Created: November _30_, 2014
Last Updated: November _30_, 2014
Welcome to MyEx.com, 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 obligations. This terms-of-use agreement between you and us governs your use of the Website and the services we offer to you through the Website. These terms apply to the entire contents of this Website and to any email correspondence between you and us. 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 provisions: (1) disclaimer of warranties (section 14); (2) limitation of liability and exclusion of damages (sections 15 and 16); (3) exclusive forum for resolving disputes (section 21); and (4) mandatory arbitration (section 22). Continuing to access this Website after viewing these terms, or checking the designated box after submitting content or comments, forms your acceptance of and agreement to these terms even if you do not read them. If you do not agree to these terms, you cannot access this Website.
1.1 This Website provides users with access to amateur pornographic content submitted by other users, including graphic depictions of nudity and sexual conduct, as well as the ability to submit your own amateur pornographic content. You may view all of the content on this Website without registering or purchasing a premium membership. The Website may offer access to certain premium content for a fee, which will require you to sign up and pay for a premium membership.
1.3 We may revise these terms on one or more occasions by updating this webpage. The top of the terms will tell you when we last updated them. Revised terms will take effect as of the date we post them on this webpage (under no circumstances will they operate retroactively unless the revisions do not affect your substantive rights and obligations). We will try to notify you when we revise 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 terms. We will deem your continued use of the Website after we post the changes as your acceptance of the changes. If you do not accept the changes, please stop accessing the Website.
1.4 On one or more occasions, we may offer you specialty content subject to additional terms and a separate fee. You have no obligation to purchase access to this specialty content. If you choose to purchase 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.
- Description of Service; Age of Majority; & Age and Legal Certifications
2.1 The Website offers user generated content that is pornographic in nature, which may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. This Website allows for uploading, sharing, and general viewing of amateur pornographic content, including sexually explicit images and videos.
2.2 We do not intend anyone under 18-years old or the age of majority in their community to view this Website. We limit access to the Website to adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community. If you are not the age of majority in your jurisdiction, you must leave the Website immediately and you may not access the Website.
2.3 By accessing the Website, you certify to us that:
2.3(A) You have reached the age of majority where you live and that you have the legal capacity to agree to these terms;
2.3(B) You are aware of the nature of the content provided by the Website and that you are not offended by this content;
2.3(C) You are familiar with your jurisdiction’s laws affecting your right to access pornographic materials;
2.3(D) You have the legal right to access pornographic materials and we have the legal right to transmit them to you;
2.3(E) You are voluntarily requesting pornographic materials for your own private enjoyment; and
2.3(F) You will notshare these materials with a minor or otherwise make them available to a minor.
- No Child Pornography
All persons who appear in any visual depiction of actual or simulated sexually explicit conduct found on the Website were 18-years old or older at the time of the creation of the depictions. The Website contains no child pornography. We take a strong and definite stand against child pornography and only publish visual media of consenting adults for consenting adults. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us at [email protected] Please include with your report any appropriate evidence, including the date and time. We will immediately investigate all reports and take appropriate action. We 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.
- Limited License
4.1 We grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms and any additional terms for specific content. By “access,” we mean visit the Website, use its services, and view or download its content. You must comply—and you agree to comply—with all applicable laws when accessing the Website. We reserve the right to change, limit, or cancel your access if you fail to comply with these terms.
4.2 You may only access the Website for your personal, noncommercial use. You will not use any content that you access on the Website for further distribution, performance, display, sale, or rental. Nor will you make any content available on any peer-to-peer network, file sharing service, or other system for sending information to others.
4.3 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.
We appreciate and welcome any suggestions that you may have to improve the Website. You may send us any suggestions that you may have by email at [email protected] You agree that we can use any idea or suggestion you give to us royalty-free, worldwide, and in perpetuity without any attribution or compensation to you. We have no obligation to keep any suggestion you submit to us confidential.
- Third-Party Links
6.1 This Website may contain links to other websites operated by other entities that are completely independent from us. These linked websites are not under our control and we are not responsible for their contents or links. Including a link on this Website does not imply our endorsement of any linked website or its contents.
6.2 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. It is your responsibility to take all protective measures to guard against viruses or other destructive elements.
6.3 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. You should contact the website administrator or webmaster for those third-party websites if you have any concerns regarding the links, content, or services on those websites.
- Intellectual Property Rights
7.1 With the exception of user generated content/user submissions, we own or have the license to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, and computer code, including the design, structure, selection, coordination, expression, “look and feel,” and the arrangement of this content, contained on this Website. Trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws protect the Website and its content.
7.2 You may only access the Website or its content according to these terms and any specialty content terms. You will not make any other use of the Website or its content, including by copying, modifying, accessing, distributing, or performing any content. 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 the previous, your actions may constitute an infringement of our rights or the rights of third parties.
7.3 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.
- User Conduct
8.1 You state that all information you provided to us is accurate and current. You will promptly update this information when necessary to ensure that it remains true. You acknowledge that you have the capacity to consent to these terms and to perform the acts required of you under these terms.
8.2 You acknowledge that you are responsible for your own user 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.
8.3 As a condition of your use of the Website:
8.3(A) You will not use the Website for any unlawful purpose or in any way that is prohibited by these terms;
8.3(B) You will comply with all applicable laws and regulations of any applicable governmental body;
8.3(C) You will not use the Website in any way that exposes us to criminal or civil liability;
8.3(D) You will not use the Website for making, obtaining, or otherwise accessing illegal copies of copyrighted content;
8.3(E) You will not use the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, or illegal material to any other user of this Website;
8.3(F) You will not use the Website to harass or otherwise invade the privacy of another person (including the dissemination of personal information);
8.3(G) You will not use the Website to promote the physical harm or injury of any individual or group, or promote any act of cruelty to animals;
8.3(H) You will not impersonate another person during your use of the Website;
8.3(I) You are solely responsible for all acts and omissions that occur because of your use of the Website;
8.3(J) You will not use any automated means—including robots, crawlers, or data mining tools—to download, monitor, or use data or content from the Website;
8.3(K) 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;
8.3(L) You will not “stalk” or otherwise harass anyone on the Website;
8.3(M) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
8.3(N) 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;
8.3(O) 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;
8.3(P) You will not commercially exploit or make available the Website or its content to a third party;
8.3(Q) You will not “frame” or “mirror” the Website; and
8.3(R) You will not reverse engineer any part of the Website.
8.4 We reserve the right to take appropriate action against you for any unauthorized use of the Website, 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 certain international, foreign, and domestic laws.
- User Submissions
9.2 For each submission you make to the Website, you certify to us that:
9.2(A) You own or retain the necessary right to use and authorize us to use all copyrights, trademarks, trade secrets, patents, or other proprietary rights in and to the submission to enable inclusion and use of the submission in the manner contemplated by the Website and these terms;
9.2(B) You are not posting any content depicting any person under 18-years old;
9.2(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
9.2(D) You have the written consent or release of each identifiable person in the submission to use their name or likeness to enable inclusion and use of the submission in the manner contemplated by the Website and these terms.
9.3 You retain all of your ownership rights in your submissions. However, you grant us a worldwide, nonexclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions for the Website and our (and our successor’s) business, including for promoting and redistributing any part of the Website (and derivative works of it) in any media formats and through any media channels. You also grant each user a nonexclusive license to access your submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display, and perform the submissions as permitted through the functionality of the Website and under these terms. This license terminates once you remove or delete a user submission from the Website. You understand that we have no control over what other users may do with copies of your content once you remove your submissions from the Website and we do not guarantee that others will honor the termination of the license you grant here.
9.4 You are solely responsible for your submissions and the consequences of posting them to the Website. You will not submit to the Website any content:
9.4(A) That is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights—including privacy and publicity rights—unless you are the owner of the rights or have permission from the rightful owner to post the content and to grant us all of the license rights granted in section 9.3;
9.4(B) That publishes falsehoods or misrepresentations that could damage us or any third party;
9.4(C) That is illegal, unlawful, threatening, defamatory, obscene, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or may cause annoyance or inconvenience;
9.4(D) That constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise be contrary to the law of or violate the rights of any third party in any jurisdiction in the world;
9.4(E) That constitutes advertisements or solicitations of business;
9.4(F) That impersonates another person; or
9.4(G) That is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).
9.5 We have no responsibility for, we do not endorse (expressly or implicitly), and we expressly disclaim all liability for any content you submit to the Website. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we will remove all content and submissions if properly notified that the content or submission infringes on another’s intellectual property rights. We reserve the right to remove content and submissions without advance notice or delay. We will also terminate a user’s access to the Website, if we determine the user is an infringer. While we accept pornographic content, we reserve the right to decide if the content or submission is appropriate and otherwise complies with these terms. We may remove submission or terminate a user’s access for uploading content that violates these terms at any time without prior notice.
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 further understand that you may be exposed to submissions that are inaccurate, offensive, indecent, or objectionable, and you waive any rights or remedies you have or may have against us for this exposure. We may refuse to publish, remove, or block access to any submission that is available through the Website or our network or services without notice.
9.7 We provide this Website as a service to our users. We assume no responsibility for monitoring the Website for inappropriate content or conduct. If we choose to monitor the Website, we assume (1) no responsibility for the content, (2) no obligation to modify or remove any inappropriate content, and (3) no responsibility for the conduct of the user submitting that content. We may review and delete any submissions that violates these terms or that may be otherwise offensive or illegal. We may also review and delete any submissions that harm or threatens the safety of any user or person not associated with the Website, or that otherwise violates another person’s rights. You are solely responsible for the submissions that you make to 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 We will fully 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.
- Interactions with other users
10.1 This Website includes certain community features. You will not post any comments that are infringing, defamatory, obscene, lewd, excessively violent, harassing, an invasion of privacy, unlawful, or otherwise just plain nasty. Please use your best judgment and respect other individuals using the community features of this Website. Remember, because of the anonymous nature of the Internet, participants 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 violate this provision, we will block you from accessing this Website and hold you responsible under these terms.
10.2 You certify to us that you will not upload, post, or otherwise transmit any content or information that:
10.2(A) Violates or infringes on the rights of any person, including copyright, trademark, privacy, publicity, moral, contract, or other personal or proprietary rights;
10.2(B) Plagiarizes any content owned by any person;
10.2(C) Contains violent, obscene, defamatory, harassing, threatening, or otherwise illegal content;
10.2(D) Contains bigoted, hateful, or otherwise racially offensive material;
10.2(E) Otherwise harms or may be reasonably expected to harm any person;
10.2(F) 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);
10.2(G) 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;
10.2(H) Contains materials irrelevant to the designated topic or theme of the posting;
10.2(I) Discusses illegal activity or posts links to other websites that deal with those activities; or
10.2(J) 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.
10.3 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 do reserve the right to monitor and delete any information or postings we deem inconsistent with these terms. If you are aware of any information posted that violates these terms, please contact us at [email protected] 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.
11.2 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 is encrypted.
11.3 We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.
- Website Availability
12.1 While we will try our best 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.
12.2 We may suspend access to this Website temporarily and without notice for system failure, maintenance or repair, or reasons beyond our control.
12.3 We may immediately suspend, terminate, or block your access to this Website if we reasonably believe that you have violated these terms.
12.4 We reserve the right to modify or discontinue this Website without notice to you. We have no liability to you or any other person if we exercise our right to modify or discontinue this Website.
- No Fees; Reservation of Right to Charge Fees
We do not charge any fees and the Website is free to all users. However, we reserve the right to charge for the Website and to change our fees on one or more occasions. Further, if we terminate your right to use the Website because of a breach of these terms, you will have no right to a refund of any unused portion of subscription fees.
- Warranty Disclaimers
14.1 We provide you access to this Website and its content “as is,” “with all faults,” and “as available.” You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Website or any content will meet your needs or requirements. We disclaim all warranties—express, statutory, or implied—including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, and noninfringement. We further disclaim all warranties that your access to the Website will be uninterrupted, error-free, or that content loss will not occur. There are no warranties of any kind that extend beyond the face of these terms or that arise because of course of performance, course of dealing, or usage of trade.
14.2 We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by another person through the Website or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
14.3 The Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the reliability of any statement or other information displayed or distributed through the Website. We reserve the right to correct any errors or omissions in any portion of the Website. If you believe you have found errors or omissions on the Website, you may bring them to our attention by contacting us at [email protected]
- Release and Disclaimer of Liability
15.1 You acknowledge that we will not be liable to you for user submissions or the defamatory, offensive, or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you and you expressly release us from any liability arising out of user submissions or the conduct of any person.
15.2 You expressly release us from all claims, demands, and damages (actual and consequential), of every kind and nature, known or unknown, disclosed or undisclosed, arising out of your use of the Website, including disputes with one or more other users or other persons.
15.3 We expressly disclaim any liability or responsibility 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) Any information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal;
15.3(D) Any unauthorized access to or use of our secure servers and any personal or financial information stored in them;
15.3(E) Any interruption or cessation of transmission to or from the Website;
15.3(F) Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Website by any person; or
15.3(G) Any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
- Exclusion of Damages
16.1 Unless caused by our gross negligence or willful and wanton misconduct, we will have no liability to you for any loss or expense of any kind arising from or relating to your possession or use of the content on this Website, regardless whether liability is based in tort, contract, or otherwise. You access content from this Website at your own risk.
16.2 Unless caused by the other’s gross negligence or willful and wanton misconduct, neither party will be liable to the other party for any special, indirect, incidental, consequential, exemplary, or punitive damages arising out of these terms or the Website.
16.3 The exclusions in this section apply regardless of the theory of liability asserted and even if the other party knew or should have known about the possibility of the damages.
- Scope of Disclaimers
The disclaimers, exclusions, and limitations contained in sections 14, 15, and 16 apply to the maximum 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.
- Loss Payment (also known as Indemnification)
18.1 In General. You must pay us for any loss of ours that you caused by your negligence, intentional misconduct, or violation of these terms. But you need not pay us for a loss caused by our gross negligence or intentional misconduct.
18.2(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.
18.2(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.
18.3 Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we must cooperate with each other in good faith on a claim.
18.4 No Exclusivity. Our rights under this section do not affect other rights we might have.
- Limited Time to Bring Claims
A party to these terms must bring any claim that party may have against the other party that arises out of these terms or the Website within 1 year after the claim arises. If a party fails to bring any claim that party may have against the other party within this 1-year period, the claim is permanently barred.
- Compliance with Laws
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.
- Governing Law
The laws of the British Virgin Islands govern 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.”
- Place for Resolving Disputes
22.1 The exclusive jurisdiction for all disputes arising out of these terms that are not subject to mandatory arbitration will be in the courts located in the British Virgin Islands, and the parties will not bring an action in any other jurisdiction. The parties waive all objections to jurisdiction (including the defense of inconvenient forum) and will not dispute the personal jurisdiction of the courts located in the British Virgin Islands.
22.2 The parties acknowledge that the Website will be deemed solely based in the British Virgin Islands, and that the Website will be deemed a passive website that does not give rise to personal jurisdiction over the Website, either specific or general, in any other jurisdiction.
- Dispute Resolution; Exception for Small Claims
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 this agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this agreement.
23.2 Litigation Election. Either party may elect to litigate the following type of case or controversy: (a) an action seeking equitable relief, or (b) a suit to compel compliance with this dispute resolution process.
23.3 Mediation. The parties may elect to engage in nonbinding mediation as a first alternative to arbitration or litigation. An election must be mutual and reflected in in a writing signed by both parties. Each party will bear its own costs in mediation and the parties will share equally between them all third party mediation costs unless the parties otherwise agree in a writing signed by the party agreeing to bear the costs.
23.4 Arbitration. Unless otherwise stated in this section, the parties will resolve any dispute arising out of these terms—including any question about its existence, validity, or termination—through binding arbitration under the rules of the British Virgin Islands Arbitration Act of 2013, which the parties incorporate into this section. A single arbitrator will preside over the arbitration and issue a final award on all issues submitted to the arbitrator. The parties will conduct the arbitration in the British Virgin Islands, and the language of the arbitration proceedings will be English. The arbitrator’s award will be final and binding on the parties. Either party may file an action in a court of competent jurisdiction to: (1) enforce this provision; (2) obtain injunctive relief; or (3) enforce the arbitrator’s award.
23.5 Waiver of Jury Trial. Both parties agree that as part of their consideration for this agreement, they waive the right to a trial by jury for any dispute arising between the parties related to the subject matter of this agreement. The parties further agree that 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.
23.6 Exception for Small Claims.As an alternative to arbitration, you may pursue your claim in a small claims court in your jurisdiction of residence, if the claim meets all of the requirements for the small claims court. If you elect to file a small claims action, the matters raised in the small claims action will not be subject to arbitration.
- Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
- Rights to Injunctive Relief
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.
- General Provisions
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 contact us at [email protected] and we will email you a copy.
26.3 Modifications. We may modify these terms if we believe necessary to operate the Website or protect our rights. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the effective date noted at the top of the modified terms. It is your responsibility periodically to check the Website to review the most current terms. While we will try to notify of any changes to these terms, we do not assume an obligation to do so. By continuing to use the Website after we post changes to these terms, the modified 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 stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at [email protected]
26.4 Assignment. We may assign these terms to an affiliate or third party without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment in violation of this provision will be void.
26.5 Waiver. If we do not enforce any right or provision in these terms, that 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 modified to the extent necessary to make it enforceable without losing its intent. If no modification 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 Representatives. These terms bind and inure to the benefit of the parties and their respective heirs, personal representatives, successors, and (where permitted) assignees.
26.9 Force Majeure. We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, 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 for so long as the event continues to delay our performance.
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 attorney fees incurred in enforcing these terms.
26.11(A)Sending Notice to Us. You may send notice to us by email, by calling our customer service department, or by writing to us at the locations shown on the Website. 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 the Website. Please check the customer support area of the 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 by posting the notice on a location on the Website designated for this purpose.
26.12 Authorization and Permission to Send Emails to You. If you have provided us with your email address, you authorize us to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult oriented material, sexual content and language, and images of nudity not suitable for minors. This authorization will continue until you request us to remove you from our email list.
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 us as 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 agree to be bound by any affirmation, assent, or agreement you transmit through this Website. You agree 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.
In these terms, unless otherwise stated or the context otherwise requires, the following usages will apply:
27.1 Actions permitted under these terms may be taken at any time and from time to time 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.”