially other parties', intellectual property rights.
Neither title nor intellectual property rights are transferred to You by
granting or otherwise allowing You access to, the Web Site.
13.3. Trademarks, Service Marks and Logos. The name of this Web Site is a
service mark of Company. No use of this mark shall be permitted except
through the prior written authorization and permission of Company. All
rights reserved. All other trademarks, service marks, and logos
appearing in the Web Site are the property of the Company or the party
that provided the trademarks, service marks, and logos to the Company.
The Company and any party that provided trademarks, service marks, and
logos to the Company retain all rights with respect to any and all of
their respective trademarks, service marks, and logos appearing in the
Web Site.
13.4. Restrictions on Communications; Liability For Information You May
Post. If the Company should, at any time, provide any service which
enables You to communicate or otherwise share information with Users or
the Web Site, with persons providing any kind of service to You or other
Users of the Web Site, or with any other persons, or which enables You
to post information at, in, through or in association with, the Web
Site, in any manner, You agree not to post, submit, publish, display,
disseminate, or otherwise communicate, while connected to, or otherwise
directly or indirectly using the Web Site or other services (including
live or non-live chat services), features or functionality provided to
You by the Company or any third party, 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, or violates any law, regulation, rule or
custom.. Transmission of any such material or any other material that
violates any federal, state, or local law in the United States or
anywhere else in the world, by You, in, at, through, or in direct or
indirect association with, the Web Site, or any feature or function
relating thereto, is strictly prohibited and may constitute a criminal
act on Your part.
13.4.1 You may not at any time post, send, submit,
publish, or transmit in connection with the Web Site, or otherwise use
the Web Site or any feature or functionality in, at, through or in
association with, the Web Site, to disseminate, in any manner, any
material that:
13.4.1.1. You do not have the right to post, including
proprietary material of any third party;
13.4.1.2. advocates illegal activity or discusses an
intent to commit an illegal act;
13.4.1.3. is vulgar, obscene, pornographic, or
indecent;
13.4.1.4. does not pertain directly to the Web Site;
13.4.1.5. threatens or abuses others, libels, defames,
invades privacy, stalks, is obscene, pornographic, racist, abusive,
harassing, threatening or offensive;
13.4.1.6. seeks to exploit or harm children by exposing
them to inappropriate content, asking for personally identifiable
details or otherwise;
13.4.1.7. infringes any intellectual property or other
right of any entity or person, including violating anyone's copyrights
or trademarks or their rights of publicity;
13.4.1.8. violates any law or may be considered to
violate any law;
13.4.1.9. impersonates or misrepresents Your connection
to any other entity or person or otherwise manipulates headers or
identifiers to disguise the origin of the content;
13.4.1.10. advertises any commercial endeavor (e.g.,
offering for sale products or services) or otherwise engages in any
commercial activity (e.g., conducting raffles or contests, displaying
sponsorship banners, and/or soliciting goods or services) except as may
be specifically authorized on the Web Site;
13.4.1.11. solicits funds, advertisers or sponsors;
13.4.1.12. includes programs which contain viruses,
worms and/or Trojan horses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications;
13.4.1.13. disrupts the normal flow of dialogue, causes
a screen to scroll faster than other users are able to type, or
otherwise act in a way which affects the ability of other people to
engage in real time activities via the Web Site;
13.4.1.14. includes MP3 format files;
13.4.1.15. amounts to a 'pyramid' or similar scheme;
13.4.1.16. violates any policy or regulations
established from time to time regarding use of the Web Site or any
networks connected to the Web Site; or
13.4.1.17. contains hyper-links to other sites that
contain content that falls within the descriptions set forth above.
13.4.2. 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 information which You
submit, publish, display, disseminate or otherwise communicate at, on,
through or in association with, the Web Site, including via online
public, private and semi-private online chat or other communication of
any kind, even if a claim for damages or liability should arise after
termination of service.
14. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE; NO
MONITORING BY COMPANY. You acknowledge and agree that all messages and
Content posted by You or others in any Chat rooms or public areas of the
Web Site, if any, 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 posted or
otherwise entered or submitted to this Web Site or any device accessible
in, at, through or in association with, the Web Site, can and may be
read by the Company, its agents, assigns, successors, and other
operators of the Web Site, whether or not they are the intended
recipient(s). If Company creates or makes available a Chat Room or
Public Area in, at, through, or in association with, the Web Site, You
acknowledge that You have been informed that all messages or Content
posted by You or others in any Chat rooms or public areas of the Web
Site 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 any private or semi-private
communication with a performer accessible at, in, through or in
association with, the Web Site, such as a live video performer, may be
read by the Company, its agents, assigns, successors, and other
operators of the Web Site, whether or not they are the intended
recipient(s). Company, its, agents, assigns and successors shall have no
obligation to monitor any Chat Room, public area or any submitted
communications, and disclaim any such obligation.
15. NO SCREENING OF THIRD PARTY CONTENT OR COMMUNICATIONS; LIMITATION OF
LIABILITY.
15. 1. Hyper-Linked Advertisements and Other Content. The Web Site may be
hyper-linked to other sites which are not maintained by, or related to
the Company. Hyper-links to such sites may comprise advertisements, may
be provided as a service to users or have other functions. Such sites
are not sponsored, endorsed or controlled by the Web Site or the
Company. The Company does not review such sites and is not responsible
for the Content available at those sites. Hyper-links are, therefore, to
be accessed at the user's own risk, and the Company makes no
representations or warranties about the Content, completeness or
accuracy of these hyper-links or the sites hyper-linked to the Web Site.
You might also access some of the Content of the Web Site via hyperlinks
that will connect You to third parties, or to third-party web sites that
may provide Content and other Materials to the Web Site (e.g., linked
photographic "galleries," "video-clip galleries" or live video chat
studios). The Company has no editorial control or supervision over the
selection or display of the Content provided by those third-parties or
those third-party web sites. The owners and operators of all third-party
web sites are solely responsible and liable for the Content they provide
to You directly or in association with the Web Site.
15.2. Company Has No Editorial Control Over Communications Submitted To
The Web Site By Advertisers or Marketing Affiliates. You acknowledge
that You understand that the Company does not screen or endorse the
Content of any advertisements or communications submitted, posted or
linked to the Web Site by third-party advertisers or marketing
affiliates, for electronic dissemination at or through the Web Site, nor
does the Company have or exercise any editorial control or supervision
over such Content or the Content of any third-party web site framed in
the Web Site. You are advised to use Your own judgment to evaluate all
third party banners and other advertisements and all other
communications available in, at, through, or in association with , the
Web Site that are made by third parties not under the control or
supervision of the Company. You are also advised to use Your own
judgment to evaluate all such advertisements and other communications
prior to purchasing goods and/or services described therein. You
acknowledge and agree that You assume all risks associated with engaging
such links, purchasing such goods and/or services described in such
banners and other advertisements, and responding to communications by
such third party Content providers, including online chat participants
and live video performers.
15.3. Company Has No Editorial Control Over Communications Submitted To
The Web Site By Other Members and Users of the Web Site. 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 Content or other
Materials posted or uploaded by Users of the Web Site (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 Web Site.
15.4 Immunity Provided Under the Communications Decency Act. 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, diminish 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 Web Site by You or any User
or any other person that, in its sole judgment, the Company determines
is in violation of this Agreement or that the Company determines might
be otherwise offensive, illegal, vulgar, hateful, abusive, or that might
violate the rights, harm, or threaten the safety of, the Company, any of
its members, employees, advertisers, agents, assigns, and/or any other
person or entity.
16. NO REPRESENTATION, GUARANTEE OR WARRANTY THAT WEB SITE OR CONTENT
ASSOCIATED THEREWITH IS FREE OF HARMFUL OR MALICIOUS CODE. You
understand that the Company cannot, and does not, represent, guarantee
or warrant that files available for downloading from the Internet will
be free of viruses, worms, Trojan horses or other code that may manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy Your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Web Site for the reconstruction of
any lost data. The Company does not assume any responsibility or risk
for Your use of the Web Site, any Materials, feature or function
available in, at, through, or associated with, the Web Site, or Your use
of the Internet, in general, or in association with Your accessing the
Web Site.
17. DISCLAIMERS; NO WARRANTIES; YOUR USE OF THIS SITE IS AT YOUR OWN
RISK.
17. 1. CONTENT, MATERIALS, FEATURES, FUNCTIONS AND ALL OTHER GOODS AND
SERVICES PROVIDED ON AN "AS IS" BASIS. YOU HEREBY AGREE THAT THE
CONTENT, MATERIALS, FEATURES, FUNCTIONS AND ALL OTHER GOODS AND SERVICES
PROVIDED TO YOU BY COMPANY AND ITS AFFILIATED CONTRACTORS, ARE PROVIDED
ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, OR CONTENT
OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, OR WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS ALL SUCH
WARRANTIES. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT
AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH, THIS WEB SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN
TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO
WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF
OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN SUCH CONTENT. THE CONTENT MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES
OR IMPROVEMENTS AT ANY TIME.
17.2. YOU ASSUME ALL RISK OF USE. YOU, AND NOT THE COMPANY, ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE
EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEB SITE OR ANY
AND ALL CONTENT AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH, THE
WEB SITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
MATERIALS, FEATURES, FUNCTIONS, GOODS AND SERVICES PROVIDED BY COMPANY,
OR OTHERWISE AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH THE WEB
SITE, IS BORNE EXCLUSIVELY BY YOU. SHOULD ANY SUCH CONTENT OR OTHER
MATERIALS, OR ANY FEATURE, FUNCTION, GOOD OR SERVICE PROVE DEFECTIVE
AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU,
AND NOT THE COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY
RESULT DIRECTLY OR INDIRECTLY FROM ANY AND ALL SUCH DEFECTS.
17. 3 NO DUTY TO UPDATE INFORMATION. ALL OF THE INFORMATION IN THE WEB
SITE, WHETHER HISTORICAL IN NATURE OR FORWARD-LOOKING, SPEAKS ONLY AS OF
THE DATE THE INFORMATION IS POSTED ON THE WEB SITE, AND COMPANY DOES NOT
UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT IS POSTED
OR TO REMOVE SUCH INFORMATION FROM THE WEB SITE IF IT IS NOT, OR IS NO
LONGER, ACCURATE OR COMPLETE.
17.4. THIS DISCLAIMER IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF 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 WEB SITE, OR
THEIR SUPPLIERS, LICENSEES, OR RESELLERS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL OR NON-COMMERCIAL DAMAGES RESULTING FROM ANY USE OF THE
FEATURES, FUNCTION, CONTENT OR OTHER MATERIALS AVAILABLE IN, AT, THROUGH
OR IN ASSOCIATION WITH, THE WEB SITE, OR ANY OTHER USE OF THE WEB SITE.
18. LIMIT OF COMPANY'S LIABILITY. 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,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL
BE STRICTLY LIMITED TO THE AMOUNT OF FIFTY DOLLARS ($50.00). 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 WEB SITE.
19. SECTION 2257.18 U.S.C. 2257 RECORD-KEEPING REQUIREMENTS COMPLIANCE.
PassionsUnchained.com has no roles in procuring models for this or any
other site, we merely distribute content provided by our
advertisers/merchants, or through the use of materials made available to
the general public on the Internet. Under our agreement with such
advertisers/merchants, or the providers of materials posted on the
Internet, they represent that they are in full compliance of fulfilling
their obligations under Section 2257. 18 U.S.C. 2257 Record-Keeping
Requirements Compliance Statement.
20. COOPERATION WITH LAW ENFORCEMENT. The Company reserves the right to
fully cooperate with any law enforcement authorities or court order
requesting or directing the Company to disclose the identity or other
information regarding any person or persons alleged by any governmental
entity to be using the Web Site or any Content or Materials available
in, at, through or in association with, the Web Site in violation of any
law or regulation, or in violation of this Agreement, including, without
limitation, the posting any of e-mail messages, or publishing or
otherwise making available any such materials. BY ACCEPTING THIS
AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY COMPANY DURING, OR AS A RESULT OF, ITS
INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
21. ENTIRE AGREEMENT. This Agreement contains the entire agreement
between You and the Company regarding Your access to, and use of, the
Web Site, and all Content and other Materials available in, at, through
or in association with, the Web Site, and all features and functionality
directly and indirectly related to the Web Site. This Agreement
supersedes all prior written and oral understandings, writings and
representations, including those, if any, made by any third party or
other person. This Agreement may only be amended in writing by the
Company. Notwithstanding the foregoing, any additional terms and
conditions on the Web Site will govern the items and matters to which
they pertain. The Company may revise this Agreement at any time by
updating this posting.
22. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. By accepting
these terms and conditions as indicated herein, or by otherwise
continuing to use the Web Site in any manner, You agree that this
Agreement and all disputes or controversies of any kind arising under,
or related to this Agreement, the Web Site, and/or any Content,
Materials, features or functions available in, at, through or in
association with, or in any way relating to, the Web Site, shall be
governed by and construed under the laws of the United States. The
application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded.
22.1 Choice of Law. You further agree that notwithstanding any judicially
or statutorily created choice of law rule that would otherwise require
the application of the law of some other jurisdiction, all provisions of
this Agreement and all matters or controversies of any kind arising out
of, or related to this Agreement or the rights or liabilities of the
parties hereto shall be governed solely by the substantive statutory and
common law of the state of Indiana.
22.2 Arbitration. Any and all disputes or controversies of any kind,
including but not limited to any performance, duty, obligation or
liability arising under or related to this Agreement which are not first
resolved informally, shall be determined by binding arbitration in
Harrison County, Indiana, 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 Indiana and the United States.
Notwithstanding the foregoing, any and all disputes, which the parties
cannot informally resolve, regarding the scope of issues or matter
within the jurisdiction of the arbitrator, shall be resolved by a
separate dispute resolution process whereby the Company, in its sole
discretion shall elect the dispute to be resolved by either (1) a
municipal or superior court of competent jurisdiction in Harrison
County, Indiana or (2) a panel of three (3) new arbitrators.
22.3 Venue. You and the Company hereby agree that the venue for all legal
disputes, controversies, actions of any kind arising under or related to
this Agreement shall be Harrison County, Indiana.
22.4 Jurisdiction. You and Company agree that In case of any litigation
regarding this Agreement, You agree that the venue for such litigation
shall be, depending on the subject matter of the dispute, either the
Municipal Court of Harrison County, Indian, the Superior Court of the
County of Harrison or the United States District Court for Indiana. You
hereby consent and stipulate to the jurisdiction of the Courts of the
State of Indiana and the United States District Court, Indiana.
23. UNENFORCEABILITY OF PROVISIONS. You and Company agree that 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 and all other portions of this Agreement shall remain in
full force and effect (i.e, if any part of this Agreement is unlawful,
void or otherwise unenforceable, only that part will be deemed severable
and, such severance will not affect the validity and enforceability of
any and all the remaining provisions).
24. ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT. You further agree that
accessing the Web Site does not place the Company at obligation to
provide any feature, function, Content, Material, benefit, or other
services to You
25. NON-WAIVER. You acknowledge and agree that the failure of Company or
any assignee or successor to enforce any of the specific provisions of
this Agreement shall not comprise a waiver of, or preclude or estop any
later, further or other enforcement of such provision(s), or any other
provision(s), or waive, preclude, estop or diminish the exercise of any
other right hereunder.
26. AFFIRMATION OF AGREEMENT; ACKNOWLEDGE YOU HAVE READ THIS ENTIRE
AGREEMENT. By clicking on a link agreeing to this Agreement below or
anywhere else in the Web Site and/or by accessing or continuing to
access the Web Site and/or any service, offer or other functionality
available in, on, at or through the Web Site, You acknowledge and affirm
that You have read this entire Agreement and that You agree to all its
terms and conditions.
26 .1 Affirmation By Bookmarking. You agree Any action on Your part to
Bookmark to a page on this Web Site whereby a warning page, age
verification page, and/or the Terms and Conditions page is bypassed
shall constitute an implicit acceptance by You of all the Terms and
Conditions set in this Agreement as well as an explicit acknowledgment
by You of the fact that You are an adult and at least eighteen (18)
years of age or of the age of majority under the laws of Your state,
province or country.
26.2 NO AUTHORIZATION WITHOUT FULL AGREEMENT. IF YOU DO NOT UNDERSTAND OR
DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS, CONDITIONS, OBLIGATIONS,
WARRANTIES, DISCLAIMERS AND OTHER PROVISIONS OF THIS AGREEMENT YOU MUST
LEAVE THE SITE IMMEDIATELY. UNLESS YOU UNDERSTAND AND EXPRESSLY AGREE
WITH ALL THE TERMS OF THIS AGREEMENT, YOU WILL NOT BE AUTHORIZED TO USE
ANY SERVICES OFFERED OR OTHERWISE PROVIDED BY OR THROUGH THE SITE.
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