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LEGAL NOTICE: YOUR AGREEMENT TO
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT IS REQUIRED FOR YOU
TO BECOME A MEMBER OF, OR OTHERWISE ACCESS OR USE THE RESTRICTED
"MEMBERS ONLY" AREAS OF QUEENYLOVE.COM ("WEB SITE"). IF YOU
DO NOT AGREE TO THE TERMS AND CONDITIONS, SET FORTH BELOW, YOU WILL
NOT BE ACCEPTED AS A MEMBER AND YOU WILL NOT BE AUTHORIZED TO
ACCESS, VIEW, DOWNLOAD OR OTHERWISE USE ANY OF THE CONTENT OR OTHER
MATERIALS IN THE MEMBERS-ONLY PORTION 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, QUEENYLOVE.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 AND IN OUR
Privacy Policy
INCLUDING IMPORTANT LIMITATIONS REGARDING THE LOCATIONS FROM WHICH
YOU MAY ACCESS THE WEB SITE (SEE PARAGRAPH 5 "PROHIBITED AREAS").
THIS AGREEMENT CONTAINS THIRTY-THREE (33) TOPICAL PARAGRAPHS
(NUMBERED 1 THROUGH 33). 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 "ENTER" or "LOG IN" 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 QLV Media , hereinafter the "Company."
1.2. DEFINITIONS. As used in this Agreement,
1.2.1 The terms "Company," "Licensor," "We," "Us" and variants
thereof, shall interchangeably refer to the Company as licensor of
certain non-exclusive rights to You, the licensee, 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 "Member," "Subscriber," User," "You" and variants
thereof, shall d interchangeably refer to You, an individual, human
being (i.e., a non-commercial entity) seeking a limited license,
subject to the terms and conditions of this Agreement, to access the
restricted areas of 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 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 QueenyLove.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 LICENSE.
4.1 Limited Non-Exclusive License. In
consideration of the payment of membership fees, together with
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 all the privileges of Membership including access to the
Members-only Materials at the Web Site and limited, nonexclusive and
nontransferable license to use 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 during the period in
which You are a Member in good standing.
4.2 Extent of Access Determined by Type of Membership. The extent of
Your access rights to the Content, and other Materials accessible
through, the Web Site will be determined by the type of membership
You purchase.
4.3 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 notice to You or Members
generally by e-mail, posting at, or via hyperlink to, the Web Site,
or by mail. 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. 4.4 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 and only in accordance with the terms and conditions of
Your membership. 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:
4.4.1. permit other individuals to directly or indirectly use the
Materials;
4.4.2. 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);
4.4.3. make copies or create derivative works based on the Content
or other Materials, except as provided herein;
4.4.4. rent, lease, or transfer any rights in the Materials;
4.4.5. remove any proprietary or legally required notices or labels
on the Materials;
4.4.6. rebroadcast or otherwise transmit the Materials via the
Internet or any other means;
4.4.7. 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
4.4.8. make any other use of the Materials not expressly permitted
herein.
4.5 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
which the Company does not authorize such access, viewing,
downloading, receipt or other use.
4.6 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).
4.7 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 of the following areas constitute
PROHIBITED AREAS from which no part of the Web Site, or any age
restricted Content or other Materials available in, at, through, or
in association with, the Web Site, may be accessed, viewed,
downloaded or otherwise received:
5.1. Prohibited Access Areas In
The United States. 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: ARIZONA (PHOENIX / NORTHERN *85000-88599*) FLORIDA (MIAMI
*34000*, NORTHERN anything starting with
*320/321/323/326/327/328/344/346/347*) ILLINOIS (BELLEVILLE
*82220-82226*) INDIANA (INDIANAPOLIS *46201-46290*) KENTUCKY
(LOUISVILLE *40001-40299*, *42000-42400* & *42700-42799*) MISSOURI
(O'FALLON *63366*) NEBRASKA (OMAHA *68101-68164*) NEW YORK (BUFFALO
*14200-14299*) NORTH CAROLINA (*27500-27999*) OHIO (CINCINNATI
*45201-45275*) PENNSYLVANIA (*17000-17199*) SOUTH CAROLINA
(*28300-28599*) TENNESSEE (MEMPHIS *37500-37599* & *38101-38190*)
VIRGINIA (ALEXANDRIA *22300-22399*) PROHIBITED ACCESS AREAS IN THE
UNITED STATES [HYPERLINK TO LIST OF RESTRICTED ZIP CODES AND REMOVE
THIS INSTRUCTION] PLEASE CLICK ON THE HYPERLINK ABOVE TO ACCESS A
LIST OF ZIP CODES IDENTIFIED BY THEIR FIRST THREE DIGITS LISTING THE
PROHIBITED AREAS IN THE UNITED STATES FROM WHICH YOU ARE NOT
AUTHORIZED TO ACCESS OR USE WEB SITE OR WEB SITE MATERIALS.
IMPORTANT: EACH TIME YOU WISH TO ACCESS THE MEMBERS- ONLY AREAS OF
THE WEB SITE, PLEASE CHECK 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 RESTRICTED PARTS OF 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. TRIAL AND MONTHLY MEMBERSHIPS; FEES. By
accepting a trial membership to the Web Site or by accessing the
Content available in, at, through or in association with the
restricted parts of the Web Site, You authorize the charges set
forth below (and/or posted elsewhere in the Web Site in association
with the offer of trial membership) and You agree to the following
terms and conditions:
7.1. Length Of Trial Membership. Your trial
membership will entitle You full access of Web Site for ( ) DAYS
[insert number of days and delete this instruction and the
underlined blank spaces] starting on the first day You submit Your
trial membership application or Your Membership fee payment
information at our registration, payment or check out page.
7.2.
Non-Canceled Trial Membership Will Automatically Convert To A
RECURRING MONTHLY MEMBERSHIP. You agree that if You do not send the
Company notice of cancellation of Your trial membership at least ONE
(1) DAY prior to the expiration of Your trial membership term, the
Company shall automatically and without further notice:
7.2.1 convert Your trial membership to a standard RECURRING MONTHLY
MEMBERSHIP to the Web Site at the then current standard monthly
rate; and
7.2.2 renew Your RECURRING MONTHLY MEMBERSHIP to the Web Site for
successive periods of one month each at the then current standard
one-month RECURRING MONTHLY MEMBERSHIP rate.
7.3. All Membership Fees And Other Fees Subject to Change. All
Membership and other fees for services available in, at, through or
in association with Web Site, are subject to change at any time at
the sole and absolute discretion of the Company. The official
current standard one-month membership rates for the Web Site shall
be set forth at the following link:
CURRENT MEMBERSHIP RATES
7.4 Registration Information. To become a member and access the
restricted parts of the Web Site, You may be asked to provide
certain registration details or other information. It is a condition
of Your use of the Web Site that all the information You provide in,
on, through, or in association with, the Web Site will be correct,
current, and complete. If Company believes the information You
provide is not correct, current, or complete, the Company has the
right to refuse Your access to the Web Site or any of its features,
functions, Content or other Materials, and to terminate or suspend
such access at any time.
8. CANCELLATION.
8.1. CANCELING AUTOMATIC RENEWAL AT END OF TRIAL
PERIOD. TO CANCEL AUTOMATIC RENEWAL AT THE END OF ANY TRIAL
MEMBERSHIP PERIOD, YOU MUST NOTIFY THE COMPANY AT LEAST ONE (1) DAY
PRIOR TO THE END OF THE TRIAL MEMBERSHIP 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
https://support.ccbill.com/support.cgi
8.2. CANCELING AUTOMATIC RENEWAL OF RECURRING MONTHLY MEMBERSHIP. TO
CANCEL YOUR RECURRING 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
https://support.ccbill.com/support.cgi AT LEAST SEVEN (7)
DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP
TERM.
8.3. All Cancellations Effective Upon Receipt. All cancellations
received by the Company will be effective upon receipt.
8.4. No Refunds For Unused Portion Of Monthly Membership. You hereby
acknowledge and agree that if You cancel Your monthly membership, or
if Your membership is canceled 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 the Web
Site (e.g., 20 minutes after You sign up), You will still be charged
the full month's membership fee.
8.5. Company Reserves Right To Cancel Any Membership And Issue
Refunds. The Company may, at any time and at its sole discretion,
cancel any trial membership or any monthly membership; provided,
however, that if the Company cancels any trial membership prior to
its expiration, the Company shall provide a pro-rata refund for the
remaining portion of the canceled month's membership by automatic
credit.
9. 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 Membership, 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).
10.
PAYMENT PROCESSING AUTHORIZATION. You hereby authorize the Company
and the Company's Internet Payment Service Providers and other
authorized agents and assigns ("Authorized Processors") to charge
Your credit card to pay for Your trial membership fee, if any, and
all monthly membership fees, including RECURRING MONTHLY MEMBERSHIP
FEES to the Web Site at the then current standard monthly membership
rate. You further authorize the Authorized Processors to charge Your
credit card for any and all purchases of products, services and
entertainment available through, at, in or on, or provided by, the
Web Site. You agree to be personally liable for all charges incurred
by You during or through the use of Web Site. Your liability for
such charges shall continue after termination of Your membership.
10. 1 Only You May Enter Your Credit Card
Information Into Forms At Or, Associated With, The Web Site. You
acknowledge, agree and warrant that the name, account number,
expiration date, security code, if any, and all other information
relating to any credit card you use to pay for your Membership or
any other any service or products in, at, through or in association
with, the Web Site, was and, at all times, shall be entered by only
You at credit card data forms and data request prompts located in,
at or associated with, the Web Site.
11. 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.
12. PAYMENT AUTHORIZATION.
12.1. Generally. Payment for the services
provided to You in, at, through or in association with the Web Site
may be made by automatic credit card debit, debit card, online
checks, Short Message Signal ("SMS") billing, and other approved
payment means offered in, at, through or in association with, the
Web Site, and You hereby authorize Company and its agents to
transact such payments on Your behalf.
12.2 Authorization To Charge Your Credit Card. You hereby authorize
the Company, its assigns, successors and its billing agents,
including, its Internet Payment Service Providers, to charge Your
credit card to pay for Your Membership to the Web Site. You further
authorize the Company to charge Your credit card for any and all
purchases of products, services and other entertainment available
in, at, through, or in association with, the Web Site. You agree to
be personally liable for all charges incurred by You in association
with Your access or other use of any live shows or other Content
provided by the Company or any third party in association with the
Web Site. You acknowledge and agree that Your liability for all such
charges shall continue after termination of Your access or any type
of membership arrangement with the Company.
12. 3. Authorization To Charge Your Credit Card Or Other Selected
Payment Means For Automatic Renewals Of Your Monthly Recurring
Membership. Unless and until You notify the Company that You wish to
cancel or terminate Your Membership to Web Site, You hereby agree
and authorize Company, its assigns, successors, and designated
payment processing agents, including its Internet Payment Service
Processors, to automatically renew Your Membership to the Web Site
on a continuing monthly basis and to charge Your credit card (or
other payment means you have selected) to pay for the ongoing cost
of Your Membership. You hereby further authorize the Company, its
assigns, successors, and designated payment processing agents,
including its Internet Payment Service Processors, to charge Your
credit card (or other approved payment means you have selected) for
any and all purchases of products, services and entertainment
provided to in, at, through or in association with, the Web Site.
12.4. Obligation To Report Lost Or Stolen Credit Card. You further
agree that as a Member and User of the Web Site, You must promptly
inform Company of any and all the following: loss or theft of the
credit card, debit card or information theft associated with the
online checking account or other selected payment means used to pay
for Membership to the Web Site or other goods or services obtained
in, at, through, or in association with, the Web Site; 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 of unauthorized use of
an ID, access code or Password; and all other changes pertaining to
Your credit card, debit card, online checking or other payment
account used to pay for services or products in, at, through or in
association with, the Web Site, pursuant to this Agreement, or
otherwise, which may affect the Company's ability to expeditiously
obtain payments due to the Company. You agree that You will remain
liable for any unauthorized use of the Web Site and use of any
services or products obtained in, at, through or in association
with, the Web Site or Your Membership, until You have notified
Company's Customer Service by electronic mail at
webmaster@queenylove.com .
12.5. Fraudulent Reporting Of Unauthorized Credit Card Charge;
Liquidated Damages. You hereby agree that any fraudulent reporting
of a lost or stolen credit card used to obtain goods or services in,
at, through, or in association with, the Web Site, the Company or
any third party service provider or affiliate related thereto, or
any fraudulent reporting of an unauthorized charge to Web Site 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 the Web Site or a related third party
remains outstanding at the time of such fraudulent reporting, shall
cause You to be liable to the Company for liquidated damages of
$25,000.00 for each instance of such fraudulent activity. 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 or warranties set forth in this
Agreement, or for any infringements of the Company's or any other
person's or entity's intellectual property rights or the
infringement of any other rights or violations of any laws.
12.6. 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 or Your Membership 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's
Customer Service Representative by electronic mail at the address
listed at
http://www.queenylove.com/guests/contact.php
13. DISPUTING CHARGES. TO DISPUTE OR CANCEL ANY ERRONEOUS CHARGE,
YOU MUST CONTACT 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.queenylove.com/guests/contact.php
14. NOTICES TO COMPANY OR MEMBERS. Notices
from the Web Site to You may be given by means of electronic
messages, by general posting on the Web Site, 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. All notices to the company shall be sent by
electronic mail, or by conventional mail, to the addresses listed at
http://www.queenylove.com/guests/contact.php
15. TERMINATION OF MEMBERSHIP. Subject to the
cancellation policy and procedures set forth in this Agreement,
either the Company or You may terminate Your Membership at any time
without cause. Your liability for all charges incurred during Your
Membership term shall continue after Termination of Your Membership
for any reason.
16. YOU MAY NOT TRANSFER OR ASSIGN YOUR MEMBERSHIP,
ACCESS RIGHTS OR OTHER PRIVILEGES. You shall not, under any
circumstances, have the right to transfer or assign Your membership,
rights of access to the Web Site or any Content or other Materials
available in, at, through or in association with, the Web Site, or
any other rights or privileges granted to You by the Company, or any
other party in association with the Web Site, to any other person or
entity, and that any attempted transfer or assignment of any such
rights shall be void.
17. PASSWORD SECURITY. Access to and use of
"members-only" or otherwise restricted areas of the Web Site is
through the use of a password. Any passwords used for the Web Site
are for individual use only. You will be responsible for the
security of Your password. Each Member must keep his or her password
strictly confidential, and You hereby agree to do so. The Company
will be entitled to monitor Your password and, at its discretion,
require You to change it. If You use a password that the Company
considers insecure, the Company will be entitled to require the
password to be changed and/or terminate Your account. You agree that
if You share Your unique Login name, Your Password or any other
online security information with another individual, that Your
access to the Web Site is subject to immediate termination without
notice or reimbursement of any kind. Any sharing of passwords or any
other methods of unauthorized access to the Web Site with any other
person is strictly forbidden. Any such password sharing or other
unauthorized activity exceeds the authority granted to You to access
the restricted areas of the Web Site, restricted Content and other
Materials or restricted services offered in, at, through, or in
association with, the Web Site. You are prohibited from using any
services or facilities provided in connection with the Web Site to
compromise security or tamper with system resources and/or accounts.
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, 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.
18. AUTHORIZATION AND PERMISSION TO SEND E-MAILS TO 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 Company
and/or its authorized agents, assigns, representatives, advertisers,
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 Company is under no 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 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, in which case, You acknowledge and agree that
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. 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
Click Here
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 or sending an e-mail
cancellation request to
webmaster@queenylove.com
18.2 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.
19. Restrictions On Use.
19.1. 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.
19.2. 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 You a Membership in, or otherwise
allowing You access to, the Web Site.
19.3. 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.
19.4. Restrictions on Members' 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 other Members or 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 shall constitute a material breach of this
Agreement entitling the Company to immediately terminate all Your
rights to access the Web Site and related Content, Materials,
features and functions, without notice or reimbursement.
19.4.1 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:
19.4.1.1. You do not have the right to post, including proprietary
material of any third party;
19.4.1.2. advocates illegal activity or discusses an intent to
commit an illegal act;
19.4.1.3. is vulgar, obscene, pornographic, or indecent;
19.4.1.4. does not pertain directly to the Web Site;
19.4.1.5. threatens or abuses others, libels, defames, invades
privacy, stalks, is obscene, pornographic, racist, abusive,
harassing, threatening or offensive;
19.4.1.6. seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable details or
otherwise;
19.4.1.7. infringes any intellectual property or other right of any
entity or person, including violating anyone's copyrights or
trademarks or their rights of publicity;
19.4.1.8. violates any law or may be considered to violate any law;
19.4.1.9. impersonates or misrepresents Your connection to any other
entity or person or otherwise manipulates headers or identifiers to
disguise the origin of the content;
19.4.1.10. 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;
19.4.1.11. solicits funds, advertisers or sponsors;
19.4.1.12. 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;
19.4.1.13. 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;
19.4.1.14. includes MP3 format files;
19.4.1.15. amounts to a 'pyramid' or similar scheme;
19.4.1.16. 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
19.4.1.17. contains hyper-links to other sites that contain content
that falls within the descriptions set forth above.
19.4.2. 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.
20. 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.
21. NO SCREENING
OF THIRD PARTY CONTENT OR COMMUNICATIONS; LIMITATION OF LIABILITY.
21. 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.
21.2. 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.
21.3. 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.
21.4 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.
22. 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.
23. DISCLAIMERS; NO
WARRANTIES; YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
23. 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.
23.2. 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.
23. 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.
23.4. 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.
24. 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 LESSER
AMOUNT OF (1) THE MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE
MEMBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR
PAID TRIAL PERIOD, OR (2) 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.
25. 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 Web Site
were over the age of eighteen years at the time of the creation of
such depictions. All other sexually explicit visual depictions of
displayed on this Web Site, while exempt from the provision of 18
U.S.C. 2257 and 28 C.F.R. 75 because said visual depictions are of
merely simulated sexual activity, are, nevertheless, of persons who
were at least eighteen (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 Web Site as
identified in the
2257
on the Web Site.
26. 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 Member
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.
27. NOTICES TO COMPANY OR
MEMBERS. Notices from the Company to You may be given by means of
electronic messages, by general posting on the Web Site, 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.
27.1 ALL NOTICES TO THE COMPANY SHALL BE SENT
BY ELECTRONIC MAIL TO:
webmaster@queenylove.com .
28. ENTIRE AGREEMENT. This Agreement contains the entire agreement
between You, the Licensee, 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.
29. 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 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.
29.1 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.
29.2 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 its 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.
29.3 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.
29.4 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 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.
30. 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).
31. ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT. 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 Web Site, payment processing pertaining to Your
membership or other payments due Company, any and all obligations
and benefits set forth in this Agreement and/or any and all
information collected pursuant to our
Privacy Policy
to one or more affiliated and/or non-affiliated companies, agents,
contractors, assigns and successors. Your further agree that the
Company, may at any time at its sole discretion and without prior
notice to You, transfer or assign any obligation to provide any
feature, function, Content, Material, benefit, or other services to
You to one or more affiliated and/or non-affiliated companies,
agents, contractors, assigns and successors.
32. 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.
33. 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. You 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 charges and fees for Your Membership to the Web Site and for any
other charges which You may incur for products and/or services
ordered at, in, through or in association with the Web Site, and
each time You access any restricted part of the Web Site.
33 .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.
33 .2 User attachments and file uploads. You agree that any files
that you upload onto the server do not violate any copyrights or
contain/show any illegal content. Violations will result in
subscription termination and in some cases will be reported to
authorities. You are responsible for all material uploaded by you.
The company is in now way responsible for any rights violations
caused by useruploads and attachments.
33 .3 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 AND OUR
Privacy Policy
YOU MUST LEAVE THE SITE IMMEDIATELY. UNLESS YOU UNDERSTAND AND
EXPRESSLY AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND OUR
Privacy Policy,
YOU WILL NOT BE AUTHORIZED TO USE ANY SERVICES OFFERED OR OTHERWISE
PROVIDED BY OR THROUGH THE SITE.
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