Last Updated: December 16, 2019
CPMXFiles LLC (the “Company”),
welcomes you to Sexymomma.com
It is important to the Company that you and other visitors have the
best possible experience while using the Website, and that, when you
use the Website, you understand your legal rights and obligations.
Please read this terms-of-service agreement, which is a legal
agreement between you and the Company that governs your access to and
use of the Website, including any content, functionality, and
services offered on or through the Website. Your access to the
Website is on the condition that you agree to this agreement. Please
pay special attention to the following: (1) disclaimer
of warranties (section 14);
(2) limit on
liability and exclusion of damages (sections 15
for resolving disputes (section 19.2);
arbitration (section 20.1);
action waiver (section 20.5);
and (6) limitation
on time to file disputes (section 20.6).
Notice: In accordance
U.S.C. § 230(d),
you are notified that parental control protections (including
computer hardware, software, or filtering services) are commercially
available that may help in limiting access to material that is
harmful to minors. You may find information about providers of these
protections on the Internet by searching “parental control
protection” or similar terms.
Age Restriction: Only adults (1) who are
at least 18-years old and (2) who have reached the age of majority
where they live may access the Website. The Company forbids all
persons who do not meet these age requirements from accessing the
Website. If minors have access to your computer, please restrain
their access to sexually explicit material by using any of the
following products, which the Company provides for informational
purposes only and does not endorse: CYBERsitter™
Recurring Memberships: Unless
stated otherwise, memberships automatically renew under this
agreement unless you cancel before the end of your term. To
cancel your membership, contact the payment processor you signed up
through. On renewal, your payment method
will automatically be charged at the rate in effect at the time you
originally signed up.
- The Website
allows you to purchase access to digital content, including videos
for streaming or download or both. To view the videos, you will
need a personal computer, tablet, phone, or other device that meets
the Website’s system and compatibility requirements. When
streaming, the resolution and quality of the video you receive will
depend on a number of factors, including your Internet bandwidth,
which may fluctuate while a video is being streamed.
agreement applies to all users of the Website, whether you are a
“visitor” or a “registered user.” By
clicking on the “I Agree” button on the warning page,
checking the appropriate box during sign up, purchasing a premium
membership or content, or accessing any part of the Website, you
agree to this agreement. If you do not want to agree to this
agreement, you must leave
the Website. If you breach any part of this
agreement, the Company may revoke your license to access the
Website, block your access, and terminate your account (if you have
Company may change this agreement on one or more occasions by
updating this page. The top of this page will tell you when the
Company last updated this agreement. Changes will take effect on
the “last updated” date stated on the top of this page.
Changes will not operate retroactively. The Company will try to
notify you when it changes this agreement if it can do so in a
reasonable manner. But you should frequently check this page to
make sure that you are operating under the most current version of
this agreement. The Company will consider your continued use of the
Website after it posts the changes as your acceptance of the
changes even if you do not read them. If you do not agree to the
changes, your sole remedy is to stop accessing the Website.
- If you have
any questions or comments about this agreement or about the
Website, please contact the Company at
Adult-Oriented Content and Affirmative Representations. The
Website contains uncensored sexually explicit material unsuitable
for minors. Only adults (1) who are at least 18-years old and (2)
who have reached the age of majority where they live may access the
Website. If you do not meet these age
requirements, you must not access the Website and must
leave now. By accessing the Website, you
state that the following facts are accurate:
- You (1) are
at least 18-years old, (2) have reached the age of majority where
you live, and (3) have the legal capacity to enter into this
information you provided to the Company is accurate, and you will
promptly update this information when necessary to make sure that
it remains accurate;
- You own (or
have permission to use) the credit card you pay with and authorize
the Company (or its authorized payment processor) to charge the
credit card according to your purchase;
- You are aware
of the adult nature of the content available on the Website, and
you are not offended by visual images, verbal descriptions, and
audio sounds of a sexually oriented nature, which may include
graphic visual depictions and descriptions of nudity and sexual
- You are
familiar with your community’s laws affecting your right to
access adult-oriented materials, including sexually explicit
material depicting bondage, S/M, and other fetish activities;
- You have the
legal right to access adult-oriented materials, including sexually
explicit material depicting bondage, S/M, and other fetish
activities, and the Company has legal right to transmit them to
- You are
voluntarily requesting adult-oriented materials for your own
- You are not
accessing the Website from a place, country, or location in which
doing so would, or could be considered a violation of any law;
- You will not
share these materials with a minor or otherwise make them
available to a minor; and
- By accessing
the Website, you will have released and discharged the providers,
owners, and creators of the Website from all liability that might
Accessing the Website. The Company may withdraw or amend this
Website, and any service or material it provides on the Website, in
its sole discretion without notice. The Company will not be liable
if for any reason all or any part of the Website is unavailable at
any time or for any period. From time to time, the Company may
restrict access to some parts of the Website, or the entire Website,
to users, including registered users. You are responsible for making
all arrangements necessary for you to have access to the Website.
Creation. You must complete
the registration process by providing the Company with accurate
information as prompted by the registration form. You must also
choose a password and a username.
for Account. You are
responsible for maintaining the confidentiality of your password
and account. Further, you are responsible for all activities that
occur under your account. You will promptly notify the Company of
any unauthorized use of your account or any other breach of
for Account Misuse. The Company will not be liable for any loss
that you may incur as a result of someone else using your password
or account, either with or without your knowledge. You could be
held liable for losses incurred by the Company or another party due
to someone else using your account or password.
- Use of
Other Accounts. You must not use anyone else’s account at
Security. The Company cares about the integrity and security of
your personal information. But the Company cannot guarantee that
unauthorized third parties will never be able to defeat the
Website’s security measures or use any personal information
you provide to the Company for improper purposes. You acknowledge
that you provide your personal information at your own risk.
Preferences. By registering for an account, you consent to
receiving electronic communications from the Company relating to
your account. These communications may involve sending emails to
your email address provided during registration or posting
communications on the Website and will include notices about your
account (e.g., payment authorizations, change in password or
payment method, confirmation emails, and other transactional
information) and are part of your relationship with the Company.
You acknowledge that any notices, agreements, disclosures, or other
communications that the Company sends to you electronically will
satisfy any legal communication requirements, including that these
communications be in writing. The Company recommends that you keep
copies of electronic communications by printing a paper copy or
saving an electronic copy. You also consent to receiving certain
other communications from the Company, including newsletters about
new features and content, special offers, promotional
announcements, and customer surveys via email or other methods. You
acknowledge that communications you receive from the Company may
contain sexually explicit material unsuitable for minors. If you no
longer want to receive certain non-transactional communications,
please review the Privacy
opting out of marketing communications.
The Website and its entire contents, features, and
functionality (including all information, software, text, displays,
images, video, and audio, and the design, selection, and
arrangement of it) are owned by the Company, the Company’s
licensors, or other providers of that material and are protected by
copyright, trademark, patent, trade secret, and other intellectual
property or proprietary rights laws.
License Grant. This agreement grants you a nonexclusive,
nonsublicensable, nontransferable, limited license to use the
Website and any purchased content for your personal, noncommercial
use only. You must not reproduce, distribute, modify, create
derivative works of, publicly display, publicly perform, republish,
download, store, or transmit any of the material on the Website,
except as follows:
computer may temporarily store copies of those materials in RAM
incidental to your accessing and viewing those materials.
- You may
store files that are automatically cached by your Web browser for
display enhancement purposes.
- You may
print or download one copy of a reasonable number of pages of the
Website for your own personal, noncommercial use and not for
further reproduction, publication, or distribution.
- You may
download or stream any audiovisual content to which you have
properly gained access solely for your personal, noncommercial use
and not for further reproduction, publication, or distribution.
- If the
Company provides desktop, mobile, or other applications for
download, you may download a single copy to your computer or
mobile device solely for your own personal, noncommercial use, on
condition that you agree to be bound by the Company’s end
user license agreement for those applications.
- If the
Company provides social media features with certain content, you
may take those actions as are enabled by those features.
- You must
any purchased content unless authorized by the Company in
copies of any materials from this Website.
- Use any
illustrations, photographs, video or audio sequences, or any
graphics separately from the accompanying text.
- Delete or
alter any copyright, trademark, or other proprietary rights
notices from copies of materials from this Website.
- You must not
access or use for any commercial purposes any part of the Website
or any services or materials available through the Website.
- If you
print, copy, modify, download, stream, or otherwise use or provide
any other person with access to any part of the Website in breach
of this agreement, your right to use the Website will stop
immediately and you must, at the Company’s option, return or
destroy any copies of the materials you have made. No interest in
or to the Website or any content on the Website is transferred to
you, and the Company reserves all rights not expressly granted.
Any use of the Website not expressly permitted by this agreement
is a breach of this agreement and may violate copyright,
trademark, and other laws.
Trademarks. The Company’s name; the term SEXYMOMMA; the Company logo; the Website logo; and all related
names, logos, product and service names, designs, and slogans are
trademarks of the Company or its affiliates or licensors. You must
not use those marks without the Company’s prior written
permission. All other names, logos, product and service names,
designs, and slogans on this Website are the trademarks of their
- You must use
the Website only for lawful purposes and in accordance with this
agreement. You must use the Website:
- In any way
that violates any applicable federal,
state, local, or international law or regulation (including any
laws regarding the export of data or software to and from the US
or other countries).
the purpose of exploiting, harming or attempting to exploit or
harm minors in any way by exposing them to inappropriate content,
asking for personally identifiable information or otherwise.
transmit, or procure the sending of, any advertising or
promotional material without the Company’s prior written
consent, including any “junk mail”, “chain
letter,” or “spam” or any other similar
impersonate or attempt to impersonate the Company, a Company
employee, another user, or any other person or entity (including
by using email addresses or screen names associated with any of
engage in any other conduct that restricts or inhibits anyone’s
use or enjoyment of the Website, or which, as determined by the
Company, may harm the Company or users of the Website or expose
them to liability.
you must not:
the Website in any manner that could disable, overburden, damage,
or impair the site or interfere with any other party’s use
of the Website, including their ability to engage in real time
activities through the Website.
any robot, spider, or other automatic device, process, or means to
access the Website for any purpose, including monitoring or
copying any of the material on the Website.
any manual process to monitor or copy any of the material on the
Website or for any other unauthorized purpose without the
Company’s prior written consent.
any device, software or routine that interferes with the proper
working of the Website.
any viruses, trojan horses, worms, logic bombs, or other material
which is malicious or technologically harmful.
to gain unauthorized access to, interfere with, damage, or disrupt
any parts of the Website, the server on which the Website is
stored, or any server, computer, or database connected to the
the Website via a denial-of-service attack or a distributed
attempt to interfere with the proper working of the Website.
on Notice. Either party may terminate this agreement at any
time by notifying the other party.
by the Company. The Company may suspend, disable, or terminate
your access to the Website (or any part of it) if it determines
that you have breached this agreement or that your conduct would
tend to damage the Company’s reputation and goodwill. If the
Company terminates your access for any of these reasons, you must
not access the Website. The Company may block your email address
and IP address to prevent further access.
- Effect of
Termination. On termination, your right to access the Website
and all licenses granted by the Company terminates. Termination of
your access to the Website will not relieve you of any obligations
arising or accruing before termination or limit any liability that
you otherwise may have to the Company or any third party. You
are solely responsible for making sure that any recurring billing
is cancelled. To cancel recurring billing, please contact the
payment processor you signed up through.
This agreement’s provisions that by their nature should
survive termination will survive termination, including ownership
provisions, warranty disclaimers, and limitations of liability.
Changes to the Website. The Company may update the Website’s
content from time to time, but its content is not necessarily
complete or up to date. Any of the Website’s material may be
out of date at any given time, and the Company is not required to
update that material.
Information About You and Your Visits to the Website. For
information about how the Company collects, uses, and shares your
personal data, please review the Privacy
Premium Membership, Trial Memberships, Billing, and Cancellation
Membership. Your premium membership, which may start with a
trial membership, will continue month-to-month (or any longer term
selected) and automatically renew unless you cancel your
membership (or your membership is nonrecurring) or the Company
terminates it. You must have Internet access and provide the
Company with a current, valid, accepted method of payment. The
Company or its authorized payment processor will bill the
membership fee to your chosen payment method. You must cancel your
premium membership before it renews each term to avoid billing of
the next term’s premium membership fees to your chosen
Memberships. The Company may offer several membership plans,
including special promotional plans or memberships with differing
conditions and limitations. Any material different terms from
those described in this agreement will be disclosed at your signup
or in other communications made available to you.
Memberships (If Offered).
Your premium membership may start with a trial. The trial
period of your premium membership lasts for the period specified
during signup. The Company or its payment processor will begin
billing your payment method for monthly membership fees at the end
of the trial period of your premium membership, and your premium
membership will automatically renew monthly unless you cancel
before the end of the trial period. The Company or its payment
processor may authorize your payment method through various
methods, including authorizing it up to approximately one month of
service as soon as you register. In some cases, your available
balance or credit limit may be reduced to reflect the authorization
during your trial period. The Company or its payment processor will
continue to bill your payment method monthly for your premium
membership fee until you cancel.
Billing. By starting your premium membership and
providing or designating a payment method, you hereby authorize
the Company or its payment processor to charge you a premium
membership fee at the rate in effect when you originally signed
up, and any other charges you may incur in connection with your
use of the Website, such as taxes or possible transaction fees.
Your premium membership will continue for
the length of the initial term you select, and, at the end of your
prepaid initial term, it will automatically renew for additional
prepaid periods of the same length. You must cancel your premium
membership before it renews to avoid billing of the next term’s
premium membership fees to your payment method. Your
account will automatically be charged at the rates in effect at
the time you originally signed up.
Changes. The Company may adjust pricing for its service or any
components of it in any way and at any time as it may determine in
its sole discretion. Any price changes will not affect your
current membership (including any renewals) unless the Company
gives you 30-days advance email notice to you.
Cycle. The membership fee will be billed at the beginning of
the initial term of your premium membership and every 30 days
afterwards until you cancel your premium membership (unless you
selected one-time charge when you purchased your premium
membership). The Company or its payment processor automatically
bills your payment method every 30 days. Membership fees are fully
earned on payment.
Disputes. If you believe that the Company has charged you in
error, you must notify the Company in writing no later than 30
days after you receive the billing statement in which the error
first appeared. If you fail to notify the
Company in writing of a dispute within this 30-day deadline, you
waive any disputed charges. You must submit any billing
disputes in writing to
and include a detailed statement describing the nature and amount
of the disputed charges. The Company will correct any mistakes in
a bill and add or credit them against your future payments.
You are liable to the Company for any credit card chargebacks
or related fees that the Company incurs on your account. If
you fail to pay the Company for any credit card chargeback or
related fees no later than 30 days after its initial demand for
payment, you will pay the Company $100 in additional liquidated
damages, plus any costs the Company incurs for each chargeback or
Refunds. The Company considers all
purchases final when made, except that the Company may approve a
refund in the form of a credit on request if exceptional
circumstances exist. If you believe exceptional circumstances
exist, please contact the Company at
and explain the exceptional circumstances that you believe merits
a refund. The Company is not making any promise that it will give
you a refund. If the Company gives you a refund, the Company will
issue the refund in the form of a credit to the payment method you
used for your purchase; the Company will not make refunds in the
form of cash, check, or free services. The provision of a refund
in one instance does not entitle you to a refund in the future for
similar instances; nor does it obligate the Company to provide
refunds in the future, under any circumstance.
You may cancel your premium membership at any time, and you
will continue to have access to the Website through the end of
your membership term. The Company does not provide refunds or
credits for any partial-month membership periods. To
cancel your premium membership, you may visit epoch.com
or call +1-800-893-8871 in the US & Canada or +1-310-664-5810
if outside the US.
Links from the Website. If the
Website contains links to other sites and resources provided by
third parties, these links are provided for your convenience only.
This includes links contained in advertisements, including banner
advertisements and sponsored links. The Company has no control over
the contents of those sites or resources and accept no
responsibility for them or for any loss or damage that may arise
from your use of them. If you decide to access any of the
third-party websites linked to this Website, you do so entirely at
Geographic Restrictions. The
owner of the Website is based in the United States of America. The
Company is not making any statement that the Website or any of its
content is accessible or appropriate outside of the United States.
Access to the Website might not be legal by certain persons or in
certain countries. If you access the Website from outside the United
States, you do so on your own initiative and are responsible for
complying with all local laws.
understand that the Company cannot and does not guarantee or
warrant that files available for downloading from the Internet or
the Website will be free of viruses or other destructive code. You
are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus
protection and accuracy of data input and output, and for
maintaining a means external to the Website for any reconstruction
of any lost data. The Company will not be
liable for any loss or damage caused by a distributed
denial-of-service attack, viruses, or other technologically harmful
material that may infect your computer equipment, computer
programs, data, or other proprietary material due to your use of
the Website or any services or items obtained through the Website
or to your downloading of any material posted on it, or on any
website linked to it.
use of the Website, its content, and any services or items obtained
through the Website is at your own risk. The Company provides the
Website, its content, and any services or items obtained through
the Website “as is,” “with all faults,” and
“as available,” without making any warranty, either
express or implied. The Company is not making any warranty (1) that
the Website, its content, or any services or items obtained through
the Website will be accurate, reliable, error-free, or
uninterrupted; (2) that defects will be corrected; (3) that the
Website or the server that makes it available are free of viruses
or other harmful components; or (4) that the Website or any
services or items obtained through the Website will otherwise meet
your needs or expectations.
Company is not making any warranty, whether express, implied,
statutory, or otherwise, including warranty of merchantability,
title, noninfringement, privacy, security, and fitness for a
No advice or information, whether oral or written, obtained from
the Company, the Website, or elsewhere will create any warranty not
expressly stated in this agreement.
Limit on Liability; Release
Company, its directors, officers, employees, agents, subsidiaries,
affiliates, licensors, content providers, and service providers
will not be liable to you for any of the following:
mistakes, or inaccuracies of content;
injury or property damage resulting from your access to and use of
the Website or its content;
or conduct that is infringing, inaccurate, obscene, indecent,
offensive, threatening, harassing, defamatory, libelous, abusive,
invasive of privacy, or illegal;
access to or use of the Company’s servers and any personal
or financial information stored in them, including unauthorized
access or changes to your account, transmissions, or data;
or cessation of transmission to or from the Website;
viruses, Trojan horses, malware, ransomware, or other disabling
code that may be transmitted to or through the Website by any
person or that might infect your computer or affect your access to
or use of the Website, your other services, hardware, or software;
between the Website and your other services, hardware, or
or failures you might experience in starting, conducting, or
completing any transmissions to or transactions with the Website;
or damage incurred because of the use of any content posted,
emailed, sent, or otherwise made available through the Website.
hereby release the Company, its directors, officers, employees,
agents, subsidiaries, affiliates, licensors, content providers, and
service providers from all liability arising out of the conduct of
other users or third parties, including disputes between you and
one or more other users or third parties.
Exclusion of Damages; Exclusive Remedy
caused by gross negligence or intentional misconduct, the Company,
its directors, officers, employees, agents, subsidiaries,
affiliates, licensors, content providers, and service providers
will not be liable to you for any direct, indirect, special
(including so-called consequential damages), statutory, punitive,
or exemplary damages arising out of or relating to your access or
your inability to access the Website or the content. This
exclusion applies regardless of theory of liability and even if you
told the Company about the possibility of these damages or the
Company knew or should have known about the possibility of these
Company, its directors, officers, employees, agents, subsidiaries,
affiliates, licensors, content providers, and service providers
will not be liable to you for any damages for (1) personal injury,
(2) pain and suffering, (3) emotional distress, (4) loss of
revenue, (5) loss of profits, (6) loss of business or anticipated
savings, (7) loss of use, (8) loss of goodwill, (9) loss of data,
(10) loss of privacy, or (11) computer failure related to your
access of or your inability to access the Website or the content.
This exclusion applies regardless of theory of liability and even
if you told the Company about the possibility of these damages or
the Company knew or should have known about the possibility of
you are dissatisfied with the Website or have any other complaint,
your exclusive remedy is to stop using the Website. The maximum
liability of the Company and its directors, officers, employees,
agents, subsidiaries, affiliates, licensors, content providers, and
service providers to you for any claim will not exceed the greater
of $250 and the amount you have paid to the Company for the
applicable purchase out of which liability arose even if the remedy
fails of its essential purpose.
Scope of Disclaimers, Exclusions, and Limits. The
disclaimers, exclusions, and limits stated in sections 13,
14, and 15
apply to the greatest extent allowed by law, but no more. The
Company does not intend to deprive you of any mandatory protections
provided to you by law. Because some jurisdictions may prohibit the
disclaimer of some warranties, the exclusion of some damages, or
other matters, one or more of the disclaimers, exclusions, or limits
will not apply to you.
General. You will pay the Company,
its directors, officers, employees, agents, contractors,
subsidiaries, affiliates, licensors, content providers, and service
providers (the “Indemnified
Parties”) for any loss of an
Indemnified Party that is caused by any of the following: (a) your
access of or conduct on the Website; (b) your breach of this
agreement; (c) your violation of rights of any person, including
intellectual property, publicity, and privacy rights; (d) your
violation of any applicable law; (e) your tortious acts or
omissions; or (f) your criminal acts or omissions. But you are not
required to pay if the loss was caused by the Indemnified Party’s
actual intentional misconduct.
means an amount that the Indemnified Party is legally responsible
for or pays 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 of recovery; and includes incidental, direct,
and consequential damages.
loss is “caused by”
an event if the loss would
not have happened without the event, even if the event is not a
proximate cause of the loss.
Party’s Duty to Notify. The Indemnified Party will notify
you before the 30th day after the Indemnified Party knows or should
reasonably have known of a claim for a loss that you might be
compelled to pay. But the Indemnified Party’s failure to
timely notify you does not end your obligation, except if that
failure prejudices your ability to defend or mitigate losses.
Defense of a Claim. The Indemnified Party has control over
defending a claim for a loss (including settling it) unless the
Indemnified Party directs you to control the defense. If the
Indemnified Party directs you to control the defense, you will not
settle any litigation without the Indemnified Party’s written
consent if the settlement (1) imposes a penalty or limitation on
the Indemnified Party, (2) admits the Indemnified Party’s
fault, or (3) does not fully release the Indemnified Party from
liability. You and the Indemnified Party will cooperate with each
other in good faith on a claim.
Exclusivity. The Indemnified Parties’ rights under this
section 17 do not affect
other rights they might have.
Governing Law; Place for Resolving Disputes
law, without giving effect to any conflicts of law principles,
governs all matters arising out of or relating to the Website or
this agreement. The predominant purpose of this agreement is
providing services and licensing access to intellectual property
and not a “sale of goods.” This agreement will not be
governed by the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly
Except for disputes subject to arbitration,
all disputes arising out of or relating to the Website or this
agreement will be subject to the exclusive jurisdiction and venue
of the United States District Court for the Central District of
California or any state court in San Luis Obispo County,
California. Each party hereby submits to the personal jurisdiction
of the United States District Court for the Central District of
California and the state courts in San Luis Obispo County,
California to resolve all disputes not subject to arbitration. Each
party hereby waives any right to seek another forum or venue
because of improper or inconvenient forum.
- For purposes
of this section 18, the
Website will be deemed solely based in the state of California and
will be deemed a passive website that does not give rise to
personal jurisdiction over the Company, either specific or general,
in any other jurisdiction.
Alternative Dispute Resolution
Arbitration. As the exclusive means of
initiating adversarial proceedings to resolve any dispute arising
out of or relating to the Website or this agreement, a party may
demand that any such dispute be resolved by arbitration
administered by the Arbitration Resolution Services, Inc. (ARS) (or
a similar online dispute resolution provider if ARS is not
available) in accordance with its rules available at
and each party hereby consents to any such dispute being so
resolved. The arbitrator, and not any federal, state, or local
court or agency, will have exclusive authority to resolve all
disputes arising out of or relating to the interpretation,
enforceability, or formation of this agreement, including any claim
that all or any part of this agreement is void or voidable. Each
party will be responsible for paying any filing, administrative,
and arbitrator fees associated with the arbitration. The
arbitrator may grant whatever relief that would be available in a
court at law or in equity, except that the arbitrator must not
award punitive or exemplary damages, or damages otherwise limited
or excluded in this agreement. The arbitrator’s award will
include costs of arbitration, reasonable legal fees under section
19.3, and reasonable costs
for expert and other witnesses. Judgment on any award rendered in
any such arbitration may be entered in any court having
jurisdiction. Unless required by law, neither a party nor an
arbitrator will disclose the existence, content, or results of any
arbitration under this agreement without the advance written
consent of both parties.
Relief. The parties acknowledge that
breach by either party of the obligations under this agreement
could cause irreparable harm for which damages would be an
inadequate remedy. Nothing in this section 19 will prevent
either party from seeking injunctive or other equitable relief from
the courts for matters related to data security, intellectual
property, or unauthorized access to the Website, in
each case without posting a bond or other security and without
proof of actual money damages in connection with the claim.
Recovery of Expenses. In any proceedings between the parties
arising out of or relating to the Website or this agreement, the
prevailing party will be entitled to recover from the other party,
besides any other relief awarded, all expenses that the prevailing
party incurs in those proceedings, including legal fees and
expenses. For purposes of this section 19.3,
“prevailing party” means, for any proceeding,
the party in whose favor an award is rendered, except that if in
those proceedings the award finds in favor of one party on one or
more claims or counterclaims and in favor of the other party on one
or more other claims or counterclaims, neither party will be the
prevailing party. If any proceedings are voluntarily dismissed or
are dismissed as part of settlement of that dispute, neither party
will be the prevailing party in those proceedings.
- Jury Trial
Waiver. Each party hereby waives its
right to a trial by jury in any proceedings arising out of or
relating to the Website or this agreement. Either party may enforce
this waiver up to and including the first day of trial.
Class Action Waiver. All claims must
be brought in the parties’ individual capacity, and not as a
plaintiff or class member in any purported class or representative
proceeding, and, unless the Company agrees otherwise, the
arbitrator will not consolidate more than one person’s
claims. Both parties acknowledge that each party is waiving the
right to participate in a class action.
Limitation on Time to Bring Claims. A
party will not bring a claim arising out of or relating to the
Website or this agreement more than one year after the cause of
action arose. Any claim brought after one year is barred.
Agreement. This agreement constitutes the entire agreement
between you and the Company about your access to and use of the
Website. It supersedes all earlier or contemporaneous agreements
between you and the Company about access to and use of the Website.
Any additional terms on the Website will
govern the items to which they pertain.
The Company may change this agreement on one or more occasions. The
Company will try to post changes on the Website at least 15 days
before they become effective. Changes will become effective on the
“last updated” date stated at the top of this page.
Changes will not apply to continuing disputes
or to disputes arising out of (or relating to) events happening
before the posted changes. While the Company will try to
notify you when the Company changes this agreement, the Company
does not assume an obligation to do so, and it is your
responsibility to frequently check this page to review the most
current agreement. By continuing to use the
Website after the Company posts changes to this agreement, you
agree to the revised agreement. If you do not agree to the
revised agreement, 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 the
Company at Contact Email.
Assignment and Delegation. The Company may assign its rights
or delegate any performance under this agreement without your
consent. You will not assign your rights or delegate your
performance under this agreement without the Company’s
advanced written consent. Any attempted assignment of rights or
delegation of performance in breach of this section 20.3
If the Company fails to exercise or enforce any right or provision
of this agreement, it will not constitute a waiver of that right or
provision. Any waiver of any provision of this agreement will be
effective only if in writing and signed by the relevant party.
Severability. If any part of this agreement is declared
unenforceable or invalid, the remainder will continue to be valid
Notice to the Company. You may send notice to the Company
through the Website at
unless a specific email address is set out for giving notice. The
Company will consider an email notice received by the Company only
when its server sends a return message to you acknowledging
receipt. The Company may change its contact information on one or
more occasions by posting the change on the Website. Please check
the Website for the most current information for sending notice to
Notice to You—Electronic Notice. You
consent to receiving any notice from the Company in electronic
form either (1) by email to the last known email address the
Company has for you or (2) by posting the notice on a place on the
Website chosen for this purpose. The Company will consider
notices sent to you by email received when its email service shows
transmission to your email address. You state that any email
address you gave the Company for contacting you is a current and
valid email address for receiving notice, and that your computer
has hardware and software configured to send and receive email
through the Internet and to print any email you receive.
Majeure. The Company is not responsible for any failure to
perform if unforeseen circumstances or causes beyond its reasonable
control delays or continues to delay its performance, including (a)
acts of God, including fire, flood, earthquakes, hurricanes,
tropical storms, or other natural disasters; (b) war, riot, arson,
embargoes, acts of civil or military authority, or terrorism; (c)
fiber cuts; (d) strikes, or shortages in transportation,
facilities, fuel, energy, labor, or materials; (e) failure of the
telecommunications or information services infrastructure; and (f)
hacking, SPAM, or any failure of a computer, server, network, or
Third-Party Beneficiaries. This agreement does not, and the
parties do not intend it to, confer any rights or remedies on any
person other than the parties to this agreement.
of the Parties. This agreement does not, and the parties do not
intend it to, create a partnership, joint venture, agency,
franchise, or employment relationship between the parties and the
parties expressly disclaim the existence of any of these
relationships between them. Neither of the parties is the agent for
the other, and neither party has the right to bind the other on any
agreement with a third party.
Effect. This agreement benefits and binds the parties and their
respective heirs, successors, and permitted assigns.
Communications Not Private. The Company does not provide
facilities for sending or receiving confidential electronic
communications. You should consider all messages sent to the
Company or from the Company 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 named recipients to
read. Users or operators of the Website may read all messages you
send to the Website regardless of whether they are intended
Signatures. Any affirmation, assent, or
agreement you send through the Website will bind you. You
acknowledge that when you click on an “I agree,” “I
consent,” or other similarly worded “button” or
entry field with your finger, mouse, keystroke, or other device,
your agreement or consent will be legally binding and enforceable
and the legal equivalent of your handwritten signature.
Consumer Rights Information—California Residents Only.
This section 21.13 applies
only to California residents. In compliance with section 1789 of
the California Civil Code, please note the following:
811 Wilshire BLVD. 17th Floor #1700 Los Angeles Ca 90017
Users who want to gain access to the
members-only area of the Website must be a member in good standing.
The Company posts the current membership fees for the Website on the
registration page. The Company may change the membership fees at any
time. Users may contact the Company at
to resolve any billing disputes or to receive further information
about the Website.
Residents Only. You may contact in writing the Complaint
Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs at 1020 North Street, #501,
Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
The Company encourage you to provide feedback about the Website.
But the Company will not treat as confidential any suggestion or
idea provided by you, and nothing in this agreement will restrict
its right to use, profit from, disclose, publish, or otherwise
exploit any feedback, without payment to you.
Your Comments and Concerns. You should direct all feedback,
comments, requests for technical support, and other communications
relating to the Website to
REPORTING ABUSE AND ILLEGAL CONTENT. The use of any non-consensual content or content that violates the acceptable guidelines for content defined by the card association is strictly prohibited. Such content may include revenge porn, sexually based abuse, non-consensual porn, etc. If you have first-hand knowledge of illegal content, or have fallen victim to non-consensual pornography, please contact us immediately via our toll-free number or send an email to our customer service department. Reporting users or content will remain completely confidential. To initiate the content review process, please include all relevant URL links where the content was viewed, as well as any other information you feel would aid our process. All content removal requests submitted are reviewed, addressed, and removed as fast as possible.
If you are the victim or have first-hand knowledge of illegal content, we encourage you to notify us immediately by emailing firstname.lastname@example.org or calling 661-705-5056 in order to initiate a content review process and take other necessary actions. Reporting users or content this way is completely confidential. When contacting us please include all relevant URL links as well as the reason and any additional context that you feel will assist us in reviewing your request to have the content removed. All content removal requests submitted are reviewed, addressed, and removed expeditiously, where appropriate.