GUEST - IMLIVE AGREEMENT
Please read the following Terms & Conditions carefully
1. General
a. By entering and using the site http://www.ImLive.com (the 'Site') you agree to be bound by these Terms and Conditions. These terms and conditions are a binding agreement between you and I.M.L. SLU a company organized under the laws of the Principality of Andorra and whose principal office is at Edifici Burge's Planta 3, Avinguda St. Antoni 27, La Massana AD 400 Principat d'Andorra, Tel: 1-866-831-7731 (the 'Company').
b. The Company is engaged in the business of providing agency and facilitation services to hosts ('Hosts'), on the basis of which Hosts provide Host Services (as defined below) to guests of the Site ('you' or 'Guests'), and of selling credit to Guests which may be used to purchase such Host Services from Hosts ('ImLive Credit'). The price of ImLive Credit is displayed to the Guest upon purchase thereof. Hosts may use the Company's video/audio/text chat communications system ('Chat System'), including a certain internet communications application (the 'Application') in order to chat with you in the event that you choose to receive information/content from them. Each time you wish to do so, you must enter into a Host-Guest Agreement, the form of which is available here: https://imlive.com/hostguestagreement.aspx ('Host-Guest Agreement'). Via the directory of Hosts located on the Site (the 'Directory'), Guests are able to initiate contact with Hosts (including in scheduled sessions) from whom they wish to receive information/content. Where the Host accepts the Guests into a Host-Guest Chat Session ('HGCS'), the Application enables the Host to connect through the internet with the computer of the Guest and provide information/content via audio/video (and text) chat. A Guest may also elect to chat via audio/video (or text) directly to the Host. In certain cases, more than one Guest can be connected to a certain Host at the same time It is clarified that every HGCS shall be subject to a Host-Guest Agreement, including with respect to the services provided by any Host to you under the terms of such Host-Guest Agreement in such HGCS using the Chat System and/or the Application or other Site services/features subject to such Host-Guest Agreement (all of the foregoing, the 'Host Services'), all as is more fully detailed in the Host-Guest Agreement entered into by the Host and each Guest at the commencement of each HGCS.
c. It is clarified that all such Host Services are provided solely by and are the sole responsibility of the applicable Host, and that the Company is not the provider of any such Host Services to any Guest. On the Site, you are able to purchase from the Company, acting as agent on behalf of any and all Hosts who are or may be registered on the Site as Hosts during the applicable period of time (the 'Community of Hosts'), in accordance with these Terms & Conditions, ImLive Credit. In addition to ImLive Credit, Guests may receive from the Company certain credits which can only be redeemed to obtain Host Services ('ImLive Treat Credit'). Grant of such ImLive Treat Credit is at the sole discretion of the Company. ImLive Credit and ImLive Treat Credit expires 30 days from the date of purchase or after such shorter period as may be set out in these Terms & Conditions. It is clarified that neither ImLive Credit nor ImLive Treat Credit will grant you any rights and/or credits to any of the Site's affiliated sites; and that ImLive Credit and ImLive Treat Credit is solely a payment method and does not constitute a good, service or right in itself.
d. These Terms and Conditions comprise the entire agreement between the Company and you, superseding any prior agreements between the Company or any predecessor company and you. Please note that you may be subject to additional rules and regulations that may apply when you use specific features on the Site, as well as any Host-Guest Agreement in connection with your receipt of Host Services. The Company, on behalf of the Community of Hosts, shall vigorously enforce all these rules and regulations.
e. These Terms and Conditions contain disclaimers (including inter alia at Sections 7, 8, 9 and 10) as well as exclusive remedy provisions (including inter alia at Section 8).
f. The Company may, from time to time, change the Terms and Conditions. In addition, the Company may, from time to time, in its capacity as agent of the Community of Hosts, change the form of Host-Guest Agreement, including with respect to billing by Hosts and payment of Hosts by Guests by way of redemption of ImLive Credit or ImLive Treat Credit. You agree to review the Terms and Conditions, the applicable Host-Guest Agreement and the relevant rules and regulations periodically and to be updated of such changes. In case you do not wish to remain a member due to the change in the Terms and Conditions, the applicable Host-Guest Agreement or the relevant rules and regulations, you may terminate your membership as provided herein. Please note that your continued use of the Site and any Host Services following any change to the Terms and Conditions, the applicable Host-Guest Agreement or the relevant rules and regulations, constitutes acceptance of all such changes.
g. You acknowledge and agree that the Site is an audio/video (and text) chat platform intended to fulfill user fantasies in an online environment and is not intended to develop relationships outside of the Site. Should such relationships, including but not limited to bypassing our billing system and/or transferring money outside of the site occur, it is the sole responsibility of the parties involved.
h. Campaigns - The Company in its capacity as agent of the Community of Hosts may change any campaign rules at any time, with no prior notice needed, even without cause. All campaigns are subject to these Terms and Conditions.
i. You acknowledge and agree that the Company does not and cannot control the information and content transmitted by Hosts or the information and content transmitted by you in any HGCS.
j. In respect of 18 U.S.C. 2257, please see our 2257 statement which you can also reach via our home page.
k. The Company makes the Site available to you at the request of, and in its capacity as the agent of, the Community of Hosts. As such, whilst you may access some parts of the Site for free, certain parts of the Site (including participation in any HGCS) and some of the features and services thereon are not necessarily free of charge, and may be subject to a Host-Guest Agreement.
2. Member's Account and Account Information
a. You certify to the Company, both on its own account and in its capacity as agent of the Community of Hosts, that you are at least 18 years of age. You hereby agree to provide the Company with true, complete and up-to-date information regarding your registration and billing information. Any Guest providing the Company with information that is not true, complete and up-to-date shall not be permitted to continue to use the Site or participate in any HGCS, and may be subject to civil and criminal liability.
b. Every new Guest chooses a password and a screen name at time of registration. Please note that you should choose your name carefully and you may not choose or use a screen name of another person, a name that is violating a third party's intellectual property rights or a screen name that is offensive or inappropriate.
c. It is clarified that the Company owns all screen names used on the Site.
d. During your joining procedure, you will be required to download a simple program (the 'User Software'), which enables the Company to recognize some of your personal details. This is an important part of the Company's fraud prevention policy.
e. You also agree to provide the Company with a valid email address for Site verification purposes and for services quality assurance. This means that the Company can send you verification emails and also emails from the message center which any Host has requested that the Company convey to you. By becoming a registered member of the Site, you agree to receive from the Site commercial emails about the services and products of the site and its partners.
f. You are solely and entirely liable for all of the activities on the Site, including in any HGCS, conducted through your account. Please note that as a Guest you may not permit any other person to use your account. You must keep your user name / password strictly confidential and may not disclose them to any person. You may not assign or transfer any of your rights or obligations under these Terms and Conditions or under any Host-Guest Agreement, your username or your password, to any other person or entity. You must promptly inform the Company of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password.
g. Guests who are not permitted to continue to use the Site or participate in any HGCS may not access the Site or receive any Host Services without the prior express written permission of the Company.
h. If you have any questions or concerns regarding the Hosts, their security or their well-being, or regarding the transmission of Forbidden Content in an HGCS and/or MMCS or any other forbidden activity (including but not limited to alleged cases of: any child pornography, bestiality, rape or torture etc.). You are required to report IMMEDIATELY to the Company's Customer Service Department: info@imlive.com
i. Cancellation of your Guest account:
You may cancel your Guest account on the Site, at any time, by going to: http://imlive.com/preferences.aspx. In all cases of cancellation of your Guest account you will remain liable for all payments due on your Guest account as well as any liabilities arising from these Terms and Conditions or any Host-Guest Agreement.
j. Termination of your Guest account:
The Company reserves the right to cause you to cease using the Site and/or participating in any HGCS, at any time, and may delete your Guest account. Furthermore, in the event that the Site and/or the provision of Host Services is terminated or suspended, all Guest accounts (of all kinds) will be terminated immediately without any prior notifications from the Company. In any such case, you will remain liable for all payments due from your Guest account as well as any other liabilities arising under these Terms and Conditions or any Host-Guest Agreement.
3. Charges, Billing and Payments
a. The Company does not charge Guests any basic fee to use the Site or to download or use the User Software. However, Hosts may charge Guests for Host Services and other features on the Site, in accordance with the terms of the applicable Host-Guest Agreement. The applicable rates or the methods by which the applicable rates are determined are generally described on the Site at the location from which you enter a paying service.
b. You are able to see all of your records of usage of Host Services and other features of the Site as well as the status of your ImLive Credit and ImLive Treat Credit on http://imlive.com/gtransactions.aspx. For billing inquiries, please contact the Company's customer service at: http://imlive.com/help/CsCenter.aspx.
c. You may choose to purchase ImLive Credit in accordance with these Terms & Conditions by credit card, by check, by money wires directly to the Company's bank account or by prepaid payment through third parties. Credit card charges are processed via one of the Company's third party processors (CCBill or Epoch), which are fully secured and guaranteed to ensure your absolute privacy and reliability in the amount charged. For users paying with Visa, credit charges will appear on credit statements from either "CCbill.com or CCBilleu.com" or "Epoch.com", depending on which company is processing the account. Please note that your bank may charge you an additional service fee in connection with the transaction. This fee is not charged by the Company. Please note that your credit card issuer agreement governs your use of your designated credit card in connection with the Site. You must refer to that agreement and not these Terms and Conditions regarding your rights and liabilities as a credit card holder. You hereby agree that the Company may, at its own discretion, accumulate your charges. If you want to see the components of your accumulated charges, you are able to do so on http://imlive.com/gtransactions.aspx.
d. You are (and the Company is not) responsible for all charges associated with connecting to the Site.
e. Please note that in any case of a charge back occurring from your credit card with regard to the purchase of ImLive Credit, the Company shall be entitled to cause you to cease using the Site and obtaining any Host Services, and to terminate your Guest account immediately. If you have any questions regarding one or more of the transactions and/or regarding usage of the Site, please feel free to contact the Company's customer service at: http://imlive.com/help/CsCenter.aspx.
f. Refunds
The basic policy of the Company (in its capacity as agent of the Community of Hosts) is not to arrange for any refunds from Hosts to Guests unless specific extraordinary circumstances apply. In some cases, the Company (in its capacity as agent of the Community of Hosts) may issue refunds to Guests that approach the Company, in the form of ImLive Credit or ImLive Treat Credit.
If you register for a Host Discount Club and the Host is temporarily and/or permanently not available on the Site, the Company will not arrange for any refund from the applicable Host. It is clarified that Host Discount Club are provided by Hosts to Guests, and the Company does not charge any party for use or facilitation of any such Host Discount Club.
NO refunds will be made by cash or check.
4. ImLive.com Content
In order to enable the Community of Hosts to provide Host Services through the agency of the Company and to facilitate the provision of agency and facilitation services by the Company to the Hosts, you agree as follows:
a. You do not have any ownership or proprietary interest or claim in any of the information and content (in any format whatsoever) on the Site or transmitted pursuant to provision of the Host Services. All such information and content is either owned by the Company or the various Hosts (as the case may be) and is subject to any agreement as to ownership thereof between the Company and the Hosts). Any content provided by you is hereby licensed by you to the Company pursuant to Section 4(C) below, and you shall have no claims, demands or suits in this respect.
b. It is clarified that the Company does not prescreen and is not responsible for the content and information published and/or displayed pursuant to the provision of any Host Services (including in any HGCS) or other features of the Site. However, the Company shall have the right to remove content. In addition, the Company shall be entitled to cause you to cease using the Site and obtaining any Host Services, and to terminate your Guest account immediately, in the event that the Company deems that any content transmitted in an HGCS in which you participated or any content with which you are otherwise connected is harmful, offensive or otherwise violates these Terms and Conditions.
c. All materials on the Site, including pursuant to the provision of any Host Services, are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws, and may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from the Company. By submitting content and/or information to any "public area" on the Site, such as forums, message centers and entering a Video Chat room you grant the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and/or the information and/or to incorporate it in other works in any form, media or technology, for the full term of any rights that may exist in such content. You hereby warrant and represent that any content submitted by you is not infringing on any third party rights, including any intellectual property and publicity rights.
d. The names "ImLive" and "ImLive.com" are protected by trademark law as are other brand names on the Site.
e. Please note that some of the features of the Site and Host Services may contain content that is inappropriate for minors. You acknowledge that the Company cannot, and does not intend to, screen information and content transmitted on the Site or pursuant to the provision of the Host Services, in advance. Therefore, the Company shall not be held liable for any of the content provided by Guests and/or Hosts on the Site or pursuant to provision of the Host Services. However, the Company may, at its sole discretion, choose to monitor some or all of the content.
f. It is hereby clarified that in any event that the Company decides that any conduct by a Guest restricts or inhibits any other Guest and/or Host, person or entity from using or enjoying the Site or any Host Services, the Company shall be entitled to cause you to cease using the Site and obtaining any Host Services, and to terminate your Guest account immediately.
g. You are hereby committed to use the Site and any Host Services for lawful purposes only. Under no circumstances will you use the Site and/or any Host Services and/or your account to do the following:
* Promote or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, racially, ethnically or otherwise objectionable content; including, but not necessarily limited to, bestiality, incest, extreme sado-masochism or bondage presented in a sexual context, defecation in conjunction with a sex act, urination in conjunction with a sex act, violence, or any presentation of minors engaged in intimate physical contact or sexual situations, acted or depicted;
* Harass, embarrass, or cause distress, unwanted attention or discomfort upon another Guest and/or Host and/or user of the Site or any other person or entity;
* Disturb any other Guest and/or Host while on the Site;
* Impersonate any person or entity, including but not limited to a minor or an official representative of the Company;
* Post or transmit, or cause to be posted or transmitted on the Site or pursuant to any of the Host Services any materials advertising any business other than the Site; or
* Seek to obtain any password, account, or private financial information from any Guest and/or Host.
5. Promotions and campaigns:
From time to time The Site may make certain promotions and Campaigns available to its Guests. It is clarified that promotion and/or Campaign eligibility and duration is determined at the site's sole discretion. Promotion and/or Campaign offers are subject to the Guest’s purchase limitations and refer to online purchases only. Promotion and/or Campaign offers refer to ImLive.com credits only.
Any Guest who commits fraud, violates The Site's acceptable usage policy or whose account is terminated shall be disqualified from participation in the promotions and/or Campaign and will not be entitled to receive any bonus credits and/or awards. The Site may at its sole discretion require any Guest who participates in the promotions and/or Campaign to provide it with authenticating documentation. The Site is entitled to amend the promotion and/or Campaign rules at its sole discretion and/or cancel the promotion and/or Campaign at any time and you agree that you shall not be entitled to any compensation in such cases. Participation in any promotion and/or Campaign may limit eligibility for participation in future promotions and/or Campaigns.
New Guests offers/Campaign. Any special credit and/or campaign offer for new Guests will only be available for Guests who have no previous paying accounts with ImLive.com and/or its associated network sites.
New Guests who sign up to ImLive.com using a non-existent and/or disposable email address will not be eligible to use any special credit and/or campaign offer made available to new Guests.
The Site reserves the right to revoke any bonus credits and/or awards in the event it finds that credit was used and/or acquired due to a system error and/or illegitimate actions. The Site reserves the right to terminate any promotion and/or Campaign at any time, at its sole discretion without any prior notice.
6. EMAILS AND SPAM: AS A RESPONSIBLE MEMBER OF THE CYBER COMMUNITY THE COMPANY MAINTAINS A STRICT POLICY FORBIDDING ANY THIRD PARTY FROM SENDING ANY SORT OF PROMOTIONAL EMAILS ON BEHALF OF THE COMPANY OR THE SITE - SOLICITED OR UNSOLICITED. THIS MEANS WE GO BEYOND MERELY PROHIBITING SPAMMING. TO MAKE THINGS EVEN CLEARER FOR EVERYBODY WE DON'T LET ANYBODY ELSE SEND ANY EMAILS ON OUR BEHALF. MOREOVER, THE COMPANY ITSELF ONLY SENDS EMAILS TO PERSONS WHO HAVE REGISTERED ON THE SITE. THESE TWO POLICIES MAKE UP OUR STRONG "ANTI-SPAM POLICY". We do allow Guests to send a very small number of emails to friends and family via the Site. Although this function is very limited, i.e., it is not possible to transmit commercial quantities of emails via this function, abuse will nevertheless not be tolerated. Abuse of this function will result in the Company causing you to cease using the Site and obtaining any Host Services, and terminating your Guest account immediately. Please see our Anti-Spam Policy for further information including details of how to report violations of these policies - http://imlive.com/Spam.aspx.
7. BOOKMARKING:
The Site is designed such that a user wishing to visit portions of the Site potentially including adult content will be warned that he/she must be of age because he/she is entering an 'adult' area. The act of placing a web page (URL) into a temporary file on your browser so that the you may return to that page at a future date directly, without passing through any pages that may have been precedent ('bookmarking') may under certain circumstances result in the bypass of these warnings. Use of such bookmarks constitutes agreement by you that such warnings may be bypassed. Bookmarking may also cause you to bypass links to these Terms and Conditions and/or any Host-Guest Agreement. You hereby agree that use of such bookmarks to enter into the Site constitutes acceptance of the Terms and Conditions and any applicable Host-Guest Agreement.
8. DISCLAIMER OF WARRANTIES -
THE SITE AND ANY HOST SERVICES UNDER A HOST-GUEST AGREEMENT ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SITE AND ANY HOST SERVICES OR THE ABILITY OF THE SITE OR ANY HOST SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE SITE OR ANY HOST SERVICES; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF THE COMPANY IN THE SITE AND ANY HOST SERVICES, OR ANY WARRANTY THAT THE SITE OR ANY HOST SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE SITE OR ANY HOST SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PR OPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SITE OR ANY HOST SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR ANY HOST SERVICES WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE SITE AND ANY HOST SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
9. LIMITATION OF LIABILITY -
IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES OR SUPPLIERS OR THE COMPANY'S/ITS AFFILIATES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE SITE OR ANY HOST SERVICES, EVEN IF THE COMPANY OR ANY HOST WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY HOST SERVICES OR YOU HAVE ANY DISPUTE WITH THE COMPANY OR ANY HOST IN CONNECTION WITH THE SAME OR THESE TERMS AND CONDITIONS THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE AND THE HOST SERVICES (AND UNINSTALL THE USER SOFTWARE).
10. THIRD PARTY LINKS AND PRODUCTS -
VIA OR IN CONNECTION WITH THE SITE AND THE COMMUNICATION SERVICES WE MAY PROVIDE YOU WITH LINKS TO SITES, AND OFFERS FOR PRODUCTS AND SERVICES, OF THIRD PARTIES. WE HAVE NO CONTROL OVER SUCH SITES OR OVER SUCH PRODUCTS AND SERVICES. WE ARE NOT RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY SITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES. NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
11. PATENTS
Streaming may be covered by, among others, one or more of U.S. Patent Nos. 6,766,376; 7,716,358; 8,122,141; 8,185,611; 8,327,011; 8,364,839; 8,595,372; 9,762,636; 9,742,824; 9,729,594; 10,567,453; 10,298,638; and 10,298,639, based on claims of patent holders.
12. ADULT ACTIVITIES (Live Sex Chat Category)
PARTS OF THIS SITE AND COMMUNICATION SERVICES ARE DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS - WHO ARE AT LEAST 18 YEARS OLD WHO ARE INTERESTED IN AND WISH TO HAVE ACCESS TO VISUAL IMAGES, VERBAL DESCRIPTIONS, AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE. THE MATERIALS (INCLUDING ANY PRODUCTS, FEATURES OR SERVICES) WHICH ARE AVAILABLE WITHIN THIS SITE AND VIA THE HOST SERVICES MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED BY ANYONE YOUNGER THAN 18 YEARS OLD OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WISH TO BE EXPOSED TO SUCH MATERIALS. BY JOINING THE SITE YOU ARE MAKING THE FOLLOWING STATEMENTS:
"UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF AGE. I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE TO HAVE ACCESS TO ANY OF THE MATERIALS (INCLUDING ANY PRODUCTS OR FEATURES) CONTAINED WITHIN THIS SITE OR VIA THE HOST SERVICES. I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE AND THE HOST SERVICES, I WILL BE EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE VARIOUS MATERIALS AND/OR ORDER AND ENJOY THE USE OF SUCH PRODUCTS OR FEATURES, WHICH ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT, INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER ARE WITHIN THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE. I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL."
13. RESTRICTED LOCATIONS
THE SITE AND HOST SERVICES MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD, OR COULD BE DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM. WITHOUT DEROGATING FROM THE ABOVE, THE COMPANY MAY RESTRICT OR DENY ACCESS TO THE SITE TO GUESTS IN ANY COUNTRY OR LOCATION AT ANY TIME AT ITS SOLE DISCRETION, AND SHALL NOT BE HELD LIABLE IN ANY WAY BY ANY GUEST (INCLUDING IN CONNECTION WITH LOSS OF IMLIVE CREDITS OR IMLIVE TREAT CREDITS) IN SUCH RESPECT.
14. INDEMNIFICATION:
You shall indemnify and hold the Company, the owners and operators of the Company and the Site as well as their officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Company in connection with any claims of any kind, that result directly or indirectly from your activities in connection with the Company including without limitation on the Site or via the Host Services. Such claims shall include, without limitation, claims in respect of any violation of law in any HGCS.
15. NOTICES:
Notices by the Company to you may be given by means of electronic messages through the Site, by a general posting on the Site, or by conventional email. Notices by you to the Company may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in these Terms and Conditions.
16. SEVERABILITY -
To the extent that a court of competent jurisdiction determines that any specific term or terms of these Terms and Conditions is/are unenforceable, the other terms of these Terms and Conditions will continue in full force and effect.
17. WAIVER -
No employee, agent or representative, including without limitation any customer service representative, of the Company or any Host shall be entitled to waive any term of these Terms & Conditions.
18. HEADERS -
Headers of sections in these Terms & Conditions are included for convenience only and shall not be used to interpret these Terms & Conditions.
19. GOVERNING LAW -
This Agreement shall be governed by and construed and interpreted solely in accordance with the laws of the Principality of Andorra, without giving effect to the principles thereof relating to conflict of laws. The authorized courts in the Principality of Andorra shall have exclusive jurisdiction with respect to any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity and/or termination.
