TERMS AND CONDITIONS
The following Terms and Conditions govern your use and access to the footgirlnadine.com (“Network”) of websites (such sites are collectively referred to herein as the “Sites” and each individually a “Site”).
IMPORTANT! These Terms and Conditions also govern your membership to a Site (or Sites) if you become a member. By accessing, using, printing, installing, or downloading any material from any of the Sites, or becoming a member to any one of the Sites, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change by the Sites at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. If you do not agree to be bound by these Terms and Conditions, you may not enter any of the Sites, you must exit the Site immediately and you may not use or access any of the Sites or print or download any materials from them. You may use and access the Sites only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Sites. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
You are solely responsible for obtaining access to the Sites and that access may involve
I. Adult Entertainment
The Sites offer online entertainment services that may be deemed adult in nature and which may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content provided by these Sites, that you are not offended by such content and that you access the Sites freely, voluntarily and willingly.
II. Age of Majority
You represent and warrant you are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher (the “Age of Majority”), and that you have the legal capacity to enter into this agreement. If you have not attained the Age of Majority, you must exit the Sites immediately and may not use or access all or any part of the Sites
III. No Child Pornography
You understand that all models appearing on the Sites are, and were at the time of all recorded images, at least 18 years of age, and that the Sites contain no child pornography. We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. If you believe that you see any images, real or simulated, depicting minors engaged in sexual activity within the Sites, please report to firstname.lastname@example.org. Include with your report any appropriate evidence, including the date and time. All reports will immediately be investigated and the appropriate action will be taken. We enthusiastically 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 “http://www.asacp.org/” www.asacp.org.
IV. Protected Speech
You further acknowledge that the Sites contain only images protected by the First Amendment to the United States Constitution. If you are seeking obscenity or child pornography, please leave this Site immediately.
V. Trademark Information
The names of the Sites are the trademarks of Network (collectively, the “Network Marks”). All rights are reserved. 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. The Network Marks may not be used except with express written permission from Network, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Network.
The material and content accessible on the Sites, and any other World Wide Web site owned, operated, licensed, and/or controlled by Network (collectively, “Materials”) are the proprietary information and valuable intellectual property of Network or the party that provided the Materials to Network (collectively, the “Materials Owner”), and the Materials Owner retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Network, except that you may print out a copy of the Materials solely for your personal use. You may not for any reason, at any time 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 Materials. Modification or use of all or any portion of the Materials except as expressly provided in these Terms and Conditions violates Network’ intellectual property rights and may result in legal action against you for damages, including, without limitation, statutory damages. Neither title nor intellectual property rights are transferred to you by virtue of your access to the Sites. All content included on the Sites, 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 Network or its content suppliers and is protected by United States and international copyright laws. The compilation of content on each Site is the exclusive property of Network or its content suppliers and protected by
VII. Access to Sites, License to View Materials
To access the Sites or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of these Sites that all information you provide will be correct, current, and complete. If Network believes the information you provide is not correct, current, or complete, Network has the right to refuse you access to these Sites and/or any of its
VIII. Restrictions on Use of Sites
You may only use the Sites for purposes expressly permitted by the Sites. You may not use the Sites for any other purpose, including, without limitation, any commercial purpose or on any third party website, without Network’ express prior written consent. Without the express prior written authorization of Network, you may not: (a) duplicate a Site or any of the Materials contained therein (except as expressly provided above in Section VII); (b) create derivative works based on a Site or any of the Materials contained therein; (c) use the Sites or any of the Materials contained therein for any commercial purpose, or for any public display, public performance, sale or rental or
You are responsible for providing all equipment and the computer necessary to access the Sites. You may access the non-public portion of any Site only by being a member in good standing to that Site. You may become a member of a Site by completing an online registration form. Upon submission of the online registration form, Network or its authorized agent will process the application. In connection with completing the online registration form, you agree
B. Member Account, Password and Security
As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to any Site to anyone who is below the age of majority in your state. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password.
You agree to pay all membership fees when due according to the billing terms. Network posts the current membership fees for each Site as part of the registration process. Network reserves the right to change any Site’s membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. Network reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorney’s fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a
D. Billing Errors
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.
E. Refund Policy
F. Download Limit
We reserve the right to restrict the
You may cancel your membership at any time through the third party who is processing your fees. Links to these
Network may terminate your access to a Site at any time, with or without advance notice, if: (a) Network believes that you have breached any material term of these Terms and Conditions, (b) if you fail to pay any amount due by the payment due date; or (c) Network decides to cease operations or to otherwise discontinue any of the Sites. Further, you agree that neither Network nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the Sites. You agree that if your account is terminated by Network, you will not attempt to re-register as a member without prior written consent from Network.
XI. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITES AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. publicpovporn.com MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES publicpovporn.com MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND THAT publicpovporn.com CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. publicpovporn.com DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. publicpovporn.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTION ENTERED INTO THROUGH THE SITES AND IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XII. Limitation of Liability
IN NO EVENT SHALL publicpovporn.com (OR ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE THE SITES OR ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF publicpovporn.com HAS BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS IS FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF publicpovporn.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL publicpovporn.com’S MAXIMUM TOTAL AGGREGATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Network, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, 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 use, misuse, or inability to use the Sites or any of the Materials contained therein, or your breach of any of these Terms and Conditions.
XV. Notice of Claimed Infringement
Network respects the intellectual property of others, and we ask our users to do the same. 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 Network’ Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on a Site;
(d) your address, telephone number, and email address;
(e) 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
(f) 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:
Please do not
XVI. Notice and Takedown Procedures
Network reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. Network reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.
XVII. Force Majeure
Network shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay Network’ performance.
XVIII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the Czech Republic, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the courts located in the Czech Republic. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the courts located in the Czech Republic.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this
The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.
Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and Network hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it.
This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.
The obligation to arbitrate is not binding upon Network with respect to claims relating to its trademarks, service marks, patents, copyrights, or
The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator’s fees, attorneys’ fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any.
You and Network each
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
F. Attorney’s Fees
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.
G. No Waiver
No waiver of Network shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.
Network reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. In the event of a change to these Terms that substantially limits your rights hereunder, Network will provide you with written notice prior to such changes taking effect. Your continued use of a Site following Network’ posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Unless accepted by Network in writing, these Terms and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed
L. Other Jurisdictions
TERMS AND CONDITIONS