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Terms of Sale /
Refund Policy /
Privacy Policy
Privacy Policy - Elegant Angel values your privacy and will not sell
or share your email address or personal information. We do not collect or store
any of your personal information. Our e-newsletter is a double opt-in
subscription list. You may unsubscribe at any time, there is a convenient
unsubscribe link located at the bottom of our monthly newsletter.
Terms of Sale - Elegant Angel will ship your order discreetly and
promptly. We can usually package and ship your order same day. We offer standard
ground shipping via UPS as well as Express and Next Day Air for an additional
charge. All transactions for product purchases are processed by an independent,
third party, MyVirtualCard.com. If you have any questions regarding your
transaction feel free to contact us or MyVirtualCard.com
Payment Support www.pisosupport.com support@pisosupport.com
EZPayment Ltd. 7 Petworth Rd. Haslemere Surrey, UK GU27 2JB
Refund Policy - We will promptly exchange defective merchandise.
Simply return the item for exchange with the original packaging and include your
customer ID or order reference number (included on your original receipt). All
requests for exchange must be made within 30 days of the original order date.
Elegant Angel will ship the replacement product at no extra charge. Please note:
customer is responsible for shipping of returned merchandise to Elegant Angel.
Elegant Angel, Inc. Attn: Return 8015 Deering Ave. Canoga Park,
CA 91304
TERMS AND CONDITIONS OF ACCESS AND USE OF ELEGANTANGEL.COM
LEGAL
NOTICE: YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT IS REQUIRED FOR YOU TO ACCESS OR USE ELEGANTANGEL.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.
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, ELEGANT ANGEL, INC. (“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 “I
ACCEPT” 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 ELEGANT ANGEL, INC.,
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 term “User,” “You” and variants
thereof, shall 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
elegantangel.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 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 2 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,
TELEPHONE OR U.S. MAIL AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR
MAILING ADDRESS AS PROVIDED AT Contact
Us
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 Contact Us 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, 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 webmaster@elegantangel.com or by conventional mail at
8015 Deering Avenue, Canoga Park, CA, 91304.
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 webmaster@elegantangel.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 webmaster@elegantangel.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 Contact Us
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: webmaster@elegantangel.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 webmaster@elegantangel.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: webmaster@elegantangel.com or by conventional mail
to: 8015 Deering Avenue, Canoga Park, CA, 91304
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
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