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Terms of Service
THIS DISCLAIMER AND TERMS OF SERVICE AGREEMENT
("AGREEMENT") CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU
("USER") AND AmateurGirlsUnleashed
("AmateurGirlsUnleashed") AND DESCRIBES THE TERMS AND
PROVISIONS APPLICABLE TO YOUR USE OF PROPRIETARY SITES AND SERVICES
WITHIN THE DOMAIN AND SUB-DOMAINS OF AmateurGirlsUnleashed.COM
("SERVICES") AND ANY FUNCTIONS TO BE PERFORMED THEREBY. YOU
MUST READ, AGREE WITH, AND ACCEPT ALL OF THE TERMS AND PROVISIONS
CONTAINED IN THIS AGREEMENT, INCLUDING THE TERMS AND PROVISIONS
EXPRESSLY SET FORTH BELOW AND THOSE INCORPORATED BY REFERENCE, BEFORE
YOUR USE OF THE SERVICES IS AUTHORIZED. THE ABOVE NAMED PARTIES ARE
HEREIN REFERRED TO SINGULARLY AS A "PARTY" AND COLLECTIVELY AS
"PARTIES".
THIS AGREEMENT WILL
BE GOVERNED BY THE ELECTRONIC SIGNATURES ACT. YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND PROVISIONS CONTAINED IN THIS AGREEMENT BY
SELECTING "I AGREE" AND CLICKING THE APPROPRIATE BUTTON BELOW
OR BY ANY ACCESS, VIEWING, OR USE OF THE SERVICES. IF YOU DO NOT AGREE,
YOU MUST SELECT "I DISAGREE" AND NOT ACCESS, VIEW, OR USE ANY
PART OF THE SERVICES.
1. Ownership
and Intellectual Property
1.1 "User
Materials" is defined as any information, data, content, or
materials you provide (directly or indirectly) to AmateurGirlsUnleashed
or other Users. User Materials include information you submit, transfer,
post, or deliver to the Services, including without limitation, data,
information, email addresses, User Accounts, User Accounts, and
passwords, as well as any other information resulting from or produced
by your use of the Services obtained by AmateurGirlsUnleashed. Users are
solely responsible for User Materials, and you hereby agree that
AmateurGirlsUnleashed acts as a passive means for the online storage,
distribution, and publication thereof.
1.2 Other than User Materials, all information included within or
available via the Services, such as data, information, processes,
procedures, methods, advertisements, articles, publications, text,
graphics, logos, icons, images, audio, videos, software, and other
analog or digital information in any media, now known or later developed
(collectively the "Content"), is the property of
AmateurGirlsUnleashed or its licensors and is protected by copyright,
trademark, patent, or other intellectual and proprietary rights.
1.3 The compilation, meaning the
collection, arrangement, and assembly, of all Content via the Services
are the exclusive property of AmateurGirlsUnleashed or its licensors ,
and is protected by copyright, trademark, patent, or other intellectual
and proprietary rights. All software used via the Services are the
property of AmateurGirlsUnleashed or its licensors and is protected by
copyright, patent or other intellectual and proprietary rights.
1.4 All elements of the Services,
including without limitation, the general design and Content, are
protected by trade dress, moral rights, copyright, trademark, patent, or
other intellectual and proprietary rights. Except as explicitly
permitted under this or another agreement with AmateurGirlsUnleashed or
one of its respective licensors , no portion or element of this Services
or its Content may be copied or retransmitted via any means, and this
Services, its Content, and all related rights will remain the exclusive
property of AmateurGirlsUnleashed or its licensors unless otherwise
expressly agreed.
1.5 User may not
reproduce, resell or sublicense the Services without the express prior
written consent of AmateurGirlsUnleashed. User will not use the Services
for any other purpose or for the benefit of any of its affiliates or any
third party except as expressly authorized in advance in writing by
AmateurGirlsUnleashed. User may not make any derivative works or other
products or software based in whole or in any part on the Services. User
may not modify the Services, Services, or the documentation for its own
use or for the use of any other person or entity.
1.6 The Services are copyrighted by AmateurGirlsUnleashed and all
websites, html code, and documents printed or generated by the Services
or contained in the documentation are covered by the copyright notice
and the restrictions on reproduction, publication, and distribution
contained in this Agreement apply. User will not remove or alter any
copyright notice contained in or generated by the Services.
1.7 You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy any portion of the Services
contained herein without the prior express written permission of
AmateurGirlsUnleashed. You agree that you will not use any device,
software, or routine to bypass any operational element, or to interfere
or attempt to interfere with the proper working of the Services, server,
or activities conducted therein. You agree that you will not take any
action that imposes an unreasonable or disproportionately large load on
Services or network infrastructure.
1.8
Much of the Content is updated on a real time basis and is proprietary
or licensed to AmateurGirlsUnleashed by its Users or licensors . You
agree that you will not copy, reproduce, alter, modify, create
derivative works, or publicly display any Content, except for User
Materials, without the prior express written permission of
AmateurGirlsUnleashed or respective AmateurGirlsUnleashed.
1.9 "AmateurGirlsUnleashed" and any accompanying logos, alone
or in conjunction with any text, are trademarks and service marks of
AmateurGirlsUnleashed and are in use, registered, or pending in certain
countries. AmateurGirlsUnleashed retains all right, title, and interest
in and to its trademarks, service marks, domain names, Internet sites,
and trade names worldwide (collectively the "Marks"). You
agree to use the Marks only with the prior express written permission of
AmateurGirlsUnleashed, and then only in the manner authorized. You may
not alter, modify, or change the Marks in any way under any
circumstances.
1.10 Subject to the terms
and provisions of this Agreement, AmateurGirlsUnleashed grants a limited
license to you to make personal use of the Services only for their
intended purposes. This license expressly excludes any resale or making
a derivative of the Services, the collection and use of other
Users' personal information, email addresses, User Materials, or
any data extraction or data mining whatsoever, except with the prior
express written permission of the respective owner. You may not repost
or otherwise reuse or distribute materials created by or resulting from
using the Services.
1.11 You may not use,
export, or re-export the Content or Services at this Services or any
copy or adaptation thereof in violation of any applicable law or
regulation, including without limitation, United States export laws and
regulations.
1.12 You agree to take all
action and cooperate, at AmateurGirlsUnleashed' request, to protect
AmateurGirlsUnleashed' right, title, and interest in any property,
and agree to execute any documents necessary to perfect
AmateurGirlsUnleashed' ownership of such right, title, and
interest.
1.13 Nothing in this Agreement
grants either Party ownership or other rights except in accordance with
the terms of this Agreement.
2. Services License and Use of the Services
2.1 Subject to the terms and provisions of this Agreement,
AmateurGirlsUnleashed hereby grants to User a non-exclusive,
non-transferable, non-sublicensable license to use and operate the
Services in conjunction with the operation and function of the Services
in accordance with the documentation.
2.2
The license granted in this Section extends to the Services in
executable code form as its exists as an integral part of the Services
only and not to source code. AmateurGirlsUnleashed does not grant, and
User does not obtain under this Agreement, any right to distribute,
sell, or sublicense the Services in any form. Except as provided herein,
AmateurGirlsUnleashed grants no rights or licenses to User, by
implication, estoppel, or otherwise, in or to the Services or any
intellectual property rights therein. User acknowledges that no right or
license in or to any source code or technical-level documentation is
granted under this Agreement. AmateurGirlsUnleashed reserves all rights
not expressly granted to User hereunder.
2.3 User acknowledges that use of the Services is limited to the scope
of the license granted under this Section and that this Agreement does
not permit the User to use the Services other than as provided herein.
User acknowledges that the Services and its structure, organization, and
source code constitute valuable trade secrets of AmateurGirlsUnleashed
and its suppliers. Without AmateurGirlsUnleashed' prior written
consent, User will not knowingly or negligently permit other individuals
or entities to:
(A) use or copy the
Services except in strict accordance with the terms and provisions of
this Agreement;
(B) modify, translate,
alter, adapt, reverse engineer, decompile, disassemble (except to the
extent applicable laws specifically prohibit such restriction),
reproduce, distribute or display, or create derivative works,
compilations or collective works based on the Services;
(C) apply any process, technique or procedure to ascertain or derive the
source code to the Services, which is a valuable trade secret of
AmateurGirlsUnleashed;
(D) merge the
Services with any other software; publish or provide any results of
benchmark tests run on the Services to a third party;
(E) sublicense, rent, lease, grant a security interest in, or otherwise
transfer rights to the Services except as specifically permitted herein;
(F) use the Services to operate in or as
a time-sharing, outsourcing, or service bureau environment other than
for User's own internal use; or
(G) in any way allow third-party access to the Services.
2.4 The Services are available only to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing,
the Services are not available to minors or to temporarily or
indefinitely suspended Users. If you are a minor, you can use this
service only in conjunction with your parents or guardians. If you do
not qualify, do not access or use the Services.
2.5 To use the Services, you must accept the terms and provisions
contained in this Agreement on behalf of yourself or the corporation,
partnership, or other legal entity that will be using the Services. By
accepting this Agreement, you represent that you are:
(A) eighteen (18) years of age or older, or twenty-one (21) years
of age or older in places where eighteen (18) years of age is not the
age of majority; and
(B) if applicable,
you are authorized to sign for and bind the corporation, partnership, or
other legal entity that will be using the Services.
2.6 User Accounts or User Accounts may not be transferred or sold
to another party. If you are registering as a business entity, you
represent that you have the authority to bind the entity to this terms
and provisions contained in this Agreement.
2.7 You agree to comply with all applicable local, state, federal, and
international laws and regulations related to use of the Services.
2.8 You may not use the Services to
engage in fraud or other illegal activity, or to infringe the
intellectual property rights of AmateurGirlsUnleashed or third parties.
If you believe that a User of this Services has infringed on materials
protected by copyright, trademark, or patent law, contact
AmateurGirlsUnleashed@protonmail.com.
2.9
You agree to comply with the terms and provisions of all agreements you
have with any third parties, as such terms and provisions relate to use
of the Services.
2.10 In consideration
for the Services to be provided by AmateurGirlsUnleashed to User
hereunder, User agrees to comply with, and AmateurGirlsUnleashed will
invoice User in accordance with, the applicable AmateurGirlsUnleashed
Price List, the terms and provisions of which are incorporated herein by
reference. A current version of the AmateurGirlsUnleashed Price List for
any respective AmateurGirlsUnleashed site is maintained at the
respective AmateurGirlsUnleashed site URL.
2.11 Except as the Parties specifically agree in writing, You will be
solely responsible for the selection, implementation, and performance of
all third party equipment, software, and telecommunication equipment and
services, including without limitation, Internet email connectivity and
Internet services used in connection with the Services. You are
responsible for ensuring that the email system and computer with which
you choose to operate the Services and products thereof, including
without limitation, data or information generated by or resulting from
the operation of the Services, meets AmateurGirlsUnleashed' minimum
standards for interoperability, including without limitation, processing
speed, memory requirements, choice of email server and client software,
and use of dedicated Internet access for accessing Internet email.
2.12 User Accounts allow trial access to
limited and restricted Services and Content. Unlimited and unrestricted
access to the Services and Content requires an upgrade to a Full User
Account according to the monthly fee schedule. TRIAL ACCESS USER
ACCOUNTS WILL ONLY ALLOW ACCESS TO A LIMITED AREA OF THE SITE. IN ORDER
TO ACCESS THE FULL AMOUNT OF SERVICES AND CONTENT AVAILABLE WITHIN THE
SITE, USERS MUST UPGRADE TO A FULL USER ACCOUNT.
3. User Materials
3.1 User Materials, or
any items included therein:
(A) will not
be false, inaccurate, or misleading;
(B)
will not be fraudulent or involve the sale of counterfeit or stolen
items;
(C) will not infringe any third
party's intellectual property, copyright, patent, trademark, trade
secret, publicity rights, privacy rights, or other proprietary rights;
(D) will not violate any local, state,
federal, or international law or regulation, including without
limitation, those governing export control, consumer protection, unfair
competition, anti- discrimination, false advertising, deceptive
practices, or securities transactions;
(E) will not be defamatory, libelous, unlawfully threatening, or
unlawfully harassing;
(F) will not be
obscene, contain child pornography, harmful to minors, or be distributed
to people not legally permitted to receive such content;
(G) will not create liability for AmateurGirlsUnleashed or cause it to
lose, in whole or in part, the Services, its Internet Service Provider,
hosting server, or other suppliers;
(H)
will not violate the terms and provisions of any agreements you have
with any third parties as such relate to your use of the Services; and
(I) will not contain any virus, Trojan
Horse, worm, time bomb, cancelbot, robot, spider, monitor, or other
computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept, record, or expropriate any
system, data, or personal information.
3.2 You will only use the Services solely for purposes related to the
Services.
3.3 By entering into this
Agreement you grant AmateurGirlsUnleashed a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicensable (through multiple
tiers) right, including a waiver of any applicable moral rights, to
exercise the copyright and publicity rights you have in your User
Materials, in any media now known or later developed, solely for
purposes related to providing the Services. You represent and warrant
that you have the authority to grant such license and that the holder of
any intellectual property or other proprietary rights in your User
Materials has licensed, assigned, or waived such holder's rights to
the extent necessary to grant the license.
3.4 Any communications or materials you transmit to
AmateurGirlsUnleashed by electronic mail or otherwise may be used by
AmateurGirlsUnleashed, its affiliates, or licensors for any purpose,
including without limitation, reproduction, disclosure, display,
performance, transmission, publication, broadcast, and posting.
Furthermore, AmateurGirlsUnleashed and its affiliates and licensors are
free to use any ideas, concepts, know-how, hypothesis, premise, or
technique contained in any such communication for any purpose
whatsoever, including without limitation, developing, manufacturing, and
marketing products or services.
3.5
AmateurGirlsUnleashed reserves the right to access, monitor, remove, or
disable access to any User Materials at any time in its sole and
absolute discretion.
4. Warranty Disclaimer
4.1 EXCEPT AS
SPECIFICALLY PROVIDED OTHERWISE IN THIS AGREEMENT, YOU ACKNOWLEDGE AND
AGREE THAT USE OF THE SERVICES, SERVICES, SITE, CONTENT, OR ANY
MATERIALS CONTAINED THEREIN OR CONSTITUTING A PART THEREOF ARE AT YOUR
OWN RISK AND THAT AmateurGirlsUnleashed, ITS AFFILIATES,
AmateurGirlsUnleashedS, AND SUPPLIERS PROVIDE THE SERVICES AND CONTENT
"AS IS" AND "AS AVAILABLE", WITHOUT ANY EXPRESS,
IMPLIED, OR STATUTORY WARRANTIES, REPRESENTATIONS, ENDORSEMENTS, OR
CONDITIONS. AmateurGirlsUnleashed, ITS AFFILIATES,
AmateurGirlsUnleashedS, AND SUPPLIERS SPECIFICALLY DISCLAIM, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, INCLUDING
WITHOUT LIMITATION:
(A) ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NONINFRINGEMENT;
(B) THAT THE SERVICES, CONTENT, OR ANY MATERIALS CONTAINED THEREIN OR
CONSTITUTING A PART THEREOF WILL MEET ANY REQUIREMENTS OR WILL BE
AVAILABLE, ACCURATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED,
SECURE, OR FREE FROM DEFECTS OR ERROR, INCLUDING WITHOUT LIMITATION,
TRANSMISSION OR RECEPTION OUTAGES, BLOCKAGES, WEAKNESSES, STATIC, VIRII,
WORMS, TROJAN HORSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS OR
EVENTS;
(C) ANY IMPLIED WARRANTY
ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
(D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER
OR NOT ARISING FROM THE NEGLIGENCE OF AmateurGirlsUnleashed, ITS
AFFILIATES, AmateurGirlsUnleashedS, OR SUPPLIERS.
4.2 While reasonable efforts are made to ensure the accuracy,
correctness, and reliability of the Services, AmateurGirlsUnleashed
makes no representations or warranties as to the accuracy, correctness,
and reliability of the Services, which may be out of date.
AmateurGirlsUnleashed makes no commitment to update the Services.
4.3 AmateurGirlsUnleashed does not
guarantee continuous, uninterrupted, or secure access to the Services,
and operation may be interfered with by numerous factors beyond its
control.
4.4 The Services is provided
"as is" and "with all faults" and the entire risk as
to the satisfactory quality, performance, accuracy, and effort is with
the User.
4.5 AmateurGirlsUnleashed may
provide links to third party sites. Links to third party sites are
provided solely as a convenience. Use of such links will cause the User
to leave the Services. AmateurGirlsUnleashed does not review or control
any third party sites, and does not endorse, make any representations
regarding, and is not responsible for any content, services,
information, software, products, or materials found therein, nor any
loss or results suffered in relation to use of the third party site.
Access of any third party site via the AmateurGirlsUnleashed domain or
sub-domain is entirely at the User's own risk. You hereby waive any
and all claims against AmateurGirlsUnleashed regarding the inclusion of
links to third party sites and your use of those sites.
4.6 Some states and foreign countries do not permit the exclusion or
limitation of implied warranties. Therefore, some or all of the above
limitations may not apply to the extent they are prohibited or
superseded by state or national provisions. There may also be other
legal rights which vary from state to state.
4.7 No representative, agent, employee, or other person is authorized to
make any modifications, extensions, or additions to any warranty or
disclaimer contained herein.
5. Limitation of Liability
5.1 EXCEPT AS
SPECIFICALLY STATED IN THIS AGREEMENT OR ELSEWHERE VIA THE SERVICES, OR
AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER AmateurGirlsUnleashed
NOR ITS SUCCESSORS, ASSIGNS, AFFILIATES, AmateurGirlsUnleashedS, OR
SUPPLIERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
OR CONSULTANTS, OR ANY OTHER THIRD PARTY MENTIONED AT THE SERVICES WILL
BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT
LIMITATION:
(A) THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION;
(B) DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THE RELIANCE ON OR USE,
MISUSE, INABILITY TO USE, RESULTS OF USE, OR PERFORMANCE OF THE SERVICES
AND ANY THIRD PARTY SERVICESS LINKED TO FROM THE SERVICES, OR THE
MATERIALS, INFORMATION, MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS,
DEFECTS, DELAYS IN OPERATION, TRANSMISSION, OR FAILURE THEREOF, OR LINKS
CONTAINED AT ANY OR ALL SUCH SERVICESS, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES; OR
(C)
ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, OR COSTS, INCLUDING
LEGAL OR ATTORNEYS' FEES, RESULTING DIRECTLY OR INDIRECTLY OUT OF,
OR OTHERWISE ARISING IN CONNECTION WITH, ANY ALLEGATION, CLAIM, SUIT, OR
OTHER PROCEEDING BASED UPON A CONTENTION THAT USE OR ACCESS OF THE
SERVICES, CONTENT, OR ANY MATERIALS CONTAINED THEREIN, INCLUDING CONTENT
AND MATERIALS SUPPLIED BY YOUR OR A THIRD PARTY, INFRINGES THE
COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PUBLICITY,
PRIVACY, OR OTHER INDUSTRIAL, CONTRACTUAL, OR INTELLECTUAL PROPERTY
RIGHTS OF ANY THIRD PARTY. THIS LIMITATION APPLIES TO THE ACTS,
OMISSIONS, NEGLIGENCE, AND GROSS NEGLIGENCE OF AmateurGirlsUnleashed,
ITS SUCESSORS, ASSIGNS, AFFILIATES, AmateurGirlsUnleashedS, OR
SUPPLIERS, TOGETHER WITH ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AND CONSULTANTS WHICH, BUT FOR THIS PROVISION, WOULD GIVE
RISE TO A CAUSE OF ACTION AGAINST AmateurGirlsUnleashed IN CONTRACT,
TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDY
REGARDING ANY OF THE FOREGOING IS TO DISCONTINUE USE OF THE SERVICES,
CONTENT, AND ANY MATERIALS CONTAINED THEREIN.
5.2 If your use of the Services results in the need for servicing,
repair or correction of equipment or data, you assume all costs thereof.
5.3 The aggregate liability of
AmateurGirlsUnleashed, its suppliers, or distributors to you or any
third parties in any circumstance is limited to one-hundred United
States dollars ($100).
5.4 Some United
States states and foreign countries do not permit the exclusion or
limitation of incidental or consequential damages. Therefore, some or
all of the limitations above may not apply to you to the extent they are
prohibited or superseded by state or national provisions. You may also
have other legal rights which vary from state to state.
5.5 In jurisdictions not allowing the exclusion or limitation of
incidental or consequential damages, the liability of
AmateurGirlsUnleashed, its successors, assigns, affiliates, licensors ,
and suppliers, together with all of their respective officers,
directors, employees, and consultants will be limited to the fullest
extent permitted by applicable law.
6. Indemnification
6.1 You hereby agree to defend, indemnify, and hold harmless
AmateurGirlsUnleashed, its successors, assigns, affiliates, licensors ,
and suppliers, together with all of their respective officers,
directors, employees, and consultants from and against any and all
claims, civil and criminal liability, judgments, penalties, taxes,
damages, and all costs and expenses, including without limitation, those
arising out of or relating to your use, misuse, or inability to use the
Services or any materials, or any violation of this Agreement or any
local, state, or federal law, regulation, or statute, or any rights of
any third parties, including without limitation:
(A) any third party claim, action, or allegation that the Services
infringe or violates any third party's copyright, patent, trade
secret, trademark, right of publicity, or right of privacy, contains any
defamatory content, or violates any local, state, or federal law,
regulation, or statute, including without limitation, any claim of
personal injury or product liability;
(B)
any fraud, manipulation, or other breach of this Agreement or other
policies and agreements by you;
(C) any
third party claim, action, or allegation brought against
AmateurGirlsUnleashed arising out of or relating to a dispute with you
over the terms and provisions of an agreement or related to the purchase
or sale of any goods or Services;
(D)
your violation of any law or the rights of a third party;
(E) your use, or AmateurGirlsUnleashed' provision, of the Services
or use of your User Account by any third party. AmateurGirlsUnleashed
will have the right to participate in its defense and hire counsel of
its choice, at your expense. You will not settle any action or claims on
AmateurGirlsUnleashed' behalf without the prior written consent of
AmateurGirlsUnleashed; and
(F) reasonable
attorneys' fees resulting from any breach of any warranty or
representation under this Agreement.
6.2
AmateurGirlsUnleashed reserves the right to exclusively defend and
control any indemnification matters and you hereby agree that you will
fully cooperate and assist in any such defense.
7. Deactivation, Suspension, and
Termination
7.1 Without limiting other
remedies, AmateurGirlsUnleashed, in its sole and absolute discretion,
may terminate this Agreement, deactivate, suspend, or terminate your
access to the Services immediately without notice for any reason,
including without limitation:
(A)
infringement of the intellectual property rights of
AmateurGirlsUnleashed or third parties;
(B) inability to verify or authenticate any information you provide to
us;
(C) breach of any terms of this
Agreement or documents incorporated by reference;
(D) breach of the applicable AmateurGirlsUnleashed Price List; or
(E) the taking of any actions that, in
the sole judgment of AmateurGirlsUnleashed, may cause financial loss or
legal liability for you, AmateurGirlsUnleashed, or other Users.
7.2 In the event AmateurGirlsUnleashed
suspends or terminates your access to the Services, you acknowledge that
you may be denied any further access to any User Materials placed on any
AmateurGirlsUnleashed site or network location.
8. Privacy
8.1 AmateurGirlsUnleashed is committed to protecting User privacy and
will only use and disclose User information in accordance with the
provisions of this Agreement.
8.2
AmateurGirlsUnleashed collects information in different ways throughout
the various parts of its Services. This information is used to provide a
customized experience as you use the Services and, generally, do not
share this information with third parties. Personal information will
only be disclosed if your permission is received beforehand or in very
special circumstances, such as when AmateurGirlsUnleashed believes such
disclosure is required by law or other special cases.
8.3 Users may be asked to provide certain personal information when they
are assigned a User Account, including name, address, telephone number,
email address, billing information, and the type of computer being used
to access the Services. The personal information collected from Users
during the User Account assignment process is used to manage User
information and for billing purposes related to AmateurGirlsUnleashed.
The personal information collected from Users is used to enable
delivery, operation, and maintenance of the Services, including without
limitation, to provide accurate customer and technical service, to
respond to inquiries and troubleshooting, to ensure proper delivery of
Content and billing information, to provide specific services as
requested or subscribed for, to protect the security of the Services and
network resources, to ensure compliance with local, state, or federal
laws, regulations, or statutes, to ensure compliance with this Agreement
and other policies governing use of the Services, and to maintain
records. This information is not shared with third parties unless your
permission is received beforehand or in very special circumstances, such
as when AmateurGirlsUnleashed believes that such disclosure is required
by law.
8.4 You must at all times
maintain the confidentiality of User Accounts and passwords. If you are
a corporation or other legal entity, you may allow employees to use User
Accounts and passwords, provided that you are responsible for all
activity by such employees.
8.5
Permitting use of the Services by a third party is prohibited and is a
violation of this Agreement. If there is a breach of security through
your User Account, you must immediately change your password and also
notify AmateurGirlsUnleashed. You will be liable for any unauthorized
use of the Services until you notify us of the security breach.
8.6 AmateurGirlsUnleashed may provide
links to third party sites where you can purchase products and services
or register to receive materials, such as catalogs or new product and
service updates. The third party site may ask you to provide personal
information, such as name, address, email address, phone number, and
credit/debit card information. If you complete an order for someone
else, such as an online gift order sent directly to a recipient, the
third party site may ask you to provide personal information about the
recipient, such as the recipient's name, address, email address,
and phone number. AmateurGirlsUnleashed has no control over any third
party site's use of any personal information you provide to such
third party site under any circumstances. Please exercise extreme care
when providing personal information to a third party site.
8.7 AmateurGirlsUnleashed may display online advertisements and may
share aggregated and non-identifying information about Users collected
via the Services, as well as through online surveys and promotions with
these advertisers. Additionally, in some instances, this aggregated and
non-identifying information is used to deliver tailored advertisements.
AmateurGirlsUnleashed does not share personal information about Users
with these advertisers.
8.8 When Users
send email inquiries to an email address within the
AmateurGirlsUnleashed.com domain, the return email address is used to
answer the email inquiry. AmateurGirlsUnleashed does not use the return
email address for any other purpose and does not share the return email
address with any third party under any circumstances.
8.9 AmateurGirlsUnleashed may periodically conduct User surveys. Users
are encouraged to participate in these surveys because they provide
important information to assist in improving the Services. Responses to
such surveys will remain strictly confidential and participation is
voluntary.
8.10 Information received from
responses to User surveys may be combined, or aggregated, with the
responses of other AmateurGirlsUnleashed Users to create broader,
generic results to the survey questions. The aggregated information may
be used to improve the quality of the Services. This aggregated,
non-personally identifying information may be shared with third parties.
8.11 AmateurGirlsUnleashed does not to
use or share the personal information about Users in ways unrelated to
the ones described above without also providing you an opportunity to
opt out or otherwise prohibit such unrelated uses. However,
AmateurGirlsUnleashed may disclose personal information about Users, or
information regarding your use of the Services or third party sites
accessible through the Services, for any reason if AmateurGirlsUnleashed
believes, in its sole and absolute discretion as permitted by law, that
it is legal, ethical, and reasonable to do so in order to:
(A) satisfy laws, such as the Electronic Communications Privacy Act,
regulations, or governmental or legal requests for such information;
(B) disclose information that is
necessary to identify, contact, or bring legal action against someone
who may be violating the terms and provisions of this Agreement;
(C) operate the Services properly; or
(D) protect the Services and its Users.
8.12 A "cookie" is a small data
file that can be placed on your computer's hard drive when you
visit certain Internet sites. AmateurGirlsUnleashed may use cookies to
collect, store, and sometimes track information for statistical purposes
to improve the Services and to manage networks and systems. If you have
been assigned a User Account, cookies are used to save your settings and
to provide customizable and personalized Services. These cookies do not
enable third parties to access any personal information. Additionally,
be aware that if you visit third party sites where you are prompted to
log in or that are customizable, you may be required to accept cookies.
8.13 Advertisers, third parties, and
partners may also use their own cookies. AmateurGirlsUnleashed does not
control use of these cookies and expressly disclaims responsibility for
information collected through them.
8.14
Protecting children's privacy is especially important. It is
AmateurGirlsUnleashed policy to comply with the Children's Online
Privacy Protection Act of 1998 and all other applicable laws.
8.15 Please remember that any information you may disclose in public
areas of the Services or the Internet, becomes public information. You
should exercise extreme care when deciding to disclose personal
information in these public areas.
8.16
The Services has security measures in place to protect the loss, misuse,
and alteration of the information under its control. While
AmateurGirlsUnleashed makes every effort to ensure the integrity and
security of its network and systems, it cannot guarantee that these
security measures will prevent third-parties from illegally obtaining
this information.
9. Confidentiality
9.1 Each Party will
treat as strictly confidential all Confidential Information of the other
Party, and will not disclose such Confidential Information to any person
or entity or use such Confidential Information except as contemplated
herein or as otherwise authorized in writing. Each Party will implement
procedures to prohibit the unauthorized disclosure or misuse of the
other Party's Confidential Information by its agents, employees,
and representatives, and will not intentionally disclose such
Confidential Information to any third party except for the purposes of
this Agreement, and subject to confidentiality obligations similar to
those set forth herein.
9.2
Notwithstanding the above, neither Party will have liability to the
other with regard to any Confidential Information of the other which:
(A) was publicly available at the time it
was disclosed or becomes publicly available through no fault of the
receiver;
(B) was known to the receiver,
without similar confidentiality restriction, at the time of disclosure;
(C) is disclosed with the prior written
approval of the discloser;
(D) is
independently developed by the receiver without any use of the
Confidential Information; or
(E) becomes
known to the receiver, without similar confidentiality restriction, from
a source other than the discloser without breach of this Agreement by
the receiver.
9.3 In addition, each Party
will be entitled to disclose the other's Confidential Information
to the extent required by any order or requirement of a court,
administrative agency, or other governmental body, provided that the
receiver will provide prompt, advance written notice thereof to the
discloser and cooperate with the discloser if the discloser elects to
seek a protective order or otherwise prevent such disclosure.
9.4 Nothing in this Agreement will restrict each Party's rights to
assign or reassign its employees, including without limitation those who
have had access to the other Party's Confidential Information, to
any project in its discretion.
10. Term
10.1 This Agreement will enter
into force on the date on which User manifest their consent by selecting
"I Agree" and clicking the appropriate button below or by any
access, viewing, or use of the services, and will remain in force for
twelve (12) months thereafter. This Agreement will automatically be
renewed for additional periods of twelve (12) months, unless it is
terminated by either Party giving one month written notice prior to the
expiration of the initial or any additional term. AmateurGirlsUnleashed
will notify User of any changes in the terms of this Agreement at least
thirty (30) days prior to the expiration of the initial or any
additional terms.
10.2 If either
Party defaults in the performance of its material obligations hereunder
and if any such default is not corrected within thirty (30) days after
it will have been called to the attention of the defaulting Party in
writing by the other Party, then the other Party, at its option, may, in
addition to any other remedies it may have, thereupon terminate this
Agreement by giving written notice of termination to the other Party
10.3 If any amounts due under this
Agreement are not paid when due, then AmateurGirlsUnleashed may, at its
option, without limiting AmateurGirlsUnleashed' other available
remedies suspend its further obligations to User under this or any other
agreement between the Parties and, if such amounts remain unpaid twenty
(20) days after receipt by User of written notice from
AmateurGirlsUnleashed that such amounts are overdue,
AmateurGirlsUnleashed may, in its sole and absolute discretion,
terminate this Agreement immediately and without further notice.
11.
Governing Law and Dispute Resolution
11.1
This Agreement will be interpreted, construed and governed by the laws
of the State of Washington, United States of America, without reference
to its laws relating to conflicts of law and not including the
provisions of the 1980 United Nations Convention on Contracts for the
International Sale of Goods.
11.2 Venue
for all disputes arising under this Agreement will lie exclusively in
Lynden, Washington.
11.3 You agree that
any and all disputes, claims, or controversies arising from or relating
to this Agreement or the breach, termination, or validity thereof which
cannot be resolved informally will be resolved individually, without
resort to any form of class action or consolidation in any arbitration
with any dispute, claim, or controversy of any other party, and will be
submitted to binding arbitration in accordance with the commercial rules
of the American Arbitration Association then in effect.
11.4 The arbitration panel will consist of one (1) neutral arbitrator if
the amount in controversy is less than twenty-thousand United States
Dollars ($20,000.00), otherwise the panel will consist of three (3)
neutral arbitrators, each an active, licensed attorney with at least
five (5) years of experience in the primary area of the law as to which
the dispute relates.
11.5 The arbitration
will be in the English language in Lynden, Washington.
11.6 The arbitration panel will determine issues of arbitrability but
may not limit, expand, or otherwise modify the terms and provisions
contained herein.
11.7 Any award
made pursuant to this section:
(A)
will be a bare award limited to a holding for or against a Party and
affording such remedy as is deemed equitable, just, and within the scope
of this Agreement;
(B) will be
without findings as to issues, including without limitation, copyright,
trademark, or patent validity or infringement, or a statement of the
reasoning on which the award rests:
(C) may, in circumstances other than patent disputes, include
injunctive relief;
(D) will be made
within four (4) months of arbitration panel appointment; and
(E) may be entered in any court of competent jurisdiction.
11.8 The requirement for arbitration will not be deemed a waiver of any
right of termination under this Agreement and the arbitration panel is
not empowered to act or make any award other than based solely on the
rights and obligations of the Parties prior to any such termination.
11.9 Each Party will bear its own
expenses, but those related to the compensation and expenses of the
arbitration panel will be borne equally.
11.10 The arbitration panel will not have authority to award punitive or
damages in excess of compensatory damages, and each Party irrevocably
waives any claim thereto.
11.11 The
Parties, their representatives, participants, and the arbitration panel
will hold the existence, content, and result of the proceedings in
confidence.
11.12 Notwithstanding the
foregoing, AmateurGirlsUnleashed reserves and will have the sole and
exclusive right to commence and prosecute any legal or equitable action
or proceeding before any court of competent jurisdiction, whether in the
United States or in a foreign country, to collect any fees, recover
damages for, or obtain injunctive or other relief relating to the
Services, its operation, or intellectual property if, in the sole
opinion of AmateurGirlsUnleashed, such action is necessary or desirable.
(A) You hereby consent and agree to
irrevocably submit to the exclusive personal jurisdiction of such
courts, accept service of process by mail, and irrevocably waive any
available jurisdictional, venue, or inconvenient forum objections to
such court.
(B) You hereby agree that
such action will not be deemed a waiver of the obligation to arbitrate.
11.13 In the event you file an action
contrary to the foregoing provisions, AmateurGirlsUnleashed may recover
attorney's fees and costs up to five-thousand Unites States Dollars
($5,000).
12. General Provisions
12.1 No action of
AmateurGirlsUnleashed, other than an express written waiver or
amendment, may be construed as a waiver or amendment of any of this
Agreement.
12.2 Should any clause
of this Agreement be found unenforceable, wherever possible this will
not affect any other clause and each will remain in full force and
effect.
12.3 You agree that this
Agreement and all incorporated agreements may be automatically assigned
by AmateurGirlsUnleashed, in its sole and absolute discretion, to a
third party in the event of a merger or acquisition.
12.4 Headings are for reference purposes only and in no way define,
limit, construe, or describe the scope or extent of such section.
12.5 Any failure to act with respect to a
breach of the terms and provisions of this Agreement does not waive any
right by AmateurGirlsUnleashed to act with respect to subsequent or
similar breaches.
12.6 All provisions of
this Agreement that by their nature should survive termination will
survive termination, including without limitation, provisions related to
intellectual property, warranty disclaimers, general releases,
limitations of liability, indemnity, arbitration, governing law, and the
general provisions.
12.7 You also may be
subject to additional terms and provisions that may apply when you use
affiliate or third party services, sites, content, or software.
12.8 Should AmateurGirlsUnleashed prevail
in any action or proceeding to enforce rights under this Agreement, it
will be entitled to recover its costs and attorneys' fees from you.
12.9 You agree that you are subject to
the terms and provisions contained in this Agreement and any additional
policies applicable to the Services, which may be posted from time to
time. All such posted policies or rules are effectively immediately upon
posting and are hereby incorporated by reference into this Agreement.
12.10 The provisions of this Agreement
will be binding upon and will inure to the benefit of the Parties, their
heirs, administrators, successors, and assigns.
12.11 You may not assign this Agreement or the rights and obligations
hereunder to any third party under any circumstances.
12.12 You will be solely responsible for all costs and expenses incurred
arising out of or relating to this Agreement.
12.13 You acknowledge and agree that if you are located in any United
States or international jurisdiction where any common, statutory,
regulatory, codified, or other law, rule, or regulation makes accessing
the Services or any materials contained therein inappropriate, illegal,
or subject to consents or permissions that you have not obtained, or
voids this Agreement in whole or in part, then you are not authorized to
access the Services or any materials contained therein.
12.14 The Services contain features that may allow User to collect data
from, control, or monitor computers running the Services. User hereby
agrees to hold AmateurGirlsUnleashed harmless from and against any
damages, claims, losses, settlements, attorney's fees, and other
expenses related to any such activities.
12.15 User acknowledges and agrees that the Services are not intended
for use with any high risk or strict liability activity and
AmateurGirlsUnleashed makes no warranty and will have no liability
arising from any use of the Services in any high risk or strict
liability activities.
12.16 User
acknowledges that the laws and regulations of the United States restrict
certain export and re-export of commodities and technical data of United
States origin, including the Services. User agrees that it will not
export or re-export the Services in any form.
12.17 The Section headings in this Agreement are solely for convenience
and will not be considered in its interpretation. Any applicable
AmateurGirlsUnleashed Price List is incorporated herein as if set forth
herein in full. This Agreement has been reviewed and negotiated by the
parties, and each party has had the opportunity to review this Agreement
with counsel of its own choosing. Accordingly, this Agreement will not
be construed strictly for or against either party. Pronouns used in this
Agreement will be construed to include the masculine, feminine or
neuter, as the identity of the antecedent may require.
12.18 Each Party acknowledges that its material breach of this Agreement
including, without limitation, unauthorized disclosure or use of the
other Party's Confidential Information, will cause irreparable harm
and significant injury to the Party which may be difficult to ascertain
and that a remedy at law would be inadequate. Accordingly, each Party
agrees that the other Party will be entitled to immediate injunctive
relief to enforce obligations under this Agreement in addition to any
other rights and remedies it may have at law or in equity.
13. Revision, Amendment, and Notice
13.1 AmateurGirlsUnleashed reserves the
right to amend or revise this Agreement and any terms and provisions
incorporated by reference herein at any time and in any manner. Amended
or revised terms and provisions will be effective immediately. Users
will be notified of any such revision or amendment as provided herein.
This Agreement may not otherwise be amended or revised except in a
writing signed by both parties.
13.2
AmateurGirlsUnleashed reserves the right to revise the Services,
Content, information, materials, and available contractual license terms
featured via the Services without notice.
13.3 Except as explicitly stated otherwise, any notice required
according to this Agreement will be given as follows:
(A) Notice to AmateurGirlsUnleashed: via email to
AmateurGirlsUnleashed@protonmail.com.
(B)
Notice to Users: via AmateurGirlsUnleashed or email to the address
provided during the registration process.
13.4 Notice will be deemed given twenty-four (24) hours after any HTTP
document is posted or after any email is sent, unless the sending Party
is notified that the email address is invalid. Alternatively, notice may
be sent via reputable carrier to the address provided to
AmateurGirlsUnleashed during the registration process. In such case,
notice will be deemed given three (3) days after the date sent.
13.5 The designated agent for service of
notices pursuant to the Digital Millennium Copyright Act is as follows:
14.1 In the event that you have a dispute
with one or more Users or users of third party sites, you release
AmateurGirlsUnleashed, its successors, assigns, affiliates, licensors ,
and suppliers, together with all of their respective officers,
directors, employees, and consultants from claims, demands and damages,
both actual and consequential, of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of, or in any way connected with such disputes.
14.2 AmateurGirlsUnleashed does not control the information provided by
other Users or users of third party sites that is made available through
the Services. You may find other Users' information to be
offensive, harmful, inaccurate, or deceptive. Please use caution, common
sense, and practice safe online behavior when using the Services. Please
note that there are also risks of dealing with underage persons or
people acting under false pretense. Additionally, there may also be
risks dealing with international trade and foreign nationals.
14.3 If you are a California resident, you waive California Civil
Code 1542, which states: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
15. No Relationship or Agency
15.1 No agency, partnership, joint venture, employee-employer, or
franchisor-franchisee relationship is intended or created herein.
16. Force
Majeure
16.1 Neither you nor
AmateurGirlsUnleashed will be liable for, or will be considered to be in
breach of or default under this Agreement on account of any delay or
failure to perform as required by this Agreement as a result of any
causes or conditions that are beyond the affected Party's
reasonable control that it is unable to overcome through the exercise of
commercially reasonable diligence. If any force majeure event occurs,
the affected Party will give written notice to the other Party and will
use commercially reasonable efforts to minimize the impact of the event.
17.
Severability
17.1 If any court or other
tribunal of competent jurisdiction hereof holds any term, clause, or
provision of this Agreement invalid or unenforceable, then such term,
clause, or provision will be eliminated, severed, or limited to minimum
extent necessary such that this Agreement will otherwise remain in full
force and effect.
18. Entire Agreement
18.1 This
Agreement and the terms, clauses, and provisions hereof, as well as
those incorporated by reference, constitutes the entire understanding
and agreement of the Parties, and revokes and supersedes all prior oral
or written agreements between AmateurGirlsUnleashed and the User and is
intended as a final expression of their Agreement.
18.2 You agree that you are not entering into this Agreement in reliance
on any statements, representations, or promises other than those
contained herein.
18.3 This Agreement
will take precedence over any other documents, incorporated herein or
otherwise, which may conflict with this Agreement.
18.4 This Agreement will not be modified or amended except in writing
signed by the Parties, specifically referring to this Agreement.