Created: April 16, 2015
Last Updated: April 16, 2015
Foshan Ltd., a Republic of Seychelles company-the operator of cumswapguys.com-and Protranstech BV DBA NetPass/Protranstech, a Netherlands Besloten vennootschap (private limited liability company)-the billing service provider for cumswapguys.com-welcomeyou to the Website, an adult entertainment website.It is important to us that you have the best possible experience while using the Website, and that, when you use this Website, you understand your legal rights and duties. This terms-of-use agreement between you and us explains your legal rights and duties and governs your use of the Website and the services we offer to you through the Website. These terms apply (1) to the entire contents of this Website; (2) to any associated websites that we operate or that we grant you access to as part of any membership you purchase;(3) to any social media accounts operated by us (including Twitter and Instagram); and (4) to any email correspondence between you and us.
Important Notice: Please read these terms carefully before using the Website because they create a legally binding agreement between you and us. We ask that you pay special attention to the following sections because they affect your legal rights: (1) disclaimer of warranties (section 14); (2) disclaimer of liability and limitation of damages (sections 15 and 16); (3) limited time to bring claims (section 20); (4) exclusive forum for resolving disputes (section 22.1); (5) mandatory arbitration (section 23.4);and (5) waiver of class action rights (section 24).
Minors prohibited. This Website contains pornographic content and is not intended for minors. Only adults who are at least 18-years old and who have reached the age of majority in their community may access this Website. We forbid all persons who do not meet these age requirements from accessing this Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products provided for informational purposes only and not endorsed by us: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
1.2 We may change these terms on one or more occasions by updating this webpage.The top of the terms will tell you when we last updated them. Changes will take effect on the "last updated" dateidentified at the top of the terms. Changes will not operate retroactively. We will try to notify you when we change these terms if we can do so in a commercially reasonable manner. But you should periodically check this webpage to make sure that you are operating under the most current version of the terms. We will consider your continued use of the Website afterwe post the changes as your acceptance of the changes even if you do not read them. If you do not accept the changes, please stop accessing the Website. If you are a member, you may cancel your membership here(if you signed up through a specific payment processor like Epoch or SegPay, you may have to cancel your membership through that payment processor's website).
1.3 On one or more occasions, we may offer specialty content subject to additional terms and a separate fee. You do not have to buy access to this specialty content. If you choose to buy access to it, you will have an opportunity to review and accept any additional terms specific to the specialty content before you complete your purchase.
2.1 The Website offers online entertainment services that arepornographic in nature,including content that contains graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. We provide members with full access to the Website and its content. Non-members have limited access to the Website to review the content we offer, which may include the ability to browse our content or view trailers.
2.2 This Website contains pornographic content suitable for adults who have reached the age of majority in their respective communities and want to view pornographic content. We do not intend anyone under 18-years old or the age of majority in their community to access this Website. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community may access this Website. If you are not the age of majority in your jurisdiction, you must leave this Website immediately.
2.4 By accessing the Website, registering, or buying amembership, you certify to us that:
2.4(A) You have reached the age of majority where you live and that you have the legal capacity to read and agree to these terms;
2.4(B) If buying amembership, you own (or have permission to use) the credit card you signed up with and have authorized us (or our authorized payment processing agent) to charge the credit card according to the membership you chose (which may include automatically recurring charges on a month-to-month basis until canceled);
2.4(C) You are aware of the pornographic nature of the content available on the Website and that you are not offended by content of this nature;
2.4(D) You are familiar with your jurisdiction's laws affecting your right to access pornographic materials;
2.4(E) You have the legal right to access pornographic materials and we have the legal right to send them to you;
2.4(F) You are voluntarily requesting pornographic materials for your own private enjoyment; and
2.4(G) You will notshare these materials or this Website with a minor or otherwise make them available to a minor.
We have a zero tolerance policy against pornographic content involving minors (i.e., child pornography) and a zero tolerance policy against pedophiles or any pedophilic activity. We only allowvisual media of consenting adults for consenting adults on this Website. If you see any visual media-real or simulated-depicting minors engaged in sexual activity on this Website, please report this to us at firstname.lastname@example.org. Please include with your report all appropriate evidence, including the date and time of identification. We will immediately investigate all reports and take appropriate action. We will fully cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.
4.1 We own or have the license to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, software, scripts, and computer code, including the design, structure, selection, coordination, expression, "look and feel," and the arrangement of this content, contained on this Website. Copyright, patent, trademark, and various other intellectual property and unfair competition laws protect the Website and its content.
4.2 We hereby grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms. By "access," we mean visit the Website, use its services, and view or download its content. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on this Website.
4.3 You may only access the Website for your personal, noncommercial useunless you obtain our advance written consent. You will not use any content that you access on the Website for further distribution, performance, display, sale, or rentalunless authorized in writing. Nor will you make any content available on any peer-to-peer network, file sharing service, or other system for sending information to others.You will not access the content through any technology or means other than the video playback webpages on the Website itself, any embeddable player, or other explicitly authorized means we may designate. You will comply with all applicable laws when accessing the Website. We may change, limit, or revokethe licensegranted in section 4.2 if you fail to comply with these terms.
4.4 Your license to access the Website does not transfer to you ownership of or title to a copy of any content that you download or print, and we only authorize you to use your copy according to these terms. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content.
5.1 The trademarks, service marks, logos, slogans, and domain names ("marks") referenced on the Website are either common-law service marks or trademarks, or registered service marks or trademarks that belong to www.cumswapguys.com, and trademark laws in the United States of America and other countries, and international laws and treaties, protect them. Other names of actual companies and products mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by www.cumswapguys.com or with www.cumswapguys.com. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other "hidden text" using marks that belong to www.cumswapguys.com and its licensors, without advanced written permission from www.cumswapguys.com or the third party who may own the mark.
5.2 You will not reproduce, imitate, or use the Website's trademarks in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Website. If you do any of this, your actions may constitute an infringement of www.cumswapguys.com's rights or the rights of third parties.
5.3 We neither endorse nor recommend the owner of any trademarks we display on the Website. In addition, our use of trademarks or links to websites owned by third parties does not imply, directly or indirectly, that those owners endorse or have any affiliation with this Website.
6.1 Registration. To access most of the features on the Website, you must register with us. You may not use another person's account to access the Website. When registering for an account, you must provide accurate and complete information. We give you the option to choose your own username and password or have one randomly generated for you.
Your username and password are for your personal use only. You will not share them with any other person. Sometimes multiple access is not your fault-like when hackers try to compromise the Website by bundling multiple users with the same username or password. Regardless of the reason, we cannot allow multiple persons to use the same username and password, and the Website has several techniques to detect unauthorized multiple use. If we discover that multiple persons are using your username or password, we may block your access to the Website through your username or password without giving you advanced notice. We may send you a new username or password to the email address you signed up with to allow you to regain access to the Website. We will not be responsible for, and will not refund any membership fee because of any down time or inability to access the Website that you experience because of the username or password change.
You are responsible for the activity that occurs on your account, and you must keep your password secure. You will not allow anyone under 18-years old or the age of majority where you live, whichever is older, to use your username and password or access the Website. If we discover that you have done this, we may cancel your access to the Website without advanced notice. You must notify us immediately of any breach of security or unauthorized use of your account. You will need to give us all information you have about the unauthorized use and cooperate fully with us in investigating the matter. We may request that you adopt additional security procedures when accessing the Website in the future to prevent further unauthorized use. Although we have no liability to you for losses caused by any unauthorized use of your account, you will be liable for the losses of others or us because of unauthorized use of your account.
6.2 Membership.As part of the registration process, you must choose a membership type and pay for the membership. We will charge you the membership fee stated on the registration page for the specific period you choose. For your convenience, unless the Website states otherwise, all monthly memberships will automatically renew on expiration at the same price and for the same period unless you cancel your membership before expiration of your current membership period. Paying the membership fee allows you to access the entire Website and its content (except specialty content where we may ask you to pay an additional access or download fee). The membership fee is the amount stated as the full membership fee you originally registered and not the fee for any trial period you bought. The membership fee excludes any taxes or currency transmission charges, which are extra costs charged to you.
6.4 Specialty Content. In some cases, we may charge an additional fee to access or download specialty content. If there are any additional terms or charges for any specialty content, we will identify them up front and require you to agree to them before purchasing. Unless you tell us otherwise in each case, you authorize us to make charges for any specialty content to the credit card, debit card, or other payment method you use to pay your membership fee. Any prices shown for access or downloading specialty content are subject to change without notice. No prices are final until you pay for and we approve your purchase.
6.5 Billing and Payment.We will bill the membership fee for the term you signed up for in advance using the billing method you selected when you registered or you later ask us to use. We will automatically rebill recurring memberships at the end of each term until cancelled according to these terms(if you have a nonrecurring membership, we will not charge you again unless you buy another membership).You authorize our payment-processing agent or us to make these charges using your selected billing method. For payment by credit or debit card, you must ensure that all your credit or debit card information is current and accurate, and inform us of any change in your billing address, card number, or expiration date. You must promptly notify us if your credit or debit card is cancelled, lost, or stolen-or if there is an unauthorized use of your username or password-because we will charge you for all access under your account. We may cancel your membership if we cannot charge your credit or debit card. By giving us your credit or debit card number, you authorize us to submit all charges to your credit or debit card without further approval from you until you give us notice that you have cancelled your membership or wish to change your payment method and we have had a commercially reasonable time to respond.
6.6 Changing Your Billing Method. You may request us to change your billing method by calling us at 1-888-506-2111 (USA, Canada, and Mexico) or 1-702-583-3281 (international) or by emailing us at email@example.com. If we receive notice more than ten days before your billing date, we will make the changes effective as of your next billing period. Otherwise, we will try to make the change as soon as possible
6.7 Billing Errors. We will correct any mistakes in a bill and add or credit them against your future payments. If you become aware of any errors in billing, please notify us promptly for proper credit. We will waive any error in your favor that we do not correct within three months of the bill where the error first appeared. You will waive any error in our favor unless you give us notice of the error within three months after you receive the bill in which it first appears. You also release us from all liability for any error you do not report to us within three months after you receive the bill in which the error first appeared.
6.8 Chargebacks, dishonored checks, and related fees. You are responsible for any credit card chargebacks, dishonored check fees, and related fees that we incur on your account. If you fail to reimburse us for any credit card chargebacks, dishonored check fees, or related fees within 30 days of our initial demand for reimbursement, you must pay us $100 USD in additional liquidated damages as well as any costs incurred by us for each fee incurred.
6.9 Refunds. We consider all purchases final when made. Butwe may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist, please emailus at firstname.lastname@example.org and explain the exceptional circumstances that you believe warrants a refund. We make no promise that we will give you a refund. If we give you a refund, we will issue the refund in the form of a credit to the credit card that you used for your purchase; we will not make refunds in the form of cash, check, or free services.
7.1 Your Right to Cancel Membership.You may cancel your membership for any reason by going to www.customerhelponline.com/cancel.html, by emailing us at email@example.com, or by calling us at 1-888-506-2111 (USA, Canada, and Mexico) or 1-702-583-3281 (international).If you paid using a payment processor like SegPay, Epoch, or WTS, you need to cancel through the appropriate payment processor. The specific biller you have will be identified on the Secure Online Billing (credit card verification) page while you are registering and in the welcome confirmation email that you receive on successful registration. On cancellation, you will receive written confirmation of cancellation, which you should keep for your records. If you do not receive written confirmation of cancellation within 24-hours of your request, please contact us immediately at firstname.lastname@example.org. After you cancel your membership, you will continue to have access to the Website until your membership term actually expires. For example, if you joined on March 1st, and cancelled on March 20th, your access will continue until April 1st, when your term ends. After your term ends, you will no longer have full access to the Website. Cancelling your membership will not alter your obligation to pay all outstanding charges made to your account. These terms will survive your cancellation of your membership.
7.2 Our Right to Cancel.We may cancel your membership or suspend your access to the Website for any reason. If we cancel for any reason other than your breach of these terms, we will refund a pro-rata amount of any payments you have made for the portion of any month you do not use. If your credit card provider seeks return of any payments you previously made to us, but we believe in good faith you are liable for the charges, we may, subject to applicable law, seek payment from you for the amounts due.
8.1 You state that all information you provided to us during the registration process is accurate and current. You will promptly update this information when necessary to ensure that it remains true. You acknowledge that you have thecapacity to consent to these terms and to perform the acts required of you under these terms.
8.2 As a condition of your membership to and access of this Website:
8.2(A) You willcomply with all applicable laws and regulations of any applicable governmental body;
8.2(B) You will maintain the security of your username and password and be fully responsible for all use of your account;
8.2(C) You will not use the Website for any unlawful purpose or in any way that is prohibited by these terms;
8.2(D) You will not use the Website in any way that exposes www.cumswapguys.com to criminal or civil liability;
8.2(E) You will not use the Website for making, obtaining, or otherwise accessing illegal copies of copyrighted content;
8.2(F) You will not use the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, harmful, obscene, offensive, hateful, discriminatory, or illegal material to any other member or user of this Website;
8.2(G) You will not use the Website to harass or otherwise invade the privacy of another person (including the dissemination of personal information);
8.2(H) You will not use the Website to promote the physical harm or injury of any person or group, or promote any act of cruelty to animals;
8.2(I) You will not "stalk" or otherwise harass anyone on the Website;
8.2(J) You will not use or attempt to use any other member's account on the Website;
8.2(K) You will not impersonate another person during your use of the Website;
8.2(L) You willnot use any automated means-including robots, crawlers, or data mining tools-to download, monitor, or use data or content from the Website;
8.2(M) You will not modify, build on, or block any portion or functionality of the embeddable player, including links back to this Website;
8.2(N) You will not use the Website to collect usernames or email addresses for sending unsolicited messages of any kind;
8.2(O) You will not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
8.2(P) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit to the Website;
8.2(Q) You will not disable, circumvent, or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of any content, or features that enforce limitations on the use of the Website or the content on it, including any digital rights management functionality;
8.2(R) You will not remove any proprietary notices or labels, including copyright notices, on the content;
8.2(S) You will not post, link to, or otherwise make available on the Website any content that contains software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;
8.2(T) You will not send, create, or reply to so-called "mail bombs"-that is, emailing copies of a single message to many users, or sending large or multiple files or messages to a single users with malicious intent-or engage in "spamming"-that is, unsolicited emailing for business or other purposes-or undertake any other activity that may adversely affect the operation or enjoyment of this Website by another person;
8.2(U) You will not reproduce, sell, resell, or otherwise commercially exploit or make available the Website or its content to another person;
8.2(V) You will not "frame" or "mirror" the Website; and
8.2(W) You will not reverse engineer any part of the Website.
8.3 We may take appropriate action against you for any unauthorized use of the Website in violation of these terms, including civil, criminal, injunctive relief, and cancellation of your registration or membership. An unauthorized use of the Website and our computer systems violates these terms and international, foreign, and domestic laws.
9.2 You acknowledge that you are responsible for your own submissions and the consequences of uploading or otherwise making them available on the Website. You are solely responsible for all acts and omissions that occur because of your use of the Website. You will not post any comments that are infringing, defamatory, libelous, obscene, lewd, excessively violent, harassing, invasive of privacy, unlawful, or otherwise just plain nasty. Please use your best judgment and respect other personswhen using the interactive features of this Website. Remember, because of the anonymous nature of the Internet, people may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated. You will not use vulgar, abusive, or hateful language. If you do, we may block you from accessing this Website and hold you responsible under these terms. Your use of the interactive features of this Website is at your own risk and is subject to the disclaimers and limitations stated in these terms.
9.3 As a condition to your use of the interactive features, you state that you will not upload, post, or otherwise transmit any content or information that:
9.3(A) Violates or infringes on the rights of any person, including copyright, trademark, privacy, publicity, moral, contract, or other personal or proprietary rights;
9.3(B) Plagiarizes any content owned by any person;
9.3(C) You do not have a right to transmit under contractual or fiduciary relationships, including insider information, proprietary information, and confidential information learned or disclosed as party of employment relationships or under nondisclosure agreements;
9.3(D) Contains violent, obscene, offensive, abusive, seditious, defamatory, libelous, harassing, threatening, or otherwise illegal content;
9.3(E) Contains bigoted, hateful, or otherwise racially offensive material;
9.3(F) Disparages, criticizes, belittles, parodies, or otherwise portrays in a negative light any person appearing in or referred to in the submission;
9.3(G) Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information for improper purposes, or otherwise;
9.3(H) Constitutes or depicts animal cruelty or bestiality;
9.3(I) Constitutes or depicts child pornography or pedophilia;
9.3(J) Otherwise harms or may be reasonably expected to harm any person;
9.3(K) Contains commercial or business-related advertisements or offers to sell any products, services, or otherwise (whether for profit or not), or to solicit others (including solicitations for contributions or donations);
9.3(L) Contains a virus or other harmful component that tampers with, impairs, or damages the Website, service, or any connected network, or otherwise interferes with any person's use or enjoyment of the Website or service;
9.3(M) Contains materials irrelevant to the designated topic or theme of the posting;
9.3(N) Discusses illegal activity or posts links to other websites that deal with those activities; or
9.3(O) Consists of antisocial, disruptive, or destructive behavior, including "bombing," "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
9.4 For each submission you make to the Website using the interactive features, you state that:
9.4(A) You own or have the necessary right to use and authorize us to use all copyrights, patents, service marks, trademarks, trade secrets, or other proprietary rights in the submission to allow inclusion and use of the submission in the manner contemplated by the Website and these terms;
9.4(B) You are not posting any content discussing or depicting any person under 18-years old;
9.4(C) You have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older; and
9.4(D) You have the written consent or release of each identifiable person in the submission to use their name or likeness to allow inclusion and use of the submission in the manner contemplated by the Website and these terms.
9.5 Although you retain all of your ownership rights in your submissions, you grant www.cumswapguys.com anirrevocable, nonexclusive, royalty-free, worldwide, sublicenseable, and transferable license to reproduce the submission, prepare derivative works based on the submission, distribute copies of the submission to the public, perform the submissions publicly, and display the submission publiclyin any media formats and through any media channels. You waive all moral rights in your submissions that may be available to you in any part of the world and you state that no moral rights have been asserted. You understand that we have no control over what others may do with your content once you post them on the Website and we do not guarantee that others will respect your intellectual property rights.
9.6 You understand that when accessing the Website, you may be exposed to submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights for these submissions. You also understand that you may be exposed to submissions that are inaccurate, offensive, obscene, indecent, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We have no responsibility for, we do not endorse (expressly or implicitly), and we disclaim all liability for any content you submit to the Website. We do not permit copyright infringing activities or infringement of any other intellectual property rights on the Website (including trademarks), and we will remove all content and submissions if properly notified that the content or submission infringes on another person's intellectual property rights. We may remove content and submissions without advance notice or delay. We may also terminate a user's access to the Website, if we determine the user is an infringer or a repeat infringer. Only we decide if the content or submission is appropriate and complies with these terms. We may remove a submission or terminate a user's access for uploading content that violates these terms without notice.
9.7 We provide this Website as a service to our users. We assume no responsibility to monitor the Website for inappropriate content or conduct. If we choose to monitor the Website, we assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting that content. We may delete any submissions that we believe violates these terms or may be otherwise offensive or illegal. We may also delete any submissions that harm or threaten the safety of any person or that otherwise violates another person's rights. Again, you are solely responsible for the submissions that you make visible on the Website, and for any other material or information that you transmit or share with other users or unrelated persons through the Website.
9.8 In sum, we do not endorse the opinions expressed in any posting on this Website. We do not and cannot review every posting by users made available on this Website. Nor are we responsible for the content of any posting. We may monitor and delete any information or postings we consider inconsistent with these terms. If you are aware of any information posted that violates these terms, please contact us at email@example.com. Please provide as much detail as possible, including a copy of the objectionable information or the location where we may find it, the reason we should remove it, and a statement certifying the accuracy of the information you provided to us.We will cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting content in breach of these terms.
10.1 We may provide on this Website links to websites owned or operated by other entities that are independent from us. These linked websites may contain content that some may find inappropriate or offensive. If you access any of these linked websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and subject to any terms and privacy policies posted on the linked websites. We encourage you to review the terms and privacy policies posted on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not maintain, control, or govern linked websites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links). We do not investigate, verify, monitor, or endorse the content, accuracy, opinions expressed, and other links provided by linked websites. We do not endorse, make any representations regarding, or warrant any information, goods, or services appearing or offered on any linked website, other than linked information authored by us. Links do not imply that we or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any service mark, trademark, trade name, logo, or copyright symbol that belongs to us.
10.2 Except for links to information authored by us, we are neither responsible for nor will we be liable under any theory based on (1) any linked website; (2) any information or content found on any linked website; or (3) any websites linked to or from any linked website. We disclaim any liability (direct or indirect) to you for any loss caused by your use or reliance on the content, goods, or services available on or through any linked website. If you decide to visit any linked websites or transact any business on a linked website, you do so at your own risk. We may discontinue linking to any linked website at any time without notice. Please contact the webmasters of any linked websites regarding any information, goods, or services appearing on them.
We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without compensation to you.
12.2 By accessing this Website, you acknowledge that Internet transmissions are never completely private or secure. You understand that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
12.3 We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.
13.1 While we will use commercially reasonable efforts to make sure that this Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Numerous factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.
13.2 We may change or discontinue this Website without notice to you. We have no liability to you or any other person if we change or discontinue this Website.
13.3 We may suspend access to this Website temporarily and without notice for system failure, maintenance or repair, or reasons beyond our control.
13.4 We may suspend, terminate, or block your access to this Website if we believe that you have violated these terms.
15.1 You acknowledge that your use of this Website is at your sole risk and you alone will be responsible for any loss or damage that you may suffer from any content located on the Website. You assume all risk and responsibility for any loss or damages to your computer system, data, and business from your use of the Website.You further acknowledge that we will not be liable to you for submissions or the defamatory, libelous, offensive, or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you.
15.3 We disclaim all liability to you for any of the following:
15.3(A) Errors, mistakes, or inaccuracies of content;
15.3(B) Personal injury or property damage of any nature resulting from your access to and use of the Website;
15.3(C) Information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, libelous, invasive of privacy, or illegal;
15.3(D) Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access to or alterations of your account, transmissions, or data;
15.3(E) Bugs, viruses, Trojan horses, or other disabling code that may be transmitted to or through the Website by any person or that may infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
15.3(F) Interruption or cessation of transmission to or from the Website;
15.3(G) Delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website;
15.3(H) Incompatibility between the Website and your other services, hardware, or software; or
15.3(I) Loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
The disclaimers, exclusions, and limitations contained in sections 14, 15, and 16 apply to the greatest extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you.
We make no representation to you that the content and materials are appropriate or available for use in your jurisdiction. You assume all knowledge of applicable law and are responsible for compliance with these laws. You will not access the Website if prohibited in your jurisdiction or use the Website in any way that violates applicable governing laws, regulations, or other government requirements. You will not transmit any content that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable governing law or regulation.
19.2(A) Loss means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
19.2(B) A loss is caused by an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.
19.3 Our Duty to Notify. If we have your contact information, we will notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be obligated to pay. Our failure to give you timely notice does not terminate your obligation, except if that failure prejudices your ability to mitigate losses (but this exception does not apply if we do not have your contact information or cannot obtain your contact information in a commercially reasonable manner).
19.4 Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we directyou to control the defense.You and we must cooperate with each other in good faith on a claim.
19.5 No Exclusivity. Our rights under this section do not affect other rights we might have.
Seychelles law governs these terms without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a "sale of goods."
23.1 In General.Each party will allow the other reasonable opportunity to comply before it claims that the other has not met the obligations under theseterms. The parties will first meet and negotiate with each other in good faith to attempt to resolve all disputes between the parties arising out of these terms or the use of the Website.
23.2 Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process. The Website may elect to litigate billing or payment disputes or collection matters.
23.5 Waiver of Jury Trial. Both parties waive the right to a trial by jury for any dispute arising out of these terms or the use of the Website. This waiver will be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this section are waived.
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates these terms, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
26.2 Copy of these Terms. You may-and we recommend that you-print these terms on your printer or save them to your computer. If you are having trouble printing a copy, please email us at firstname.lastname@example.org and we will send you a copy.
26.3 Changes. We may change these terms if we believe necessary to operate this Website.We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the last updateddate noted at the top of the revised terms,but changes will not apply to ongoing disputes or to disputes arising out of events occurring before the posted changes. It is your responsibility periodically to check the Website to review the most current terms. While we will try to notify you of any changes to these terms, we do not assume anobligation to do so. By continuing to use the Website after we post changes to these terms, the revised terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to cancel your membership if you are a member or to stop accessing the Website if you are not a member. If you need more information about the changes or have any other questions or comments about the changes, please contact us at email@example.com.
26.4 Assignment and Delegation. We may assign any rights and delegate any performance under these terms to an affiliate or third party without notice to you. You will not assign your rights or delegate your performance under these terms without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
26.5 Waiver. If we do not enforce any right or provision of these terms, thisfailure is not to be deemed a waiver of our right to do so in the future.
26.6 Severability. If any provision of these terms is for any reason held unenforceable, that provision will be changed to the extent necessary to make it enforceable without losing its intent. If no change is possible, that provision will be severed from the rest of these terms.
26.7 Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
26.8 Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate performance under these terms.
26.9 Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
26.9(A) Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
26.9(B) War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
26.9(C) Fiber cuts;
26.9(D) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
26.9(E) Failure of the telecommunications or information services infrastructure; and
26.9(F) Hacking, SPAM, or any failure of a computer, server, network, or software.
26.10 Expenses and Costs of Enforcement. If a court or tribunal of competent jurisdiction determines that a party violated these terms, the breaching party will reimburse the nonbreaching party for all actual costs and reasonable legal fees incurred in enforcing these terms.
26.11(A) Sending Notice to Us. You may send notice to us by email or by calling our customer support department. We will consider an electronic notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on this Website or on the customer support website. Please check thebottom of this Website for the most current information for sending notice to us.
26.11(B) Sending Notice to You¬-Electronic Notice. You consent to receiving any notice from us in electronic form either: (1) by sending email to the email address you specified when you signed up; or (2) by posting the notice on a location on the Website designated for this purpose. We will consider notices sent to you by email received when our email service indicates transmission to your email address. You confirm that the email address you specified when you signed up is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email message you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
26.13 Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages transmitted to us or from usas open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and designated recipients to read. Users or operators of the Website may read all messages you send to the Website regardless if they are intended recipients.
26.14 Electronic Signatures. You will be bound by any affirmation, assent, or agreement you transmit through this Website. You acknowledge that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
26.15 Consumer Rights Information-California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Suite 9, Ansuya Estate
1 (888) 506-2111
Users who wish to gain access to the members-only section of the Website must be a member in good standing. We post the current membership fees for the Website onthe registration page for the Website. We reserve the right to change the membership fees. You may contact us at firstname.lastname@example.org to resolve any billing disputes or to receive further information about the Website.
26.16 Complaints-California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at 1 (916) 445-1254.
In these terms, the following usages apply:
27.1 Actions permitted under these terms may be taken at any time and on one or more occasions in the actor's sole discretion.
27.2 References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
27.3 References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.
27.4 In computing periods from a specified date to a later specified date, the words "from" and "commencing on" (and the like) mean "from and including," and the words "to," "until," and "ending on" (and the like) mean "to but excluding."
27.5 References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
27.6 "A or B" means "A or B or both." "A, B, or C" means "one or more of A, B, and C." The same construction applies to longer strings.
27.7 "Including" means "including, but not limited to."