TERMS AND CONDITIONS
OF MEMBERSHIP
LEGAL NOTICE: YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF
THIS MEMBERSHIP AGREEMENT IS REQUIRED FOR YOU TO BECOME A MEMBER
OF THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
YOU WILL NOT BE ACCEPTED AS A MEMBER AND YOU WILL NOT BE PERMITTED
TO ACCESS OR VIEW THE CONTENT IN THE MEMBERS-ONLY PORTION OF
THE WEBSITE.
PLEASE READ ALL THE PROVISIONS OF THIS MEMBERSHIP AGREEMENT
CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY
CLICKING THE “I ACCEPT” BUTTON AT THE END OF THESE
TERMS AND CONDITIONS WILL CONSTITUTE YOUR ACKNOWLEDGEMENT THAT
THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE
AGREEMENT BETWEEN YOU AND THE WEBSITE.
1. PARTIES TO THIS
AGREEMENT AND CONSIDERATION. The parties to this Membership
Agreement (the “Agreement”) for CRYSTALKLEIN.COM
(the “Website”) are You, the Member, and Video Bliss,
Inc. (the "Company"). As used in this Agreement, the
terms "we," and "us" are used interchangeably
to refer to the Company and the Website; the term "You"
and "Your" is used to refer to You, the Member and
Subscriber.
1.1 Subject to Your
acceptance of the terms and conditions set forth in this Agreement
(as evidenced by your submission of an application for membership)
and the payment of all required membership fees, the Company
agrees to provide to You all the privileges of Membership including
access to the Members-only materials at the Website which are
available to a Member in good standing.
1.2 The extent of
Your access rights to the contents of the Website will be determined
by the membership plan that You purchase.
1.3 You agree that
this Agreement is subject to change by the Company at any time
and changes shall become effective upon notice to Members by
e-mail, posting at or via hyperlink to the Website, or by mail.
You may not alter, delete, add or change or edit any of these
terms and conditions, and any such attempted alteration shall
be void and of no effect.
1.4 You agree Any
action on Your part to Bookmark to a page on this Website whereby
the Warning Page, the Age Verification Page, and/or the Terms
and Conditions of Membership Page is bypassed shall constitute
an implicit acceptance by You of all the Terms and Conditions
set forth herein as well as an explicit acknowledgement by You
of the fact that You are an adult and at least 18 years of age
or of the age of majority under the laws of Your state, province
or country.
2. SEXUALLY EXPLICIT
MATERIAL. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY
TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES
AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE
ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR
REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS
UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES
WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY
OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITE
OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT
OR IN THE WEBSITE.
2.1 YOU HEREBY ACKNOWLEDGE
AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS
PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE 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. AGE OF MAJORITY.
NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTYONE (21)
IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF
MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF
THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED
AT, IN OR THROUGH THE WEBSITE.
3.1 YOU HEREBY FURTHER
AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN
(18) YEARS (TWENTYONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS
IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING
INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
4. GRANT OF LIMITED
LICENSE WITH RESERVATIONS. In consideration of the payment of
membership fees, together with certain representations and agreements
made by You under the terms and conditions of this Agreement,
and subject to the terms and conditions set forth in this Agreement,
the Company hereby grants You a limited, nonexclusive and nontransferable
license to use the materials contained in, or made available
through this Website (hereafter “Materials”) solely
for Your private personal non-commercial use, as provided by
the Company during the period in which You are a Member in good
standing.
4.1 You acknowledge
and agree that all Materials contained at the Website are proprietary
and constitute valuable intellectual property owned by the Company
or others who have licensed use of such Materials to the Company.
You acknowledge and agree that as such You may access, view,
download, receive and otherwise use the Materials available
at the Website only as specifically authorized by the Company
and in accordance with the terms and conditions of Your membership,
only on one computer at a time and, if downloadable copies of
the Materials are made available to You by the Website, 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 not to do any of these prohibited
acts:
(a) permitting other individuals to directly or indirectly use
the Materials;
(b) modifying, translating, reverse engineering, decompiling,
disassembling the Materials (except to the extent applicable
laws specifically prohibit such restriction);
(c) making copies or creating derivative works based on the
Materials, except as provided herein;
(d) renting, leasing, or transferring any rights in the Materials;
(e) removing any proprietary notices or labels on the Materials;
and,
(f) making any other use of the Materials not expressly permitted
herein.
4.2 You further
represent and warrant to the Company that your agreement to
these terms and conditions constitutes an agreement that You
shall not access, or attempt to access, any Materials available
at the Website in a manner not expressly authorized by the Company.
You agree and warrant that You shall at no time access, view,
download, receive or otherwise use, or cause or enable others
to access, view, download, receive or otherwise use Materials,
directly or indirectly in places which the Company does not
authorize such access, viewing, downloading, receipt or other
use.
4.3 You hereby acknowledge
that you understand that the Company (and all persons affiliated
therewith) does not authorize the accessing, viewing, downloading,
duplication, receiving, transmission, broadcasting or other
use of the Materials contained on the Website to or by any person,
INCLUDING YOU, who is located in any of the areas designated
as PROHIBITED AREAS.
4.4 You further
acknowledge that you understand and agree that any and all unauthorized
access, viewing, downloading, receipt, duplication or other
use of Materials from the Website, in which You are directly
or indirectly involved, including, but not limited to accessing,
viewing, downloading, receiving or other use of Materials in
PROHIBITED AREAS in any manner shall constitute intentional
infringement(s) of the Company's and potentially others' intellectual
property rights and other rights in such Materials and shall
further constitute a violation of Company's trademark and other
rights, including, but not limited to, rights of privacy.
5. PROHIBITED AREAS.
All of the following areas constitute PROHIBITED AREAS from
which no part of the Website may be accessed, viewed, downloaded
or otherwise received:
5.1 All parts of
the following countries: Afghanistan, Germany, Kuwait, Iran,
Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China,
Singapore, Saudi Arabia, Syria, The United Arab Emirates; and
5.2 All parts of
every other geophysical place corresponding to a political entity
or part thereof in which the access, viewing, downloading, dissemination
of, or other use of the materials contained in the Website 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 downloading or other duplication of Materials from
the Website by You alone, or with, or under the authority of,
any other person(s), including, without limitation, any governmental
agency(ies), wherein such damages include, without limitation,
all direct and consequential damages directly or indirectly
resulting from unauthorized downloading of Materials from the
Website, including attorney’s fees.
7. TRIAL AND MONTHLY
MEMBERSHIPS; FEES; CANCELLATION.
During times when trial memberships are offered, you agree to
accept the trial membership to Website and by accessing the
content of Website you authorize the charges set forth below
and agree to the following terms and conditions:
7.1 Your trial membership
will entitle you full access of Website for the number of DAYS
starting on the day you submit your trial membership application
to Website.
7.2 You agree that
if you do not send the Company notice of cancellation of your
trial membership at least ONE DAY from the expiration of your
trial membership term, the company shall automatically and without
further notice:
i) convert your trial
membership to a standard RECURRING MONTHLY SUBSCRIPTION to Website
at the standard one month membership rate;
ii) renew your monthly membership to Website for successive
periods of one month each at the then current standard one-month
membership rate.
7.3 Subscription
and Membership fees to Website are subject to change at any
time at the sole and absolute discretion of Company. The official
standard one-month membership rates for the Website shall be
set forth at the respective “join” pages of the
site.
7.4 TO CANCEL AUTOMATIC
RENEWAL AT THE END OF THE PAID TRIAL MEMBERSHIP PERIOD, YOU
MUST NOTIFY THE COMPANY AT LEAST ONE DAY PRIOR TO THE END OF
THE PAID TRIAL PERIOD, BY CONTACTING THE COMPANY BY E-MAIL,
TELEPHONE OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS,
TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT http://www.crystalklein.com/members/help.html
7.5 TO CANCEL YOUR
MONTHLY MEMBERSHIP YOU MUST NOTIFY THE COMPANY OF YOUR CANCELLATION
BY E-MAIL, TELEPHONE, OR U.S. MAIL (AT THE THEN CURRENT E-MAIL
ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT
http://www.crystalklein.com/members/help.html.
AT LEAST 7 DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT
MEMBERSHIP TERM.
7.6 All cancellations
received by the Company will be effective upon receipt.
7.7 You hereby acknowledge
and agree that if You cancel Your monthly membership, or if
Your membership is cancelled by the Company, Your username and
password will be removed from the system at the end of the then
current monthly membership period and that You will be entitled
to receive the full benefits of Your monthly membership until
the end of such period. You shall not be entitled to any pro-rated
or partial refund if You cancel Your monthly membership before
the end of the then current monthly membership period. You agree
that if you cancel at any time after purchasing a monthly membership
to Website (e.g., 20 minutes after you sign up), You will still
be charged the full month’s membership fee.
7.8 The Company may,
at any time and at its sole discretion, cancel any paid trial
membership or monthly membership; provided, however, that if
the Company cancels any paid trial membership prior to its expiration,
the Company shall provide a pro-rata refund for the unexpired
period of the cancelled month’s membership by automatic
credit.
7.9 You hereby authorize
the Company to charge Your credit card (which You hereby acknowledge
was entered by You into the sign-up page) to pay for Your trial
membership fee and all monthly membership fees to Website at
the then current standard monthly membership rate. You further
authorize the Company to charge Your credit card for any and
all purchases of products, services and entertainment available
through, at, in or on, or provided by, Website You agree to
be personally liable for all charges incurred by You during
or through the use of Website. Your liability for such charges
shall continue after termination of Your membership.
8. TRANSFER OR ASSIGNMENT
OF MEMBERSHIP. You agree that as a Member of the Website you
shall not, under any circumstances, have the right to transfer
or assign your membership to any other person or entity, and
that any attempted transfer or assignment of a membership shall
be void.
8.1. Your further
agree that the Company, may at any time at its sole discretion
and without prior notice to you, transfer or assign Your membership
in the Website to an affiliated or non-affiliated Company.
9. PAYMENT AUTHORIZATION/
NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF CARD. Payment
for the services provided to You at, and/or through Website
may be made by automatic credit card debit or via online checks
and You hereby authorize Company and its agents to transact
such payments on Your behalf.
9.1 Unless and until
you notify Company that you wish to cancel or terminated your
Membership to Website, You hereby agree and authorize Company
or its designated agent or assignee to automatically renew your
Membership to Website on a continuing monthly basis and to charge
Your credit card (or other approved facility) to pay for the
ongoing cost of your Membership. You hereby further authorize
Company or its designated agent or assignee to charge Your credit
card (or other approved facility) for any and all purchases
of products, services and entertainment provided to You by or
though Website.
9.2 You further agree
that as a Member and User of the Website, You must promptly
inform Company of any and all the following: loss or theft of
the credit card used to pay for Membership to Website or other
goods or services obtained in, at or through Website; changes
in the expiration date of the credit card; changes in home or
billing address; apparent breaches of security regarding Your
Membership, such as loss, theft, unauthorized disclosure or
use of an ID or password; and all other changes pertaining to
Your credit card account used to pay for services pursuant to
this Agreement which may affect Company's ability to expeditiously
obtain payments due to Company. You agree that You will remain
liable for any unauthorized use of Website or any of its services
associated with your Membership, until You have notified Company’s
Customer Service by electronic mail at ckbill@dhdmedia.com or
by conventional mail at 578 Washington Blvd. #445 Marina Del
Rey, CA 90292.
9.3 You hereby agree
that any fraudulent reporting of a lost or stolen credit card
used to obtain goods or services from Website or any fraudulent
reporting of an unauthorized charge to Website on Your credit
card which has been made by You or anyone under Your authority,
at a time when a charge or other obligation for payment for
goods and/or services to Website remains outstanding at the
time of such fraudulent reporting, You shall be liable to the
Company for liquidated damages of $25,000.00. The liability
for liquidated damages specified in this Paragraph shall not
limit any other liability You may have for breach(es) of any
other terms, conditions, promises and warranties set forth in
this Agreement.
9.4 You further
acknowledge and agree that You will remain liable to the Company
for any unauthorized use of the Website associated with Your
Membership.
10. TERMINATION OF
MEMBERSHIP. Either Company or Member may terminate at any time,
and without cause, membership to the Website, subject to the
cancellation policy and procedures set forth in this Agreement.
Your liability for all charges incurred during Your Membership
term shall continue after termination, for any reason, of Your
membership.
11. PASSWORD SECURITY.
Members are responsible for providing all personal computer
and communications equipment necessary to gain access to the
Website. Access to and use of the Website is through the use
of a password. Each Member must keep his password strictly confidential
and You agree that if You share Your unique Login name and/or
Your Password with another individual that Your access to the
Website is subject to immediate termination without notice or
reimbursement of any kind.
12. NO WARRANTIES;
LIMITATIONS ON COMPANY’S LIABILITY. YOU HEREBY AGREE THAT
THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY,
ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES
OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY,
ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES,
AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS
SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE MATERIAL, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE
EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE
PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE
TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY,
ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY
AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY,
SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL
THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS,
OR OTHER MEMBERS OR USERS OF THE WEBSITE, OR THEIR SUPPLIERS,
LICENSEES, OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE
OF MATERIALS OR OTHER USE OF THE WEBSITE.
12.1 ANY LIABILITY
OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED
TO THE AMOUNT OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE
MEMBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD
OR PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING,
FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING
ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT
OR THROUGH THE WEBSITE.
13. NO SCREENING
OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
13.1 You acknowledge
that You understand that the Company does not screen or endorse
the content of any advertisements or communications submitted
to or posted on the Website by third-party licensees, advertisers,
Users of the Website or other persons, nor does the Company
exercise any editorial control, prior screening or supervision
over such content. Users are therefore advised to use their
own judgment to evaluate all advertisements and other communications
available at or through the use of the Website prior to purchasing
goods and/or services described at the Website or otherwise
relying on or responding to any communication or information
posted on, or accessed through the use of the Website.
13.2 Links To Third-Party
Sites. You might access some of the content of the Website via
hyperlinks that will connect You to third parties, or to third-party
websites that may provide content to the Website. Those linked
websites are not under the control of Company and Company has
no editorial control or supervision over selection or display
of the content provided by those third parties or those third-party
websites. Company is providing You links to those third-party
websites only as a convenience, and the inclusion of any link
on Company's Website does not imply endorsement by Company of
any other website or the content of any such website. The owners
and operators of all third-party websites are solely responsible
and liable for the content they provide to You.
13.3 You further
acknowledge that You understand that the Company does not control
the content of any information, messages, communication, personal
data, photographs, video or audio content, or any other material
posted or uploaded by Users of the Website (collectively, "
User Originated Content"), and that You release the Company
and its agents, officers, directors and employees, from any
and all liability and responsibility, directly and indirectly,
in connection with the content of any information, messages,
communication or other User Originated Content You may receive
from other Users of the Website.
13.4 Company claims
immunity from liability to the fullest extent under the law
and as provided under the Communications Decency Act for User
Originated Content provided by third parties and members and
nothing in this Agreement is intended to waive, remove, or usurp
such immunity. You understand and agree that Company reserves
the right, in its sole and exclusive discretion, to delete any
content, messages, photos, profiles or other information posted
on the Website by any User or any other person that in the sole
judgment Company violates these Terms and Conditions or which
might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of Company and/or its members.
14. RESTRICTIONS
ON MEMBERS’ COMMUNICATIONS; MEMBER LIABILITY. If the Company
should, at any time, provide any service which enables Users
or other persons to communicate with or otherwise share information
with other Users or persons providing any kind of service to
Users, or post information at, in or on the Website, You agree
not to post, submit, publish, display, disseminate, or otherwise
communicate any defamatory, obscene, pornographic, profane,
inaccurate, abusive, threatening, offensive, or illegal material,
or any material which would violate or infringe the copyright,
trademark, rights of publicity, privacy rights or other rights
of any person or entity. You further acknowledge and understand
that transmission or publication of such User Originated Content,
or any other material that violates any federal, state, or local
law in the United States or anywhere else in the world, is strictly
prohibited by Company and that Your transmission or publication
of such User Originated Content or material shall constitute
a material breach of this Agreement entitling the Company to
immediately terminate Your right to access or use the Website
without notice.
14.1. You acknowledge
and agree that You, and not the Company, shall be solely responsible
and liable for all damages, liability or other consequences,
foreseen or unforeseen, of all User Originated Content which
You submit, publish, display, disseminate or otherwise communicate
through the Website even if a claim for damages or liability
should arise after termination of service.
15. 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 of the Website shall be deemed
to be readily accessible to the general public and consequently
should not be considered private or confidential. Notice is
hereby given that all messages entered into this Website can
and may be read by the operators of the Site, whether or not
they are the intended recipient(s).
16. TRADEMARK AND
SERVICE MARK. The name of this website 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.
17. CUSTODIAN OF
RECORDS. All models, actors, actresses and other persons that
appear in any visual depiction of actual sexual conduct appearing
or otherwise contained in Website were over the age of eighteen
years at the time of the creation of such depictions. All other
visual depictions displayed on this Website are exempt from
the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because any
of said visual depictions which appear to be of sexually explicit
conduct are merely simulated. With respect to all visual depictions
displayed on this Website, whether of actual sexual conduct,
simulated sexual content or otherwise, all persons in said visual
depictions were at least 18 years of age when said visual depictions
were created. The records required pursuant to 18 U.S.C. 2257
and 28 C.F.R. 75 are kept by the Custodian of Records for Website
as identified in the 2257 Notice on the Website.
18. AUTHORIZATION
AND PERMISSION TO SEND SEXUALLY-ORIENTED COMMERCIAL EMAILS TO
YOU. You hereby authorize and permit notices, advertisements,
E-mail and other communications to be sent to You from Company
or its authorized agents, assigns, representatives, advertisers
and contractors by means of e-mail, including without limitation
e-mails, advertisements, notices and other communications containing
explicit sexual content and language and images of nudity or
explicit sexual conduct. Moreover, You agree that Your authorization
and permission to Company to send You such materials and communications
shall continue to be in effect unless and until You notify Company
that You wish to be deleted from Company’s email list.
18.1 OPT-OUT AND
CANCELLATION PROVISIONS. At any time, You may opt out of future
e-mailings and cancel Your receipt of future sexually-oriented
e-mailing from the Company by clicking the unsubscribe link
at the bottom of each e-mail.
19. NOTICES TO COMPANY
OR MEMBERS. Notices from the Website to Members may be given
by means of electronic messages, by general posting on the Website,
or by conventional mail. Communications from You to the Company
may be made by electronic messages or conventional mail, unless
otherwise specified in the Agreement.
19.1 All notices
to the company shall be sent by electronic mail to ckbill@dhdmedia.com
or by convention mail to: 578 Washington Blvd. #445 Marina Del
Rey, CA 90292
20. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the Member
and Company regarding Members' use of the Website, and all materials
directly and indirectly related thereto. This Agreement supersedes
all prior written and oral understandings, writings, and representations
and may only be amended upon notice by Company.
21. VENUE AND JURISDICTION,
CHOICE OF LAW, ARBITRATION. This Agreement shall 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.
21.1 Any and all
disputes as to the interpretation of or any performance under
these Terms and Conditions 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.
22. UNENFORCEABILITY
OF PROVISIONS. If any provision of this Agreement is held to
be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable.
23. AFFIRMATION OF
AGREEMENT. By joining this website, you hereby acknowledge and
affirm that you have read this entire agreement and that you
AGREE to all its terms and conditions by and by authorizing
the use of your credit card for payment of charges and fees
for you maintaining a membership to the Website and for any
other charges which you may incur for goods or services ordered
at or in association with the Website!