Welcome to Blowjobz.com. Your agreement to all the terms and conditions of this agreement ("Agreement") is required before You can use the Blowjobz.com web site at Blowjobz.com ("Website"). Your agreement is also required before the operators of Blowjobz.com will grant You authorized access to their computer databases to obtain or use copies of photographs, video, text or graphics ("Content") offered in, at or through the Website. If You do not agree to the terms and conditions, set forth below, You will not be authorized to use the "adults only" portions of the Website nor will You have permission to access the servers hosting Blowjobz.com or view, download or otherwise use any "adults-only" Content available in, at or through the Website.
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR DOWNLOADING CONTENT FROM A Blowjobz.com USING ANY OTHER SERVICES PROVIDED BY THE OWNERS OR OPERATORS OF THE WEBSITE, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT, INCLUDING IMPORTANT LIMITATIONS REGARDING "PROHIBITED LOCATIONS" FROM WHICH YOU MAY NOT ACCESS THE WEBSITE, OBTAIN COPIES OF CONTENT, OR USE ANY Blowjobz.com SERVICES.
1. Parties To This Agreement And Consideration
The parties to this Agreement ("Agreement") are you ("You", sometimes
referred to as a "User" of the Website), and Blowjobz.com, the owner of
Blowjobz.com (the "Company"). As used in this Agreement, the terms "we"
and "us" are used interchangeably to refer to the Company and the
operators of the Website (sometimes referred to as Blowjobz.com). By
further accessing the Website or materials available at or in
association with the Website, and for other good and valuable
consideration, the sufficiency of which is acknowledged by You and the
Company, You hereby agree to be bound by all the terms and conditions
set forth in this Agreement.
2. Acknowledgement Of Sexual Content
You hereby acknowledge that the Content made available at, in, though
and in association with Website by the Company and/or other parties that
may provide Content available at, in, through or in association with
the Website ("Affiliated Content Providers") and other materials
available at, in, through or in association with the Website, include
explicit visual, audio, and/or textual depictions of nudity and sexual
activities, that You are not offended by such materials, and that by
agreeing to these terms and conditions You are warranting to the Company
and to the Affiliated Content Providers that You are intentionally and
knowingly seeking access to such explicit sexual materials for Your own
personal viewing.
3. Age-Restricted Materials And Age Restricted Access
No persons under the age of 18 years (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 Website, access
Company computers to obtain copies of the Content provided by the
Company or Affiliated Content Providers or place any orders for any
goods or services advertised in, at, through or in linked association
with, the Website.
4. Affirmation That You Are An Adult And You Are Not In A Prohibited Area
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18
YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY),
YOU ARE NOT LOCATED IN A PROHIBITED LOCATION AND YOU WILL NOT ACCESS THE
WEBSITE OR CONTENT MADE AVAILABLE THROUGH THE WEBSITE BY ANY AFFILIATED
Content Providers FROM ANY PROHIBITED AREA.
5. Consequences Of Fraudulent Age Or Location Representation
You hereby acknowledge that You understand, and that You hereby agree,
that any access to the age-restricted parts of the Website or Content
made available by the Company or Affiliated Content Providers, by a
minor or by any person located in a PROHIBITED AREA constitutes the
unauthorized accessing of the Company's computers and databases in
excess of the authorization expressly granted by the Company in this
Agreement, and that such unauthorized access violates state, federal and
foreign laws, including, without limitation, The Electronic
Communications Privacy Act, 18 U.S.C. �� 2701-2710, The Computer Fraud
and Abuse Act, 18 U.S.C. � 1030 and The California Comprehensive
Computer Data Access and Fraud Act, Cal. Penal Code �502 and constitutes
trespass to chattels, and intentional copyright infringement(s) of the
Company's copyrights in the Website and in Content owned by the Company,
and/or other parties, that is displayed in, at or through the Website
all of which are protected under the laws of the United States and other
countries. You further acknowledge that You understand that any such
unauthorized access of the Website and/or Company Content or Affiliated
Content Providers' Content on the Company's computers could subject You
to potential criminal prosecution and substantial civil liability. For
example, intentional infringement of the Company's copyright in a single
work could subject You to statutory damages of up to $150,000 per work
infringed,
6. Grant Of Limited License; Cancellation
6.1 You acknowledge and agree that all the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult not located in a PROHIBITED AREA, and payment of all Membership Fees and other Fees You have agreed to pay, the Company hereby grants You a single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
6.2 Membership; CANCELLATION
6.2.1 By signing up for a subscription or membership to the Website,
accessing any the password protected area of the Website, using any
"member's only" content available in at or through the Website, or by
accepting these terms and conditions by any other legally recognizable
means, you hereby acknowledge and agree that you will be irrevocably
agreeing to all the terms, conditions, obligations, warranties, and
other provisions set forth in this Agreement, including the
authorization for and acceptance of full financial responsibility for
all charges set forth in this Agreement.
6.2.2 To terminate your membership, your subscription must be canceled at least 3 days prior to the end of the current term (or within your trial period in the case of trial membership). Certain features are available to upgraded or converted members only.
6.2.3 You agree that if you do not send the Company notice of cancellation of your membership at least THREE (3) DAYS from the expiration of your membership term (including any free or promotional membership terms), or within your trial period in the case of trial membership the Company shall, with the full authorization You hereby provide, automatically and without further notice, renew Your membership to Website.
6.2.4 All cancellations received by the Company will be effective upon receipt and The Company may, at any time and at its sole discretion and without cause or the providing of any reason, cancel any membership.
6.2.5 You hereby acknowledge and agree that if You cancel Your membership, or if Your membership is cancelled by the Company, Your password will be removed from the system at the end of the then current membership period and that You will be entitled to receive the full benefits of Your membership until the end of such membership period. You shall not be entitled to any pro-rated or partial refund if You cancel Your membership before the end of the then current membership period for any reason. You agree that if you cancel at any time after purchasing a membership to Website (e.g., 20 minutes after you sign up), You will still be charged the full month's membership fee.
7. Termination of Your License To Use Website
You acknowledge and agree that We may, in our sole discretion, terminate
or suspend Your access to all or part of the Website at any time, with
or without notice, for any reason, including, without limitation, breach
of this Agreement. Without limiting the generality of the foregoing,
any fraudulent, abusive, or otherwise illegal activity may be grounds
for termination of Your access to all or part of the Website at Our sole
discretion, and You may be referred to appropriate law enforcement
agencies.
8. Important Access And Use Restrictions
You acknowledge and agree that You may only access, view, download,
receive materials available at, in or through the Website, including
Content provided by Website Content Providers, only in accordance with
these terms and conditions and other restrictions set forth in this
Agreement and otherwise posted on the Website, including specific terms
and condition associated with the acquisition of Website Content
Provider's Content, and posted revisions of this Agreement. You may
access and use the Website only on one computer at a time and You may
make only a single copy of the parts of the Website You access for Your
own personal noncommercial educational and entertainment use and
enjoyment. You may not use content for any commercial purpose
whatsoever. You may not re-publish or provide any parts of the Website
or any Website Content Providers' Content to any other person without
express prior written authorization by the Company. Such prohibited uses
include, without limitation, emailing, phone messaging or any other
publication of the Website or Website Content Provider's Content, in
whole or in part, on any web page, including on any personal web page
You may own or be affiliated with, including any MySpace� page,
regardless of whether any of the aforementioned uses are commercial or
non-commercial. Any and all such unauthorized use will constitute
intentional copyright infringement that could subject You to serious
potential liability.
9. Service Marks (Trademarks)
members.Blowjobz.com, is a Service mark of Blowjobz.com. No use of these
marks by You or any other User shall be permitted except through the
prior written authorization and permission of Company. All rights
reserved.
10. Indemnification For Unauthorized Use Of Content, Website Or Other Proprietary Materials
You agree to be personally liable for any breach of this Agreement by
You. You also agree to fully indemnify the Company and the Company's
directors, officers, employees, independent contractors, advertisers,
affiliates, suppliers, agents and attorneys, and their successors and
assigns for any and all damages directly, indirectly and/or
consequentially resulting from any breach of this Agreement by You,
including, without limitation, any damages resulting from any attempted
or actual unauthorized, accessing, downloading, viewing, copying or
distribution of the Website, in whole or in part, 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 and criminal
defense costs.
11. You May Not Transfer Or Assign Your Access Rights Or Other Privileges; Passwords
You shall not, under any circumstances, have the right to transfer or
assign Your license to use the Website or any license(s) to use any
Content You might obtain in, at, through or in association with, the
Website, and You acknowledge that any attempted transfer or assignment
of any such rights shall be void from the beginning.
12. Any passwords that are issued for use at or in association with the Website or any Content provided by a Website Content Provider or affiliate are for Your individual use only
You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company and/or Website affiliates strictly confidential, and You hereby agree to do so. If You use a password that the Company considers to be insecure, the Company shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if You become involved in any violation of system security or if the Company or any Website affiliates reasonably so believes, the Company and all Website affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.
13. Code Of Conduct
You agree, warrant and covenant to use the Website in accordance with
the following Code of Conduct and that we may terminate Your right to
use or access the Website and/or Content for violating any of these
provisions:
13.1 You will not use the Website to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Website which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
13.2 You will not use the Website to infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, the Company's rights, Website affiliate's rights or any other Website user's rights.
13.3 You will not download or access any content available at or in association with the Website that does not comply with the community standards of the community to which You desire to have such content delivered or transmitted.
14. Authorization And Permission To Communicate With You Please read our PRIVACY POLICY. You hereby authorize, permit and request notices, advertisements, e-mail and other communications to be sent to You from the Company and from Website affiliates, Website Content Providers and/or their authorized agents, assigns, representatives, successors, affiliates and contractors. You acknowledge and agree that such communications may include any type of matter, including, without limitation, communications containing explicit nudity, explicit sexual depictions, sexual language and explicit sexual situations, including those involving heterosexuality, homosexuality and transsexuality. You agree that the Company shall not be under any obligation or restriction regarding the sale of Your email information to any third parties for any purpose. Moreover, You agree that Your request, authorization and permission to the Company send You such materials and communications herein shall continue to be in effect unless and until You notify the Company that You wish to be deleted from the Company's email list, in which case, You acknowledge and agree that the Company shall be obligated only to delete You from its email list and not the email list(s) of any third parties regardless of how such parties obtained Your email information through the Company. You acknowledge and agree that You will need to contact such third parties to be deleted from their email list(s). If You do not wish to receive advertising email from Company email [email protected].
14.1 Opt-out and Cancellation Provisions. At any time, You may opt out of future e-mailings and cancel Your receipt of e-mails from the Company by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by the Company or by sending an e-mail cancellation request to [email protected].
14.2 Acknowledgment of Privacy Policy. You hereby acknowledge the Company's Please read our Privacy Policy and waive any claims against the Company that arise out of in relation to any matter relating thereto.
14.3 No Actions Resulting From Registration In "No Contact" Registries. You hereby agree that You will not bring any action against Company, any Website Content Providers, or any of the Website's affiliates or any of any of the aforementioned parties' principals, employees or agents as a direct or indirect consequence of Your registration of an email address, mailing address, telephone number or other contact point with any governmental "do not email" registry with respect to any such contact point You have provided to the Company and/or one or more Website Content Providers after indicating that You have given the Company and/or such Website Content Providers permission to send You email, e.g., as You have done so in this Agreement above. You agree to indemnify the Company and Website Content Providers, the Website's affiliates and all their agents for any and all expenses and damages that result from any and all breaches of this subparagraph 14.3 and for any actions against Company, Website Affiliates, and/or any Website Content Providers that result from the Company and/or one or more Website Content Providers or affiliates sending You email that You have requested or authorized the Company, its affiliates and/or one or more Website Content Providers or affiliates to send You.
15. Use Of The Website To Communicate With Other Users, Website Affiliates Or Website Content Providers The Company does not endorse, encourage, recommend or arrange personal or social communications or meetings among users of the Website or between a user and any individual Website affiliate or a user and any Website Content Provider. You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom You have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by the Company, a Website affiliate or any Website Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Website users, Website affiliate, any Website Content Provider, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that the Company does not screen any communications between Website affiliates or Content Providers and Website users and the Company has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Website Content Providers, any affiliate or any other users of the Website, including any person who places any advertisements, profiles or notices on or in association with the Website.
15.1 The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide a service to Users, such as Website Content Providers or to post information at, in or on the Website. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable 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. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Website.
15.2 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 through the Website even if a claim for damages or liability should arise after termination of service.
15.3 If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other users of the Website who are authorized to access the Website and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through the Website can be read by the operators and/or other agents of Company whether or not they are the intended recipient(s).
15.4 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.
15.5 Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Website or any applicable content guidelines adopted from time to time by the Website, or to be otherwise unacceptable.
15.6 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website, to Website Content Providers or affiliates, or to other Users of the Website. You further acknowledge and agree that You shall remain solely responsible for any information You send, display, or receive through the Website even if a claim should arise relating thereto after termination of service.
15.7 Communications In Chat Room Or Public Areas Not Private. You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential or proprietary. Consequently, You should not use the Website for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
16. Disclaimer And Limitation Of Liability Regarding Website Content Providers, Company Affiliates, Other Website Users And Other Third Parties.
16.1 You acknowledge and agree that Company shall not be held responsible or liable for the quality, legality, or any other matter regarding Content that is made available to You on or in association with the Website by Website Content Providers, the Company's affiliates, any Website Users or any other third parties.16.2 You further acknowledge that You understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other users of the Website, including without limitation any and all advertisers, and that consequently You release the Company from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or content of any kind provided by other Users of the Website.
16.3 You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Website by Website Content Providers, affiliates or other third-party licensees, advertisers, or users of the website for electronic dissemination through the Website. You are therefore cautioned and advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.
16.4 Some of the materials that You might access via hyperlinks at the Website will connect You to third-parties, or to third-party Websites that may provide content to the Website via hyperlinks. We have no editorial control or supervision over selection or display of such content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for all such content.
16.5 You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide to the Company, Website Content Providers, affiliates or any other website users and that You release the Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the use of such information.
16.6 You hereby release Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the Content and all other information, messages, communication or other materials You may receive from the Company, Website affiliates or Website Content Providers.
17. No Representation, Guarantee Or Warranty That Website Or Content Associated Therewith Is Free Of Harmful Or Malicious Code
You understand that neither Company, Website affiliates nor any Website
Content Providers represent, guarantee or warrant that either the
Website or any Content or any other files You may access at, in or
through, or download from the Website any Website linked to Website or
any affiliated website will be free of viruses, worms, Trojan horses or
other code that may manifest contaminating or destructive properties
("Harmful Code"). You are responsible for implementing sufficient
procedures and checkpoints to satisfy Your particular requirements for
accuracy of data input and output, protection of Your computer(s) and
for maintaining a means of reconstructing data that You might lose
because of Harmful Code. Neither the Company, Website affiliates nor any
Website Content Providers assume any responsibility or risk associated
with the possibility of damage to Your computer(s) or any other devices
through Your use of the Website or any Content or other materials You
may obtain in association therewith.
18. Disclaimers; No Warranties; Your Use Of This Site Is At Your Own Risk
You hereby agree that the use of the all materials, features, functions
and all other goods and services provided to You by the Company, and the
use of any and all Content provided by Website Content Providers and
affiliates are provided to You 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 Company and Website Content
Providers and affiliates expressly disclaim all such warranties. Neither
the Company, Website affiliates nor any Website Content Providers
warrant that the functions of the Website or Content provided by any of
the aforementioned parties nor does the Company warrant that any other
materials available in, at, through or in association with, the Website
will be uninterrupted or error-free, or that any discovered defects will
be corrected. Under no circumstances and under no cause of action or
legal theory, shall Company, Website affiliates, Website Content
Providers or any of the Company's suppliers, licensees, resellers,
affiliates or their suppliers, licensees or resellers be liable to You
or any other person for any indirect, special, incidental, or
consequential damages of any character including, without limitation,
damages for loss goodwill, work stoppage, computer failure or
malfunction, or any and all other commercial damages resulting from any
viruses, worms, Trojan Horses or other destructive software or
materials, or communications by You or other users of the Website, or
from any use of Content or any use of the Website whatsoever. This
disclaimer of warranty constitutes an essential part of this Agreement.
Some states do not allow exclusions of an implied warranty, so if for
any reasons the choice of law provisions of this Agreement are deemed
not to apply to this Paragraph, this disclaimer may not apply to You and
You may have other legal rights that vary from state to state or by
jurisdiction.
19. Limit Of Company's, Website Content Providers' and Website Affiliates' Liability
Notwithstanding the limitations of liability above, You also agree that
as a material condition to Your obtaining the license to use the Website
set forth herein, and to access Content made available to You by
Website Content Providers and/or affiliates, You agree that any and all
liability that might be attributable to the Company, Website Content
Providers or Website affiliates, or to any of their directors, officers,
employees, independent contractors, advertisers, affiliates, suppliers,
agents and attorneys, and their successors and assigns that directly or
indirectly results from Your use of the Website and/or Website Content
Providers' or affiliates' Content, 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, negligence or under any other
cause or action, shall be strictly limited to the lesser amount of (1)
the license fee paid by You for access to the Website or for the Content
You accessed at the Website or (2) fifty dollars ($50.00). Some states
do not allow the limitation or exclusion of liability for incidental or
consequential damages. Regardless of whether such limitation or other
limitation of the scope of this limitation of liability or other
limitation of liability set forth in this Agreement should apply to You,
You acknowledge and agree that it is the express intent of the parties
hereto that the limitations of liability set forth in this paragraph and
elsewhere in this Agreement shall be construed to be as broad as is
permissible under applicable law.
20. Waiver of Section 1542
With respect to the releases of liability set forth in this Agreement,
You hereby acknowledge that You have been advised by Your independent
counsel or You otherwise understand the consequences of entering into
the general release and discharge of all known and unknown Claims as set
forth in this Agreement, and that You are familiar with the provisions
of Section 1542 of the California Code, which currently provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
You hereby expressly waive any and all rights under Section 1542 and under any other federal or state statutes or laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed or operate to limit any obligation, duty, warranty or other responsibility set forth in this Agreement, in any way.
21. Cooperation With Law Enforcement
The Company, Website affiliates and all Website Content Providers
independently reserve the right to fully cooperate with any and all law
enforcement authorities and court orders requesting or directing
Company, Website Affiliates and/or Website Content Providers to disclose
the identity or other information regarding any person who is using or
has used the Website or has obtained any Content available through or in
association with Website. By accepting this Agreement and using the
Website, You waive and hold harmless Company, Website affiliates,
Website Content Providers and the operators of Website from any and all
claims resulting from any and all actions taken by any of the foregoing
during, or as a result of any law enforcement authority's
investigations.
22. Notices To Company Or User Notices from the Website to authorized Users may be given by means of electronic messages or by general posting on the Website Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at [email protected].
23. Entire Agreement
This Agreement in association with any and all agreement(s) You may have
or enter into in future with Company, Website Content Providers and/or
Website affiliates regarding Content provided to You at, in or through
the Website, or in association with services provided by the Company,
contains the entire agreement between You and the Company regarding Your
access to, and use of, the Website, Content, and all other materials
and services available in, at, through or in association with, the
Website, and all features and functionality directly and indirectly
related to the Website. 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 be
amended at any time by the Company by updating the online version of
this Agreement on the AdultSex.com� Website or at Blowjobz.com.
24. Dispute Resolutions; Choice Of Law; Arbitration; Venue And Jurisdiction
You agree that this Agreement and all disputes or controversies of any
kind arising under, or related to the materials, services, features or
functions available in, at, through or in association with, or in any
way relating to, the Website, any Content or services provided by any
Website Content Providers or affiliates and/or this Agreement, shall all
be governed by and construed under the laws of the State of California
and the United States, as applied to agreements between California state
residents entered into and to be performed within the State of
California, except as governed by Federal law. The application of the
United Nations Convention of Contracts for the International Sale of
Goods is expressly excluded.
24.1 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 California.
24.2 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 Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States. 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 the Company's sole discretion shall elect the dispute to be resolved by either (1) a municipal or superior court of competent jurisdiction in Los Angeles, California or (2) a panel of three (3) new arbitrators.
24.3 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 Los Angeles, California.
24.4 Jurisdiction. You and Company agree that in case of any litigation regarding this Agreement, the venue for such litigation shall be, depending on the subject matter of the dispute, either the Municipal Court of Los Angeles, California, the Superior Court of the County of Los Angeles or the United States District Court for the Central District of California, Western Division. You hereby consent and stipulate to the jurisdiction of the Courts of the State of California and the United States District Court, Central District of California, Western Division.
25. No Registration In "No Contact" Registries Or Related Actions
You hereby agree that You will not bring, and You will not allow any
third party, including any governmental agency, to bring, any action
against the Company, any company or person participating in any of the
Company's affiliate marketing programs, or any the aforementioned
parties' principals, employees or agents, that relates to or is a direct
or indirect consequence of Your registration of an email address or
other email contact point with any governmental "do not email" registry
(including without limitation, the registry regulated by the Utah Child
Protection Registry Act), or any similar registry, with respect to any
email address or contact point You have provided to the Company and/or
any of the companies or persons participating in any of the Company's
affiliate marketing programs after indicating that You have given the
Company and/or such participant(s) in the affiliate marketing program(s)
permission to send You email, unless You had previously properly
provided to the Company and such other affected parties a proper and
timely request not to send you email and/or remove you from the affected
party's(ies') email list. You agree to completely and fully indemnify
the Company and all participants in the Company's affiliate marketing
programs and all their principals, employees and agents (i) for any and
all expenses and damages, including any and all fines, penalties and
attorney's fees that arise from, or otherwise result from, any and all
such actions under any "do not email" registry law(s) brought by your or
any other party, and (ii) any other breaches of Your obligations set
forth in this subparagraph, including from all expenses and damages
resulting from any actions brought against the Company, any participants
in any of the Company's affiliate marketing programs, any of the
aforementioned parties' principals, employees or agents in any way
regarding any email that You have requested or authorized any of the
aforementioned parties to send You. You agree that because damages
resulting from any breach of this subparagraph will likely result in
damages to the Company and/or participants in its affiliate marketing
programs that are difficult to calculate, Company shall be entitled to
elect, at its sole discretion, as an additional remedy for each breach
of Your obligations set forth above, liquidated damages in the amount of
fifty thousand dollars ($50,000.00) for each such breach.
26. 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).
27. Non-Waiver
You acknowledge and agree that the failure of the Company or any the
Website Content Providers or affiliates, or any of either's assignees or
successors, to enforce any of the specific provisions of this Agreement
shall not comprise a waiver of, or preclude or prevent any later,
further or other enforcement of such provision(s), or any other
provision(s), or waive, preclude, prevent or diminish the exercise of
any other right hereunder.
28. Affirmation Of Agreement; Acknowledge You Have Read This Entire Agreement
By clicking on a link intended to signify Your agreement to this
Agreement, for example, by clicking the acceptance button, by continuing
to access the Website and/or any service or other functionality
available in, on, at or through the Website available at, in or through
the Website, or by obtaining Content from any Website Content Providers,
You agree that You are acknowledging and affirming that You have read
this entire Agreement and that You agree to all its terms, conditions,
warranties and other provisions. You further agree that Your
acknowledgment and agreement to the entirety of this Agreement is
reaffirmed by authorizing the use of Your credit card for payment of
membership and/or other charges for licensed access to Content available
in, at, through or in association with the Website, and each time You
access any part of the Website that is age restricted, membership
restricted or otherwise restricted for any reason.
29. No Authorization To Acquire Content Or Use Adults Only Parts Of The Website Without Full Agreement
You acknowledge and agree that unless You expressly agree with all the
terms of this Agreement, You will not be authorized to access the
Company's or the Company's agent's computers or servers to download or
otherwise use the Website, to acquire access to the "adults only"
portions of the Website, to use any services offered or otherwise
provided by or through the Website or to acquire any kind of Content
from the Company, any Website affiliates or any Website Content
Providers.
30. Mutually Drafted; Negotiation Option; Paragraph Headings
For purposes of construction and interpretation of this Agreement, both
You and the Company shall be deemed to have mutually drafted this
Agreement and all parts thereof. If You would like to negotiate other
terms or otherwise modify this Agreement before providing your assent
and agreement, please contact the Company at [email protected]. You
hereby acknowledge and agree that the services and goods provided via a
membership to the Website or in association therewith are of a type
readily available to You elsewhere, that this is not a contract of
adhesion and that as a material inducement for Company to provide a
license to You to use the Website You hereby agree that You shall not
make any claim or support any action on the claim that this Agreement
constitutes a contract of adhesion or is unconscionable in any way. This
is a legal contract. Like all legal contracts, You are advised to
procure appropriate legal advice before entering into this agreement.
You acknowledge and agree that Company did not require You to enter into
this Agreement without having sufficient time and opportunity to
consult with an attorney. You hereby further acknowledge that You have
either consulted with an attorney prior to agreeing to the provisions of
this Agreement or You expressly and knowingly have opted not to seek
legal counsel prior to your full agreement hereto. Paragraph and
subparagraph headings of this Agreement are inserted for convenience
only and shall not be deemed to constitute a part hereof nor to affect
the meaning thereof.