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TERMS AND CONDITIONS OF ACCESS AND USE OF BURNINGANGELENTERTAINMENT.COM |
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LEGAL NOTICE:
YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT IS
REQUIRED FOR YOU TO ACCESS OR USE BURNINGANGEL.COM, AN AGE- RESTRICTED
WEB SITE (“WEB SITE”). IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS,
SET FORTH BELOW, YOU WILL NOT BE AUTHORIZED NOR HAVE PERMISSION TO
ACCESS DATA ON OUR SERVERS AND WILL NOT BE AUTHORIZED TO ACCESS, VIEW,
DOWNLOAD OR OTHERWISE USE ANY OF THE CONTENT OR OTHER MATERIALS ON, OR
ASSOCIATED WITH, THE WEB SITE. |
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 representations, warranties, acknowledgments, and
other agreements made by You, as set forth in this Agreement, and
subject to the terms and conditions set forth in this Agreement, the
Company hereby grants You access to the Web Site solely for Your
private personal entertainment, educational and non-commercial use, as
provided by the Company.
4.2 Extent of Access
Determined by Type of Membership.
If the Web Site offers a Membership option, 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
these terms and conditions and other restrictions posted on the Web
Site. 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:
PROHIBITED ACCESS AREAS IN THE UNITED STATES
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 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 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. Should the Company offer a trial
membership to a member restricted area of the Web Site, by accepting a
such 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 30 DAYS 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, AT THE THEN
CURRENT E-MAIL ADDRESS, AS PROVIDED AT http://www.burningangelentertainment.com/contact.php
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, AT THE THEN CURRENT E-MAIL ADDRESS AS
PROVIDED AT http://www.burningangelentertainment.com/contact.php 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. 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,
if Memberships are offered by the Company, 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, if any, 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
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 customerservice@burningangel.com or by conventional mail at PO box 111014
Brooklyn, NY, 11211.
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 or conventional mail at the
address listed at customerservice@burningangel.com
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 customerservice@burningangel.com.
14. NOTICES TO
COMPANY, USERS 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.burningangelentertainment.com/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 email: customerservice@burningangel.com.
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 customerservice@burningangel.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) cobrand 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, “cobranding” 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 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, IF ANY, 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 notice 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 OR CONVENTIONAL MAIL TO: customerservice@burningangel.com
or by conventional mail to: PO box 111014 Brooklyn, NY, 11211.
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 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.
33.3.
E-Sign Act. You hereby agree that this electronic agreement shall be
governed by the Electronic Signatures in Global and National Commerce
Act, 15 U.S.C. §7000, et seq. (“E-Sign
Act”). Your consent pursuant to
the Electronic Signature Act. The E-Sign Act shall only apply to
subject matter set forth herein and elsewhere on the Web Site where
your online agreement of affirmation is required.
I
AGREE AND ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THIS
AGREEMENT - I AM AN ADULT AND I WANT TO ACCESS THE RESTRICTED PARTS OF
THE WEB SITE.
I DON T AGREE I DO NOT WANT TO ACCESS THE
RESTRICTED PARTS OF THE WEB SITE