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USER TERMS AND CONDITIONS

Site Covered:

WWW.THESEXGAME.COM

Effective Date: Dec 23, 2010

Last Modified: Dec 23, 2010

  • 1. PRELIMINARY PROVISIONS:
    • 1.1. INTRODUCTION - Welcome to Our Website's User Agreement. The provisions of this Agreement will govern your use of Our Website, and You should therefore take some time to read it carefully. Our Website is different from many other sites on the Internet as it contains advertisements, communications and links posted by independent third parties, over which We exert no control. We do not get involved in any disputes that may develop between Our Advertisers and others, and We do not facilitate communication between third-parties. Therefore, You are urged to use Your own good judgment and common sense when responding to such Advertisements, as We are not responsible for any interactions occurring between Our Users and Our Advertisers. Federal law protects sites like Ours from civil claims, so We encourage You to independently research any information found in Our Advertisements, before making any decisions. We hope that You thoroughly enjoy Our services, and anticipate that You will find Our Site useful and informative. Should You have any questions or comments regarding Our website, or its policies, please feel free to contact Us at: support@thesexgame.com.
    • 1.2. Additionally, through the use of these Terms and Conditions, We are placing legal conditions on Your use of this Website and making certain promises to You.
    • 1.3. Our first condition is that You must agree to all of the conditions in this set of Terms and Conditions of use (hereinafter "T&C's" or "Agreement"). You do not need to use Our Website, therefore if You do not wish to be bound by each and every provision in this Agreement, then You are not welcome to use this Website and should leave and use another service.
    • 1.4. You may not unilaterally disregard any portion of this Agreement. However, if there is a particular portion of this Agreement that You wish to avoid, You may contact Us to negotiate a separate agreement BEFORE You use the Website. We do not guarantee that such negotiations will be successful. Nevertheless, if You wish to discuss Your own personalized Agreement, please contact Us or have Your attorney do so.
    • 1.5. If You do not understand all of the terms in this Website, then You should consult with a lawyer before using the Website. Nothing contained herein constitutes legal advice.
    • 1.6. This Website is for adults only. If you are under the age of twenty-one (21), You are not to use this Website at all. Misrepresentation of Your age to gain access to Our Site is considered a breach of this Agreement and computer hacking under federal law. If You are under twenty-one (21) years of age, STAY OUT!
    • 1.7. Party Definitions
      • 1.7.1. "We" or "Us," means the service provider of the above referenced website(s) ("Website"). It should be obvious, but for the sake of legal clarity, when this Agreement uses first-person pronouns such as "Us," "We," "Our," "Ours," etc., those first-person pronouns are referring to the Website.
      • 1.7.2. "You," the User - As a User of this Website, this Agreement will refer to the User as "You" or through any second-person pronouns, such as "Yours," etc. Hereinafter, the User of the Website shall be referred to in applicable second- person pronouns.
    • 1.8. Consideration - Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Website and Our Services. You agree that such Consideration is both adequate, and that it is received upon Your viewing, accessing or downloading any portion of Our Website.
    • 1.9. Revisions to this Agreement
      • 1.9.1. From time to time, We may revise this Agreement. We reserve the right to do so, and You specifically agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect.
      • 1.9.2. If We change anything in this Agreement, We will change the "Last Modified Date" at the top of this Agreement. You agree to re-visit this web page on a weekly basis, and to use the "Refresh" button on Your browser when doing so. Upon each visit, You agree to note the date of the last revision to this Agreement. If the "Last Modified Date" remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the "Last Modified Date" has changed, then You can be certain that something in the Agreement has been changed, and You agree that You will re-review the Agreement in its entirety and that You will agree to its terms or immediately cease use of any Websites in the Network.
      • 1.9.3. Waiver - if You fail to re-review this Agreement as required to determine if any of the terms have changed, You assume all responsibility for such omissions and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
  • 2. ACCEPTANCE AND AFFIRMATION:
    • 2.1. You must agree to all of the terms in this Agreement before using the Website or Our services.
    • 2.2. How You can and will demonstrate Your affirmative acceptance of all of the terms in this Agreement:
      • 2.2.1. If You click any link, button, or other device, provided to You in any part of Our Website's interface, then you have legally agreed to all of these Terms and Conditions (T&C's); or
      • 2.2.2. By using any of Our services in any manner, You understand and agree that We will consider any use of Our Website as Your affirmation of Your complete and unconditional acceptance to all of the terms in this Agreement.
  • 3. SPECIAL CONSIDERATIONS REGARDING MINORS:
    • 3.1. Age of Majority. In order to use the Website or any services provided by Us, You must have attained the age of majority in Your jurisdiction. You represent and warrant that You are at least twenty-one (21) years of age, and that You have the legal capacity to enter into this Agreement.
      • 3.1.1. You acknowledge that this is an age-restricted website. All users must be 21 years or older to access our website, or to become a member. You agree that access by individuals under 21 constitutes unauthorized access to Our servers and Our data, which is an act of computer hacking under federal law. We reserve the right to prosecute unauthorized entry to Our site to the fullest extent of the law.
      • 3.1.2. You may be asked to verify Your birth date on an age verification form as a condition of entry onto certain areas of the Website containing adult content, pursuant to 28 U.S.C. § 1746. Accordingly, if You provide incorrect information on the age verification page, You thereby commit an act of perjury, this perjury will be recorded, and this perjury may (and will) be used against You in any legal proceeding.
      • 3.1.3. We specifically disclaim any responsibility or liability for any misrepresentations regarding a User's age.
      • 3.1.4. You represent and warrant that You will not allow any minor access to this Website. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help users to limit minors' access to harmful material. You acknowledge that if Your computer can be accessed by a minor, that You will take all precautions to keep Our Materials from being viewed by minors. You additionally acknowledge that if You are a parent, it is Your responsibility, and not Ours, to keep Our erotic content from being displayed to Your children or wards.
    • 3.2. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR RELATED ACTIVITY.
      • 3.2.1. All depictions of all persons on Our Website are of persons over the age of eighteen (18) as of the date of the production of the depiction. We take great measures to ensure that no underage models appear in any of Our materials.
      • 3.2.2. If You seek any form of child pornography (including so-called "virtual" child pornography), You must exit this Website immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material nor do we tolerate consumers of this kind of material.
      • 3.2.3. In order to further Our zero-tolerance policy You agree to report any images that appear to depict minors on Our Site. If You see any images or other depictions that are questionable, You agree to report these images by emailing us at support@thesexgame.com.
      • 3.2.4. Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
      • 3.2.5. We willingly and actively 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.
    • 3.3. WE HAVE A ZERO TOLERANCE POLICY FOR UNLAWFUL GAMBLING ACTIVITIES.
      • 3.3.1. All games sponsored by the Site and depicted for game play through the Site are intended purely for fun and entertainment. The Site's competition(s), collectively titled, "The Game" is intended spark the imagination, contribute to a User/participant's understanding of their sexuality, and stimulate the erotic fantasies of its Users/participants.
      • 3.3.2. No game sponsored by the Site and depicted for game play through the Site is intended to result in any unlawful gambling activity, consistent with all applicable state and federal laws.
      • 3.3.3. You understand that no consideration for money or anything else of value is being exchanged, or intended to be exchanged for, or as a result of, participation in "The Game," and no prizes are awarded. Rather, the specific games used are merely intended to further the simple enjoyment of all participants in "The Game."
      • 3.3.4. The Site will immediately suspend and/or revoke the account of any User/participant who it discovers to potentially be in violation of this provision.
    • 3.4. WE HAVE A ZERO TOLERANCE POLICY TOWARD ANY SEXUAL ACTIVITIES INVOLVING NON-CONSENTING PARTIES.
      • 3.4.1. At all times, every User/participant in Site activities must be of legal age and must indicate knowing and willful, lawful consent to involvement in all activities. All Users are permitted to withdraw their consent to participate in sexual activity at any time.
      • 3.4.2. If, at any time, it is discovered that a User/participant in any Site-sponsored activity, engages in any form of physical manipulation or abuse, or form of violence toward an otherwise non-consenting party, the Site will immediately suspend and/or revoke the offending User's account.
      • 3.4.3. In order to further Our zero-tolerance policy You agree to report any potential violations of this Agreement. If You witness, or become aware of, any forced sexual conduct, You agree to report such incident(s) by emailing us at support@thesexgame.com.
      • 3.4.4. Include with Your report any appropriate evidence, including the date and time of identification. All reports will immediately be investigated and the appropriate action will be taken.
      • 3.4.5. We willingly and actively cooperate with any law enforcement agency investigating any illegal activity.
  • 4. IMAGES AND CONTENT:
    • 4.1. Our Website contains images and content, including but not limited to text, software, images, graphics, data, messages, and other information (collectively, Our "Materials").
    • 4.2. You acknowledge and stipulate that all of the Materials are expressive content that is fully protected by the First Amendment to the United States Constitution, and similar provisions of other nations, provinces and states.
    • 4.3. You acknowledge and understand that some of the Materials may contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities. You acknowledge that You are aware of the nature of the Materials provided by Our Website and that You are not offended by such Materials, and to the contrary, that You are accessing this Website specifically because You enjoy such expressive content and You wish to view such Materials. You stipulate that you access this Website freely, voluntarily, and willingly, and for Your own personal enjoyment.
    • 4.4. You agree not to use or access the Website if doing so would violate the laws of Your state, province, or country.
    • 4.5. In the event that any court finds that any third party communication or third party content on Our Website falls outside of the realm of the immunity provided by Section 230 of the Communications Decency Act ("CDA"), this shall not be deemed to be a waiver of any legal protections provided by Section 230 for any and all other content posted on Our Website.
  • 5. RESTRICTIONS ON USE OF WEBSITE:
    • 5.1. You agree that You will only use the Website for purposes expressly permitted and contemplated by this Agreement. You may not use the Website for any other purposes without Our express prior written consent. Any violation of the terms of this agreement may result in suspension or cancellation of your account, without refund.
    • 5.2. Without Our express prior written authorization, You may not:
      • 5.2.1. Duplicate any part of the Website or the materials contained therein (except as expressly provided elsewhere in this Agreement);
      • 5.2.2. Redistribute of create any derivative works based on the Website or any of the materials contained therein. You agree that any such use is NOT "fair use;"
      • 5.2.3. Use the Website or any of the materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT "fair use;"
      • 5.2.4. Remove any copyright or other proprietary notices from the Website or any of the Materials contained therein;
      • 5.2.5. Circumvent any encryption or other security tools used anywhere on the Website (including the theft or sharing of user names and passwords or using another person's user name and password in order to gain access to a restricted area of the Website);
    • 5.3. Download Limits. We may impose bandwidth limits on uploading or downloading data by our users. Your user account will not be cancelled or suspended for exceeding these limits, however We reserve the right to impose temporarily bar on any further data transfer. Such action will not ordinarily impact Your ability to login, post on forums, or watch "streaming" video.
    • 5.4. You agree to all of the terms of Our Acceptable Use Policy, as outlined below:
      • 5.4.1. ACCEPTABLE USE POLICY: You agree and understand that Our Website may choose to allow You to use Our Services in order to post content and/or to communicate with other Users. You agree that You will not use Our Services to post or distribute content that falls into the following categories:
        • 5.4.1.1. Unlawful, harmful, threatening, abusive, harassing, defamatory, invasive of another's privacy or right to publicity, or harmful to minors in any way, shape, or form;
        • 5.4.1.2. That might be considered to be impersonating another person or legal entity;
        • 5.4.1.3. Any posts with personally identifying information about another person without that person's prior explicit consent;
        • 5.4.1.4. That constitutes SPAM, SPIM, or bulk posting of commercial advertisements for commercial interests;
        • 5.4.1.5. That infringes upon any trademark, copyright, or other intellectual property rights of any party;
        • 5.4.1.6. You also agree to immediately cease and desist from any contact with any person who so requests such cessation;
        • 5.4.1.7. You agree that You will not use Our Services to "stalk" or otherwise harass any other person;
        • 5.4.1.8. You agree that You will not use Our Services in order to collect any personal data about other users;
        • 5.4.1.9. You agree that You will not use Our Services in order to conduct any illegal activities at all;
        • 5.4.1.10. You agree that You will not use Our Services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive child pornography in any way;
        • 5.4.1.11. You agree that You will not use Our Services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive obscene materials in any way;
        • 5.4.1.12. You agree that You will not use Our Services in order to view, transmit, traffic in, or in any other way interact with, provide to any other person, or receive drugs or other illegal substances in any way;
  • 6. DISCLAIMERS AND INDEMNIFICATION:
    • 6.1. If We determine that You or any User has used Our Services in violation of any law, Your ability to use the Website may be terminated immediately and We have every right to voluntarily cooperate with law enforcement or private aggrieved parties that We may be legally compelled to do so. We hereby disclaim any liability for damages that may arise from any User providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold Us harmless from any liability that may arise for Us should You violate any law.
    • 6.2. You also agree to defend and indemnify Us should any third party be harmed by Your actions or should We be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party.
    • 6.3. Our Website contains material that may be considered offensive to third parties. You agree to indemnify and hold Us harmless from any liability that may arise from someone viewing such material and You agree to cease review of the Website should You find it offensive.
    • 6.4. You acknowledge and agree that You may, from time to time, receive electronic communications from Us, alerting You to matters affecting Your use and enjoyment of the Site, such as important policy updates, new services, and product launches. These communications may be directed to Your email address, instant messenger address, or other means of contact that You provide. In the event we notify You of any important changes to our site or its operation, You agree that any obligation We have to provide such notification ends when the message is sent from our server or system. Nothing contained herein is intended to modify Section 1.9 of this Agreement relating to revision of these terms.
    • 6.5. You agree to defend, indemnify, and hold harmless our Website, its corporation, 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 Website or any of the Materials contained therein, or Your breach of any part of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at Our own expense, and choose Our own legal counsel; however, We are not obligated to do so.
    • 6.6. Pursuant to the Communications Decency Act, 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate, through portions of the Website, as an interactive computer service provider. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication of third-party content (including third-party User content), appearing on the Website. We do not create such content, and We are not responsible for the publication or remarks of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status and protection as a computer service provider. Nothing contained in this paragraph is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act.
  • 7. INTELLECTUAL PROPERTY INFORMATION:
    • 7.1. The above referenced website names constitute service mark(s) and/or trademark(s). Any word, slogan or brand appearing on Our Website with a TM designation qualifies as Our trademark or service mark.
    • 7.2. Other companies' product and service names referenced on Our Website 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.
    • 7.3. COPYRIGHT - This Website belongs to Us, and we either own or have rights to display all of the materials thereupon. You may not use any of Our materials without Our express written consent.
    • 7.4. LICENSE TO USE MEMBER MATERIAL. By uploading or providing Us any text, image, graphic, code, or video ("Member Material"), You thereby provide Us with a non-exclusive, transferrable license to use, publish, circulate, promote, delete, or alter such Member Material in any manner, and in connection with any media now existing or developed in the future. You specifically disclaim and release Us from any claims arising from the publication of such Member Material, including but not limited to claims involving copyright, trademark, publicity rights, defamation or privacy rights. You acknowledge that providing such license is a material term of this agreement, and survives the termination or cancellation of your membership on the Site.
    • 7.5. We aggressively enforce Our intellectual property rights. Any infringement will be prosecuted to the fullest extent of the law.
  • 8. LIMITATION OF LIABILITY:
    • 8.1. In no event shall We (or Our 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, loss of information, business interruption, revenue, or goodwill, which may arise from any person's use, misuse, or inability to use the Website or any of the Materials contained therein, even if We have 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 We have been advised of the possibility of such damages.
    • 8.2. In no event shall Our maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by You for use of a Website 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.
  • 9. DEFAMATION & INVASIVE MATERIAL POLICY:
    • 9.1. We provide an interactive computer service, and thus We have no liability for user-posted content due to Section 230 of the CDA. Nevertheless, We recognize that despite this protection, there may occasionally be content posted by Our Users that is unappreciated by the subject of the User-posted content. It is not Our intention to cause anguish to any person nor harm to any entity, nor to allow through inaction such harm to occur. Accordingly, it is Our policy to respond respectfully to any complaints about User posted content, or about content that We might have provided.
    • 9.2. If You feel damaged by any User-posted content, or content provided by Us, We agree to take reasonable measures to comply with any reasonable requests. Even if You are a public official, public figure, or libel-proof person, We do care about Your feelings and reputation. Therefore, We have instituted this Policy.
    • 9.3. You agree that if You have any complaint about any content on Our Website, including (but not limited to) a complaint or claim of defamation (libel or slander), invasion of privacy, false light, trademark infringement, right of publicity claims, or any related or similar tort, that You will provide notice to Us by mail or fax to:
              Lawrence G. Walters, Esq.
              Weston, Garrou, Walters & Mooney
              781 Douglas Avenue
              Altamonte Springs, FL 32714
              Fax: (407) 774-6151
    • 9.4. You agree that We shall have ten (10) business days after RECEIPT of said notice to evaluate Your concerns.
    • 9.5. After evaluating Your concerns, We will either inform You that We do not believe Your concern is valid, or We will request Your preference regarding an opportunity to cure Your concerns. This cure may include one of the following:
      • 9.5.1. We may offer to delete the offending material.
      • 9.5.2. We may offer to modify the offending material.
      • 9.5.3. We may offer You the opportunity to publish a rebuttal to the offending material.
      • 9.5.4. We will engage You and seek any other alternative resolution that will mitigate Your damaged legal interests - whether or not We are legally required to do so.
      • 9.5.5. We may provide You with some or all identifying information We may have about the actual culprit (if the content was User-posted), but We are under no obligation to do so, and expressly reserve the right not to.
    • 9.6. You acknowledge and agree that upon transmission of Your complaint to Us, You will be considered to have engaged in settlement discussions with Us, and neither party will initiate formal legal action while non-adversarial resolution is in progress. You agree that You will not file suit unless and until We issue a statement to You that We have taken Our final action, and that no further action will be taken without adversarial proceedings. At that point, You may proceed with arbitration as provided for under this Agreement.
    • 9.7. You acknowledge that once You accept any of Our offers of non adversarial resolution, that You irrevocably waive any and all possible claims for any allegedly offending material Our Website and that if You do bring any action against Us that You hereby stipulate that You will bear Your own costs and fees incurred in the action, regardless of the outcome of that action, and that You stipulate that Your damages will be limited to $1, and no more, and that You hereby acknowledge that such amount of $1 is sufficient and adequate.
    • 9.8. You understand that no part of this Agreement obligates Us to go beyond that required by law, and this Agreement is in place for Your convenience. If We believe that Your requests are unreasonable, We reserve every right to terminate discussions with or file suit against You to recover any legal fees incurred due to harassing or unreasonable requests.
  • 10. NOTICE OF CLAIMED INFRINGEMENT:
    • 10.1. We respect the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States' Digital Millennium Copyright Act ("DMCA"). 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 Our Designated Copyright Agent the following information:
      • 10.1.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      • 10.1.2. Description of the copyrighted work or other intellectual property that you claim has been infringed;
      • 10.1.3. A description of where the material that you claim is infringing is located on a Site;
      • 10.1.4. Your address, telephone number, and email address;
      • 10.1.5. 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
      • 10.1.6. 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.
      • 10.1.7. You may send your Notice of Claimed Infringement to:
                Lawrence G. Walters, Esquire
                Weston, Garrou, Walters & Mooney
                781 Douglas Avenue
                Altamonte Springs, FL 32714
                Notice@DMCANotice.com 
                Fax: 407.774.6151
        Please do not send other inquires or information to our Designated Agent. Routine customer service inquiries should be sent to: support@thesexgame.com
  • 11. NOTICE AND TAKEDOWN PROCEDURES:
    • 11.1. The Site implements the following "notification and takedown" procedure upon receipt of any notification of claimed copyright infringement. The Site 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. It is the firm policy of the Site to terminate the account of repeat copyright infringers, when appropriate, and the Site 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 Site's DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, the Site 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 Site 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 Site reserves the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.
    • 11.2. Counter Notification: If the Recipient of a Notice of Claimed Infringement ("Notice") feels that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined in Section 5.12 above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against Us relating to the Content.

      To submit a counter-notification, please provide Our Designated Copyright agent the following information:

      • 11.2.1. A specific description of the material that was removed or disabled pursuant to the Notice.
      • 11.2.2. A description of where the material was located within the Site or the Content before such material was removed and/or disabled. Please provide the specific URL if possible.
      • 11.2.3. A statement reflecting the Recipient's belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:

        "I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled."

      • 11.2.4. The Recipient's physical address, telephone number, and email address. Written notification containing the above information must be signed and sent to:
                Lawrence G. Walters, Esquire
                Weston, Garrou, Walters & Mooney 
                781 Douglas Ave.
                Altamonte Springs, FL 32714
                Fax: (407) 774-6151
      • 11.2.5. Alternately, to email the above information, You must digitally sign the email and send it to: Notice@DMCANotice.com . Do not send any other information or material to the DMCA Agent.
      • 11.2.6. After receiving a DMCA-compliant counter-notification, Our Designated Copyright Agent will forward it to Us, and We will then provide the counter-notification to the entity who first provided the Notice concerning material in the Recipient's Content.
      • 11.2.7. Additionally, within ten to fourteen (10-14) days of Our receipt of the counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Agent have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material.
      • 11.2.8. The Site reserves the right to modify, alter or add to this policy, and all users should regularly check back regularly to stay current on any such changes.
  • 12. LINKS AND LINKING:
    • 12.1. Some websites which are linked to the Website are owned and operated by third parties. Because We have no control over such websites and resources, You acknowledge and agree that We are not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
    • 12.2. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If You decide to access any such third party website, you do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein.
    • 12.3. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Website's User Agreement or other online contracts, which are incorporated into this Agreement by reference.
    • 12.4. Links to external websites (including external websites that are framed by the Website) or inclusions of advertisements do not constitute an endorsement by Us of such websites or the content, products, advertising, or other materials presented on such website, but are for User's convenience.
    • 12.5. All Users do hereby agree to hold Us harmless from any and all damages and liability that may result from the use of links that may appear on the Website. We reserve the right to terminate any link or linking program at anytime.
  • 13. GENERAL PROVISIONS:
    • 13.1. Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. Any and all disputes arising out of this agreement shall be resolved by the courts in the Republic of Cyprus ("Cyprus").
      • 13.1.1. All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be tried and/or litigated exclusively in the courts located in Cyprus.
      • 13.1.2. The parties agree to exclusive jurisdiction in, and only in, Cyprus.
      • 13.1.3. The parties agree to exclusive venue in, and only in, Cyprus.
      • 13.1.4. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
      • 13.1.5. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
      • 13.1.6. All parties stipulate that the state and federal courts located in Cyprus shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.
      • 13.1.7. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
    • 13.2. Assignment. 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.
    • 13.3. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
    • 13.4. Attorneys' Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys' fees and costs incurred in connection therewith, including attorneys' fees incurred on appeal.
    • 13.5. Complaints - California Residents: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: http://www.dca.ca.gov/online_services/complaints/ consumer_complaint.shtml
    • 13.6. No Waiver. No waiver or action made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. 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 and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
    • 13.7. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
    • 13.8. Complete Agreement. This Agreement constitutes the entire Agreement between the parties with respect to Your access and use of the Website and the Materials contained therein, and Your Membership with the Website, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
    • 13.9. Other Jurisdictions. We make no representation that the Website or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Website from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.
This document was prepared by Lawrence G. Walters, Esq., of www.FirstAmendment.com.
Nothing more follows.

 
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