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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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