TERMS OF USE AGREEMENT

Effective Date: January 2, 2020
Last Updated: January 2, 2020

Your Use of This Website is Governed By These Terms of Use

 Please read these Terms of Use carefully before engaging with This Site because they affect your legal rights and obligations.

 

Who We Are

The Site is owned and operated by Flex Pump Shoot LLC, a California limited liability company, and it and its and its subsidiaries and affiliates shall be referred to herein as “the LLC.”  Please forward any comments or concerns about the Site to the LLC at business-reply@alphafitnessmen.com.

 

Definitions

The term “Site” as used herein is meant to include https://flexpumpshoot.com/ and all the pages and subpages included therein. 

The term “Content” means all data, text, software, music, sound, photographs, graphics, video, messages or other information or materials of any kind that can be found on the Site.

The term “Services” means all resources (including Content) provided via or available on the Site at any time.

You will be referred to herein as “You” or “User.” 

 

Your Acceptance of These Terms of Use

The following terms and conditions, together with any documents expressly incorporated herein by reference (“Terms of Use”) govern your use of and your access to the Site, including any Content, functionality and Services offered on or through the Site, whether You are a Member, as defined herein,  a registered user or a non-registered user. 

These Terms of Use apply to the Site, web pages found therein or that you may be directed to, interactive features, applications, widgets, blogs, social networks, social network “tabs” or other online or wireless offerings that post a link to these Terms of Use, whether accessed via computer, mobile device or other technology, manner or means.

THESE TERMS & CONDITIONS CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS.

Please familiarize yourself with the Terms of Use.  If you do not understand all of these Terms of Use you should consult an attorney before agreeing to the Terms of Use or Privacy Policy.  Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site.

 

If at any time you do not accept all of these Terms of Use, you must immediately stop using the Site.

You consent to agreeing to these Terms of Use electronically, and to storage of records related to these Terms of Service in electronic form.  When using the Site, you shall be subject to any posted rules, community guidelines or policies, which are hereby incorporated by reference into these Terms of Use.

 

If at any time you do not accept all of these Terms of Use, you must immediately stop using the Site.

Content

All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively “Content”) is owned or licensed property of the LLC and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of the LLC and protected by U.S. and international copyright laws. The LLC and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

License and Access

The LLC grants You a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms of Use including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms of Use.

IF YOU PURCHASE INTELLECTUAL PROPERTY FROM THE SITE, including videos or photographs, YOU agree that you are purchasing a limited personal use license only, and that you have not acquired any ownership rights or right to exploit the purchased materials outside of your own personal use.

The Site is intended only for use by individuals 18 years of age or older. By using this Site, You represent and warrant that You are of legal age to form a binding contract and You meet all of the foregoing eligibility requirements. You agree and affirm that you are accessing and viewing the Site, Content and Services from a location and jurisdiction where the access and use of the Content and Services is not otherwise prohibited by law.  If you do not meet all of these requirements, you must not access or use the Site. The LLC does not assume any responsibility or liability for any misrepresentations regarding a User’s age.

 

About this Site and its Content and Services

All Content displayed on the Site is understood by the LLC to be protected by the First Amendment and other constitutional provisions and state constitutional provisions.  You acknowledge that the Site may offer Content that could be deemed “adult” or “erotic” in nature. Additionally, you are on notice that some of the Content presented on the Site may contain graphic visual depictions, graphic audio, and descriptions of sexually oriented, explicit activities. You acknowledge that you are aware of the nature of the Content provided by the Site, that you are not offended by such Content, that you access the Site freely, voluntarily, and willingly. You also acknowledge that this Site is intended to contain only images protected under the law.

The Site is for your personal use and shall not be used for any commercial endeavor – except those specifically endorsed or approved by the Site.

This Site is not responsible for the accuracy, usefulness, fitness for a particular purpose, safety, or intellectual property rights of or relating to any Content or Services. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Site and its owner with respect thereto, and agree to indemnify and hold the Site, its site operator, its parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site. 

 

Additional Restrictions and Limitations

  1. Users are prohibited from using this Site to conduct or seek information about or engage in any activity prohibited by law.
  1. You agree not to act in a manner that negatively affects other Users’ ability to use the Site, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence to people or animals, harassing in any manner, including but not limited to derogatory comments related to sex, sexual orientation, gender identity, race, ethnicity, class or physical or mental ability, stalking, invasive of another’s privacy, or that is otherwise objectionable;
  1. Your use of the Site and its Services shall serve as your acknowledgement of receipt, and your consent to the Site’s Privacy Policy.

 

  1. You agree not to interfere with the Site’s functionality, including but not limited to:

 

  1. You agree not to use communication tools to send unsolicited advertising, promotions or spam; to harass or abuse other users; to contact users after explicit requests to not do so; or to interfere with transactions or business of another user.
  2. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses This Site in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser, for purposes that include but are not limited creating user accounts r to otherwise Interfere with or disrupt the Content or Services or servers or networks connected to the Content and/or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
  3. You agree not to upload, post, or otherwise transmit links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of This Site.
  4. You agree not to circumvent, disable or otherwise interfere with security-related features of This Site, including features that prevent or restrict use or copying of content or enforce limitations on use of This Site or the Content therein.

 

  1. You agree not to collect or harvest any personally identifiable information from This Site.

 

  1. You agree not to solicit, for commercial purposes, any users of This Site or individuals appearing in the Content and agree not to send, create or reply to “mailbombs” (emailing copies of a single message to many users) or engage in “spamming” (unsolicited emailing for business or other purposes).

 

  1. You agree that you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from the Site or its Contents, and not to use any automatic device or manual process to monitor or reproduce the Site, or use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it.

 

  1. You Agree not to complete orders or transactions outside the Site’s purchasing/ordering system. This is considered fee avoidanceand may result in the suspension or termination of your account. All orders on the Site must be placed through the Site’s purchasing/ordering system.

 

  1. You will not use the Service to infringe on any privacy right, property right, or other civil right of any person, and specifically, agree not to initiate any contact whatsoever with the models that appear in the Content or otherwise are displayed on the Site.

 

  1. Use of the Site to arrange face-to-face meetings for the purpose of engaging in illegal activity is strictly prohibited and will subject your account and/or Membership to immediate termination and possibly other legal action

 

  1. You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting or sharing of any message, picture or recording, which contains may be libelous, slanderous, harassing, abusive or contain defamatory statements; or racist, obscene, offensive or other language which is not in accordance with your local laws and community standards;

 

  1. You will not use the Service to distribute, promote or otherwise publish any material that constitutes or contains solicitation of funds, advertising or solicitation for goods or services;

Your access to the Service is for your own personal use only.

 

  1. You may not allow others to use the Service using your account(s) and you may not transfer your account(s) to any other person;

 

Membership

Users may apply to purchase a monthly membership to the Site by emailing business-reply@alphafitnessmen.com. 

Membership is required in order to purchase Content from the Site.  Even in your capacity as a Member, You understand that IF YOU PURCHASE INTELLECTUAL PROPERTY FROM THE SITE, including videos or photographs, YOU agree that you are purchasing a limited personal use license only, and that you have not acquired any ownership rights or right to exploit the purchased materials outside of your own personal use.  

Costs for Membership include an initial non-refundable membership fee of $250.00 and an ongoing monthly membership fee of $50.00.

 

There are no refunds.

Applications for Membership will be accepted only on satisfactory verification by the LLC of the potential member’s identity. This will include valid proof of government issued identification; confirmation of valid IP address; and may be subject to other specifications.  Validation materials will be held in the Member’s file pursuant to the Privacy Policy. 

Monthly Membership fees may be applicable for credit toward verified purchases. 

Members are forbidden from attempting to communicate or making any contact with the models contained and depicted in the Works without the express permission of the LLC.  Violation of this provision shall result in an automatic $250.00 penalty that is non-refundable.

 

Members are forbidden from attempting to communicate or making any contact with other members without the express permission of the LLC.  Violation of this provision shall result in an automatic $250.00 penalty that is non-refundable.

 

Violation of these Terms of Use will result in termination of membership with no refund, in addition to potential fines and other legal action.

 

You may cancel your membership with 30 days written notice.  Membership fees and penalties must be paid in full prior to your membership cancellation becoming effective (and you will continue to accrue monthly charges until your account is fully paid).

 

The LLC may cancel your membership at anytime, with or without notice to you.  You will be required to pay any outstanding fees and penalties on termination.

 

 

Revisions

 

The LLC may revise these Terms of Use at any time and for any reason, with or without notice, and you agree that your use of This Site after any such changes will constitute Your acceptance of any such changes. You can determine when the Terms of Use were last revised by referring to the “Last Revised” date under the title Terms of Use. Changes to the Terms of Use will not be applied retroactively.

 

Accessing the Site

To access the Site or its Content it has to offer, you may be asked to provide certain registration details or other information. It is a condition of Your use of this Site that all information you provide will be correct, current, and complete.

If the Site or its owners and administrators believes the information you provide is not correct, current, or complete, The LLC has the right to refuse you access to the Site and to terminate or suspend your access, including your Membership, at any time.

You also agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and, you must not disclose it to any other person or entity and you are fully responsible for all activities that occur under your user name or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by contacting us at: business-reply@alphafitnessmen.com.

You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Site will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Site or others due to such unauthorized use.

If you interact with us or with third-party service providers, and you provide information, including account or credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third party services. In the event you use our Site over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees will still apply.

 

You understand and agree that you, as the User, are solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

 

You understand and agree that The LLC may discontinue or restrict your use of the Site at any time for any reason, including for no reason, and with or without notice.  The LLC also has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

You agree and consent to receive email messages from us which may be administrative, and which may contain promotions or special offers from us or third party partners.

 

Intellectual Property and Limited, Conditional Use License

This Site and the aforementioned names of the Sites are service marks and/or trademarks of The LLC and its owners and affiliates. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. The Site’s marks, logos, domains, and trademarks may not be used publicly except with express written permission from The LLC and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Site.  You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of the Site or vice versa.

The Site, Content, Services, and other materials available on or through the Site is owned, authored, created, purchased, or licensed by THE LLC (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Site.

Subject to these Terms of Use and in consideration of using the Site, The LLC hereby grants you a limited, nonexclusive, nontransferable personal license to access and use the Site and the Content contained therein for personal non-commercial use only.   Users of this Site are granted a single copy license to view Content on a single computer only.  All Content on the Site shall be for private non-commercial use only, and all other uses are strictly prohibited.  The LLC reserves the right to limit the amount of Content viewed by Users. You agree to prevent any unauthorized copying of the Site and its Contents. Any unauthorized use of the Site or any of the Content contained therein terminates this limited license effective immediately. This license is to use and access the Site for its intended purpose only, and is not a transfer of title or any ownership rights. You represent and warrant that you will not allow any minor access to this Site.

You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Site and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your license and constitute copyright infringement.

The Site provides embeddable features which you may incorporate into your own websites for use in accessing the Content on the Site. You may not modify, build upon or block any portion or functionality of the embeddable features in any way, including but not limited to links back to the Site.

The LLC reserves the right to terminate this or any license granted to Users at any time if you breach or violate any provision of these Terms of Use, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this Site.  Violators of this limited license as it is described in this section may be prosecuted to the fullest extent under the applicable law.

The Content and Services, including but not limited to the software, music, sound, videos and other material available on this Site, are the property of The LLC. You agree not to duplicate, download, upload, distribute, reproduce, modify, display, post, transmit, sell or otherwise exploit/share the Content, including but not limited to the materials, videos, and other intellectual property from the Site (or any third party providers).

 

You are granted a limited license to view the Content of the Site, in the privacy of your own home only, and for personal use only. This limited license terminates if you breach any of these Terms of Use.

 

Copyright Information

The Content accessible from the Site, and any other World Wide Web Site owned, operated, licensed, or controlled by The LLC is the proprietary information and valuable intellectual property of The LLC or the party that provided the Content to The LLC.  The LLC or the party that provided Content to The LLC retain all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of The LLC except that you may print out a copy of the Content 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. Modification or use of the Content except as expressly provided in these Terms of Use violates The LLC’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site. All Content included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of The LLC or its Content suppliers and is protected by United States and international copyright laws. The compilation of all Content on the Site is the exclusive property of The LLC or its Content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.

DMCA Notice of Copyright Infringement

The LLC takes claims of copyright infringement seriously, as it respects the intellectual property of others and require that Users to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The LLC’s Designated Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. Description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement to:
Alex Austin
Austin Law Group
1811 Folsom Street
San Francisco CA 94103

E-mail: austin@austinlawgroup.com

 

Please do not send other inquiries or requests to our designated copyright agent. Absent prior express permission, our designated copyright agent is not authorized to accept or waive service of formal legal process, and any agency relationship beyond that required to receive valid DMCA Notices or Counter-Notices (as defined below) is expressly disclaimed.

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on this Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

The copyright owner’s name will be published on the Site in place of disabled content. This will become part of the public record of your DMCA Notice, along with your description of the work(s) allegedly infringed. All the information provided in a DMCA Notice, the actual DMCA Notice (including your personal information), or both may be forwarded to the uploader of the allegedly infringing content. By submitting a DMCA Notice, you consent to having your information revealed in this way.

Notice and Takedown Procedures

The LLC implements the following “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement.

It is the firm policy of The LLC to terminate the account of repeat copyright infringers, when appropriate, and The LLC will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (”DMCA”). The DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply with three requirements for identifying content that is infringing according to §512 of the DMCA, The LLC shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, The LLC will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The LLC reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms of Use to stay current on any such changes.

The LLC reserves the right at any time to disable access to, or remove any material or activity accessible on or from the Site or any Content claimed to be infringing or based on facts or circumstances from which infringing activity is apparent

Download License

If the Site allows you to download or otherwise copy Content, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to these specific terms and conditions (the “Download License”). Under this Download License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Site and Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Download License and constitute copyright infringement. At the expiration of your Download License or the termination of these Terms of Service, you will delete or otherwise dispose of all copies of Works in your possession.

The LLC reserves the right to terminate this and any license granted to you at any time if you breach or violate any provision of these Terms of Use, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this Site.  Violators of this limited license as it is described in this section, may be prosecuted to the fullest extent under the applicable law.

Fees and Return Policy

You acknowledge that the Site reserves the right to charge for its content and Services and to change its fees from time to time, in its discretion.

 

If you believe that you have been erroneously charged, please notify The LLC immediately of such error, and the following shall apply:

 

  1. If the LLC does not receive written notice from you within thirty (30) days after such alleged billing error is incurred by You, such payment and fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You hereby agree to release The LLC from any and all liabilities and claims of loss resulting from any billing error or payment discrepancy that is not reported to us in writing within thirty (30) days of the fee being incurred.
  2. Timely receipt of a request to review the alleged billing error will result in review by the LLC, and a determination as to the veracity of the allegation within a reasonable time.
  3. You understand and agree that a Chargeback, or a reversal of any fee paid by You to The LLC, is and will be considered a breach of these Terms of Use and may and likely will result in immediate termination of your User Account. In the event that an account is terminated for this reason, it is within The LLC’s sole discretion to allow that User to create a new account or to revive their terminated account.

In the event the Site terminates your rights to use the Site because of a breach of these Terms of Use (i) You shall not be entitled to the refund of any fees; and (ii) You agree to pay all amounts due to us immediately upon cancellation or termination of your account, including chargebacks and any costs or fees associated therewith.

 

The LLC reserves the right to make changes to our fees and billing methods with or without prior notice to You, at any time, and by revising these Terms of Use.  It is Your responsibility to review these Terms of Use to ensure that You are aware of any such updates.

 

You, the User, will be solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s or Member’s access to the Internet, and (3) pay any fees relate with such connection.

 

Monitoring and Enforcement; Termination

 

The LLC has the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use. If you violate the letter or spirit of these Terms of Use or otherwise create risk or possible legal exposure for us, we can terminate access to the Site or stop providing all or part of the Site to you.  Flex Pump Shoot LLC will not be liable to You or any third party for any reason upon termination of your Membership;

The LLC has the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site;

 

Without limiting the foregoing, the LLC has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Site.

 

YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATOR, ITS PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

Disclaimer

You use the Site at your sole risk. We provide the Site “as is” and “as available”. To the fullest extent permitted by law, the Site, its Site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to the site and goods or services purchased and obtained through the Site, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the Site.

We make no warranty or representation about the accuracy or completeness of this Site’s Content or the content of any sites linked to this Site or that the Site will meet your requirements and assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site or our services, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the site or our services, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site or our services by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the site or our services. The Site does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or our Services or any hyperlinked services or featured in any banner or other advertising, and, the Site will not be a party to or in any way be responsible for monitoring any transaction between you and third-party 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.

No information obtained by You from The LLC or through the Site shall create any warranty not expressly stated in these Terms of Use.

Limited Liability

The LLC, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

 

  1. IN NO EVENT SHALL THE LLC, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE’S SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  2. YOU SPECIFICALLY ACKNOWLEDGE THAT THE LLC, SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
  3. THE SERVICE IS CONTROLLED AND OFFERED BY THE LLC FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE LLC MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

 

Indemnity

You agree to defend, indemnify, and hold harmless the LLC, the Site, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Site or any of the Content contained therein, or your breach of any of these Terms of Use.

Modifications and Interruption to Service

The LLC reserves the right to modify or discontinue the Site with or without notice to users and shall not be liable to user or third party should The LLC exercise its right to modify or discontinue the Site or any part of the Service.  You accept that The LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

This Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. The Site has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Site will not and cannot censor or edit the content of any third-party site. You acknowledge that The LLC is not responsible for the availability of, or the content located on or through, any third-party site.  Moreover, by using the Site you expressly relieve it from all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Site and to read the terms, conditions, and privacy policy of each other website that you visit.

 

Insofar as the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only and the resources and services provided by third-parties are not under the control of The LLC. You agree that the Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such third-parties, or as the result of their presence on the Site.

 

No Agency Relationship

Nothing in these Terms of Use Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

 

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by The LLC, in our sole discretion, to a third party in the event of a merger or acquisition. The Terms of Use, our Privacy Policy, our Copyright Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.  These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Governing Law

These Terms of Use, your use of the Site, and the relationship between you and The LLC, whether sounding in contract, tort or otherwise, shall be governed by the laws of the state of California, without regard to conflict of law rules and excluding that State’s choice of- law principles. You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive Site that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate court located in California. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.

Any claim by you that may arise in connection with these Terms of Use will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.

 

2257 Compliance Statement

18 U.S.C. §2257 Records Keeping Requirements Compliance Statement

Any record required to be kept pursuant to the above referenced regulation are maintained properly and in compliance.

All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, this Website were over the age of eighteen (18) years at the time the visual image was produced. Records required by Title 18 U.S.C. §2257 are on file with the appropriate Records Custodian.

All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §2257, 2257A and/or 28 C.F.R. 75, because 1) they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2)(A) (i) through (iv), 2) they do not portray conduct as specifically listed in 18 U.S.C. section 2257A, 3) they do not portray conduct listed in 18 U.S.C. section 2256(2)(A)(v) produced after July 27, 2006, or 4) are otherwise exempt because the visual depictions were created prior to July 3, 1995.

All records required to be maintained by federal law are in the possession of Custodian of Records:

2257Snap.com

10916 SE Lenore St.

Happy Valley, OR 97086

This location information supersedes all prior locations recorded for this business.