Photimark Ltd. TeenLoveLive SUBSCRIBER AGREEMENT
Last Revision: October 5, 2008
PLEASE READ THIS TeenLoveLive SUBSCRIBER AGREEMENT (THE "SUBSCRIBER AGREEMENT") CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
ALL MATERIALS, INCLUDING CONTENT, AUDIO, VIDEO OR AUDIOVISUAL MATERIALS, MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED OR OFFERED BY Photimark Ltd ("ESS"), WHETHER AT ITS TeenLoveLive WEBSITE ("THE SITE") OR OTHERWISE, ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE SITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE SITE.
YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE SITE MAY INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
YOU FURTHER REPRESENT AND WARRANT THAT YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES AN UNEQUIVOCAL REQUEST ON YOUR PART TO RECEIVE SEXUALLY EXPLICIT MATERIAL VIA THE SITE AND THAT YOU HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY THAT YOU DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL.
YOU FURTHER REPRESENT, AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
TERMS AND CONDITIONS
1.1 "Agreement" means this Subscriber Agreement.
1.2 "Content" means information, communications, software, photos, video, graphics, music, audio and text and other materials and services, collectively available via the Site or through access of the Services.
1.3 "Effective Date" means the date you click "I Accept" during your initial purchase of the Services.
1.4 "ICP" refers to an independent content provider unrelated to ESS, whose content ESS makes available to Members.
1.5 "Member" refers to an authorized user of the Service who has agreed to the Agreement.
1.6 "Site" means that certain Internet world wide web site, the home page of which is accessible on the Internet at the uniform resource locator .
1.7 "Service" refers to ESS's services accessible via the Site or through other web sites.
1.8 "Software" refers to the software ESS makes available to Users which allows Users to access the Services, the Site, and/or interact with third parties.
1.9 "Users" mean those individuals who subscribe to the Services or access the Site.
1.10 "User Content" means information, communications, software, photos, video, graphics, music, audio and text and other materials made available by a User either to ESS or to other Users.
2. TERMS OF SERVICE AGREEMENT AND RULES OF THE ROAD
2.1 Scope. ESS provides its Services to you as a registered subscriber or authorized user ("Member" or "you"), subject to the terms of this Agreement and ESS's operating rules or the "Rules of Member Conduct" (the "Rules"). These documents are binding agreements, which shall be collectively referred to herein as the "Agreement". The Agreement comprises the entire agreement between ESS and you, superseding any prior agreements between you and ESS with respect to this subject matter. Additionally, you may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, software, or services.
2.2 Changes to Agreement. ESS may change the Agreement at any time by posting a revised version in place of this document. The last revision will be indicated at the top of this document. You agree to review the Agreement periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your membership as provided in Section 9 below. Your continued use of the Site or Services following the date of revision of the Agreement constitutes acceptance of all such changes.
2.3 E-mail notifications. Pursuant to CAN-SPAM Act of 2003, and any other state, federal or local laws regulating the transmission of unsolicited electronic mail or messages, your registration with ESS signifies your affirmative express consent, at your own initiative, to receive email or paper mail notifications by ESS or from third parties affiliated with ESS informing you of any special products and services offered by ESS or any third parties, or of any other information which ESS determines in its discretion may be of use to You. You may always "opt-out" of such notifications by clicking on at any time.
3. YOUR ACCOUNT INFORMATION
3.1 Age Certification. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. You agree to provide ESS with accurate, complete, and current registration information. Failure to do this shall constitute a breach of the Agreement and unauthorized access of the Services. Unauthorized access to the Services could result in immediate termination of your account and subject you to civil and criminal liability. You may not register for additional accounts after such termination.
3.2 Password/Handle. Upon registering as a Member, you will choose a password and a screen name/chat handle, subject to availability. You may not select or use any name, trademark or service mark in violation of a third party's property rights, or a screen name that ESS deems offensive or otherwise inappropriate. ESS owns all screen names and licenses them to you. You expressly authorize ESS to use and disclose your password, screen name/chat handle and/or account information with and to third parties, to ensure the protection of ESS's rights or property. Additionally, you may not use your screen name in violation of the Agreement or in ways ESS deems inappropriate (e.g., sending or causing to be sent unsolicited e-mail solicitations). ESS reserves the right to delete any such screen name or to request deletion.
3.3 You Remain Liable for Account Activities. You are entirely liable for all activities conducted through your account. A Member may not permit another individual to use the Member's account without direct supervision by the Member. A Member may not, under any circumstances, allow any other individual who is not 18 years of age to use the Member's account.
3.4 Access Following Termination. Members who have had their ESS membership terminated may not access ESS subsequent to termination. Members may not allow a former Member or other agent whose membership has been terminated to use their account. For additional information on re-registration and multiple accounts, see Section 9 below.
3.5 Cancellation. Members may cancel their account at any time by contacting ESS by any of the following methods: (1) email to email@example.com, or (2) via postal mail: Electronic Photimark Ltd - Charalampou Pettemeridi 4, 2042, Nicosa, PC, Cyprus. To ensure prompt and effective cancellation, please provide your ESS screenname and the first 13 digits of the credit-card number used to establish your account. Any cancellation is effective upon receipt and processing by ESS.
4. CHARGES AND BILLING PRACTICES
4.1 Fees. In order to utilize the Services you must pay the fees set forth on the Site (and accessible ). Additionally, you may be subject to (1) internet access charges as required by your local or national internet service provider and (2) additional charges with respect to services such as special video chats and other vents. Any fees will be disclosed to you prior to your access of those services, and by accessing any of those services you agree to pay the requisite fees. For a description of fees . For billing inquiries, or to request a detailed statement of your usage, e-mail firstname.lastname@example.org.
4.2 Liability for Payment. If for any reason ESS does not receive payment from the credit card issuer or its agents for your use of the Services, you agree to pay all amounts due upon demand by ESS. Each time you use or access the Services you agree and reaffirm that ESS is authorized to charge your designated card. Your card issuer agreement governs your use of your designated card in connection with ESS, and you must refer to that agreement and not this Agreement with respect to your rights and liabilities as a card holder. You agree that ESS may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle. This means that accumulated charges may appear on the statement you receive from your bank or card issuer. Further, you agree that ESS may delay obtaining authorization from your card issuer until submission of the accumulated charges. You acknowledge that if you want to see the components of accumulated charges you may do so by emailing email@example.com.
4.3 Late Payment Fees. If ESS does not receive the full amount of your account balance within thirty (30) days of the invoice date, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge may be added to your bill and immediately become due and payable. You shall be liable for all attorney and collection fees arising from ESS's efforts to collect any unpaid balance of your account(s). You agree to be billed for and to pay any outstanding balance in the event of cancellation or termination of your ESS account. Unless you notify ESS of any discrepancies within thirty (30) days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release ESS from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to ESS within thirty (30) days of its publication.
4.4 CHANGES IN BILLING METHODS AND PRACTICES. ESS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR ONLINE AREAS, CONTENT, OR SERVICES PROVIDED BY ESS, ITS AFFILIATES, OR ICPS. ESS MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH POP-UPS, E-MAIL, OR THROUGH THE U.S. MAIL TO THE ACCOUNT HOLDER. If any such change is unacceptable to you, you may terminate your membership as provided in Section 9 below. Your continued use of ESS following notification (regardless of actual notice to you) shall constitute your acceptance of such change.
4.5 Responsibility for Charges. You are responsible for all charges associated with connecting to ESS. You agree that any charges incurred to access the Internet, including but not necessarily limited to telephone charges and access fees billed by your Internet Service Provider, are entirely your responsibility. Depending on your particular location and chosen Internet Service Provider, you may be subject to long distance charges and/or other communication surcharges, which are your responsibility. You acknowledge that if you want to see the detailed components of accumulated charges, you may do so by sending email to.
5. RIGHTS AND RESPONSIBILITIES
5.1 Ownership of Content. You acknowledge that: (i) the Site and Services contain information, communications, software, photos, videos, graphics, music, sounds, and other material and services (collectively "Content"); and (ii) ESS owns a copyright in the Content. Each Member must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. ESS does not pre-screen Content as a matter of policy: however ESS and its affiliates have the right, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of the Agreement. Accordingly, you acknowledge that neither ESS, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by ESS or its affiliates, or any ICP, with respect to Content, or Content changes within, ESS.
5.2 Access to Content; Uploading Files and Content. You acknowledge the following: (i) ESS permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights; (ii) These rights are valid and protected in all media and technologies existing now or later developed; and (iii) Except as explicitly provided otherwise, the Agreement, applicable copyright and other laws govern your use of Content (see the Rules for details). You agree that you may upload to the Service (via message boards, chat rooms or to other users) only User Content that (1) is not subject to any third party rights, or (2) any holder of third party rights has given express authorization for distribution on ESS. You represent that if you upload any files, you have the legal authorization to do so. You agree that ESS may employ virus-checking technology to protect its system and its members from viruses. By submitting User Content to any "public area" of ESS (e.g., message boards, forums, the Member Directory), you grant ESS and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display User Content supplied by you (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any third party rights, including moral rights in such User Content, has completely and effectively waived all such third party rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any Member and authorized user to access, display, view, store and reproduce the User Content for personal use.
5.3 Mature Content. You acknowledge that ESS may contain material that may be inappropriate for minors. You recognize that communication over ESS often occurs in real time or is posted on one of ESS's message boards or chatrooms. You acknowledge that ESS cannot, and does not intend to, screen communication in advance for accuracy or conformance to the Agreement or any laws. However, ESS may elect, at its sole discretion, to monitor some, all, or none of the Site's public areas for adherence to the Agreement. Accordingly, you acknowledge that neither ESS, its affiliates, nor any ICP shall assume or have any liability for any action or inaction by ESS, its affiliates, or any ICP with respect to Content on ESS. Any conduct by a Member that in ESS's sole discretion restricts or inhibits any other Member, person or entity from using or enjoying ESS or another service shall entitle ESS to immediately terminate membership without notice. You agree to use ESS only for lawful purposes and strictly in conformity with the Rules of the Road (set forth in Exhibit B, and incorporated herein).
ESS reserves the right to protect its Members and ESS from offensive e-mail communication, including, but not limited to, the right to block mass e-mail solicitations, or "junk e-mail." You also agree and accept that as new products or services become available on or through ESS, your use of these products or services is subject to Agreement. In addition to Content and services provided by ICPs, ESS, and its affiliates, others may offer Content, software or other services to Members with their own terms and conditions relating to your use. Failure to abide by these terms and conditions may result in termination of membership. Furthermore, other such networks, including Internet areas, may subject Members to their own usage policies.
6. ESS SOFTWARE LICENSES
ESS grants to you a non-exclusive, limited license to use the Software to transmit your personal video signal to ESS from authorized locations in accordance with this agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from, ESS software. You may not modify ESS software or use it in any way not expressly authorized in these Rules. You agree and accept that ESS's introduction of various technologies may not be consistent across all platforms.
7. WARRANTYMEMBER EXPRESSLY AGREES THAT THE USE OF ESS, THE SERVICE, AND ESS SOFTWARE ARE AT MEMBER'S SOLE RISK. ESS, ESS SOFTWARE, AND ESS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ESS PROVIDES THE ESS SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR CHOOSING, OR THAT IT WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR FOR PARTICULAR PRODUCTS. ESS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF ESS, THE SERVICE, SOFTWARE, AND ANY DAMAGE RESULTING THEREFROM, INCLUDING BUT NOT LIMITED TO, DAMAGES UNDER TORT, CONTRACT, ANY STATUTORY LAW OR RIGHT OR ANY OTHER THEORY SHALL BE LIMITED TO THE MAXIMUM AMOUNT OF FEES PAID BY YOU TO ESS IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RIGHT TO THE CAUSE OF ACTION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ESS'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ESS DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH ESS, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ESS'S MAXIMUM LIABILITY TO WHETHER UNDER CONTRACT, TORT OR STATUTE, SHALL BE LIMITED TO THE MAXIMUM AMOUNT OF FEES PAID BY YOU TO ESS IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RIGHT TO THE CAUSE OF ACTION.
8. INDEMNIFICATIONMember agrees to defend, indemnify and hold harmless ESS, its affiliated companies, its employees, contractors, officers, directors, telecommunications providers, ICPs from all liabilities, claims and expenses, including attorneys fees, that arise (1) from breach of the Agreement, (2) from the Member's use of the Site or Services, or (3) in connection with, the transmission of any Content on or to ESS or the Internet by the Member. ESS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member hereunder. In such event, Member shall continue to be obligated to provide indemnification for such matter.
9.1 Termination. Either you or ESS may terminate your membership at any time. This is your sole right and remedy with respect to any dissatisfaction with ESS, including, but not limited to, (1) any breach by ESS of any Agreement term, (2) with respect to any policy or practice of ESS with respect to the Site or the Services, (3) Content available through ESS or change therein, or (4) any amount or type of fees, surcharges, billing methods, or change therein, including but not limited to any claims that ESS overcharged you. You can terminate your membership by delivering notice to ESS in one of the following two ways: email to firstname.lastname@example.org, or via postal mail: Photimark Ltd - Charalampou Pettemeridi 4, 2042, Nicosa, PC, Cyprus. To ensure effective cancellation, please provide your ESS screenname and the first 13 digits of the credit-card number used to establish your account. Your termination will take effect upon ESS's receipt and processing of your notice as described above.
9.2 No Refunds or Credits Upon Termination. In the event that your account is terminated or canceled for any reason whatsoever, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Active ESS Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid invoices must be paid before you may re-register with ESS. Members using multiple accounts without prior express written permission from ESS shall have their membership terminated.
10.1 Applicable Law. To the extent any conflict between this agreement and the Rules exists, this agreement shall take precedence. If any part of the Agreement is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. The laws of the State of Nevada govern the Agreement and your membership. As noted above, Member conduct may be subject to other local, state, and national laws. Member expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the United Kingdom. Member further agrees and expressly consents to the exercise of personal jurisdiction in the United Kingdoma in connection with any dispute or claim involving ESS. Member waives any defenses based on lack of personal jurisdiction, improper venue, or forum non conveniens.
10.2 Export Control. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to ESS any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain Content on ESS.
BY CLICKING ON THE "SUBMIT" BUTTON, YOU SIGNIFY YOUR ASSENT TO THE TERMS AND CONDITIONS HEREIN, WHICH SET FORTH THE GOVERNING TERMS AND CONDITIONS OF YOUR USE OF THE SERVICE.