Created: May 28, 2015
Last Updated: May 28, 2015
Minors prohibited. This Website contains pornographic content and is not intended for minors. Only adults at least 18-years old that have reached the age of majority in their jurisdiction may access this Website. We forbid all persons who do not meet these age requirements from accessing this Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products provided for informational purposes only and not endorsed by us: CYBERsitter™ | Net Nanny ® | CyberPatrol | ASACP.
1.1 This Website provides users with access to pornographic content, including graphic depictions of nudity and sexual conduct, as well as the ability to submit your own amateur pornographic content. You may view all of the content on this Website without registering or purchasing a membership. The Website may offer access to certain premium content for a fee, which will require you to sign up and pay for a premium membership subject to additional terms.
1.3 We may change these terms on one or more occasions by updating this webpage. The top of the terms will tell you when we last updated them. Changes will take effect on the "last updated" date stated on the top of this webpage. Changes will not operate retroactively. We will try to notify you when we change these terms if we can do so in a commercially reasonable manner. But you should periodically check this webpage to make sure that you are operating under the most current version of the terms. We will consider your continued use of the Website after we post the changes as your acceptance of the changes even if you do not read them. If you do not accept the changes, you may not continue to access the Website.
1.4 Occasionally, we may offer you specialty content subject to additional terms and a separate fee. You have no obligation to purchase access to this specialty content. If you choose to purchase access to it, you will have an opportunity to review and accept any additional terms specific to the specialty content before you complete your purchase.
1.5 If you have any questions about these terms, or any comments, complaints, or support related issues, please email us at [email protected] and we will try to get back to you by the end of the next business day.
2. Adult Entertainment; Eligibility; and Certifications
2.1 The Website offers access to pornographic content located on third-party websites. This pornographic content may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. We have designed this Website to provide you with a directory of content, making it freely available to search like any other major search engine.
2.2 This Website contains pornographic content suitable only for adults who have reached the age of majority in their respective communities. We do not intend anyone under 18-years old or the age of majority in their community to access this Website. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community may access this Website. If you are under the age of majority in your jurisdiction, you may not access this Website.
2.3 Section 230(d) Notice: Under 47 U.S.C. § 230(d), we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. Information about providers of these protections may be found on the Internet by searching "parental control protection" or similar terms.
2.4 By accessing the Website, you certify to us that:
2.4(A) You have reached the age of majority where you live and that you have the legal capacity to agree to these terms;
2.4(B) You are aware of the pornographic nature of the content available on the Website and that you are not offended by content of this nature;
2.4(C) You are familiar with your jurisdiction's laws affecting your right to access pornographic materials;
2.4(D) You have the legal right to access pornographic materials and we have the legal right to transmit them to you;
2.4(E) You are voluntarily requesting pornographic materials for your own private enjoyment;
2.4(F) You will not share these materials with a minor or otherwise make them available to a minor; and
2.4(G) By logging on, you will have released and discharged the providers, owners, and creators of this Website from all liability that might arise.
3. Child Pornography Prohibited
All persons who appear in any visual depiction of actual or simulated sexually explicit conduct found on the Website were 18-years old or older at the time of the creation of the depictions. The Website contains no child pornography. We have a zero tolerance policy for pornographic content involving minors and a zero tolerance policy regarding pedophiles or any pedophilic activity. We only allow visual media of consenting adults for consenting adults on this Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us at [email protected] Please include with your report all appropriate evidence, including the date and time of identification. We will immediately investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to asacp.org.
4. Ownership of Content; Limited License
4.1 We own or have the license to use all text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, software, scripts, and computer code, including the design, structure, selection, coordination, expression, "look and feel," and the arrangement of this content, contained on this Website. Copyright, patent, trademark, and various other intellectual property and unfair competition laws protect the Website and its content.
4.2 We hereby grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms. By "access," we mean visit the Website, use its services, and view or download its content. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on this Website.
4.3 You may only access the Website for your personal, noncommercial use unless you obtain our advance written consent. You will not use any content that you access on the Website for further distribution, performance, display, sale, or rental except for distribution through the embeddable player (if available). Nor will you make any content available on any peer-to-peer network, file sharing service, or other system for sending information to others. You will not access the content through any technology or means other than the video playback webpages on the Website itself, the embeddable player (if available), or other explicitly authorized means we may designate. You will comply with all applicable laws when accessing the Website. We may change, limit, or revoke the license granted in section 4.2 if you fail to comply with these terms.
4.4 Your license to access the Website does not transfer to you ownership of or title to a copy of any content that you download or print, and we only authorize you to use your copy according to these terms. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content.
5.1 The trademarks, service marks, logos, slogans, and domain names ("marks") referenced on the Website are either common-law service marks or trademarks, or registered service marks or trademarks that belong to Yorkville Marketing Corp., and trademark laws in the Republic of Panama and other countries, as well as international laws and treaties, protect them. Other names of actual companies and products mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by Yorkville Marketing or with Yorkville Marketing. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other "hidden text" using marks that belong to Yorkville Marketing and its licensors, without advanced written permission from Yorkville Marketing or the third party who may own the mark.
5.2 You will not reproduce, imitate, or use the Website's marks in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Website. If you do any of this, your actions may amount to infringement of Yorkville Marketing's rights or the rights of third parties.
5.3 We neither endorse nor recommend the owner of any marks we display on the Website. In addition, our use of marks or links to websites owned by third parties does not imply, directly or indirectly, that those owners endorse or have any affiliation with this Website.
We encourage you to provide feedback about the Website. However, we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
7. Third-Party Links
7.1 As a convenience to you, we may provide on this Website links to websites owned or operated by other entities that are independent from us. These linked websites may contain content that some people may find inappropriate or offensive. If you access any of these linked websites, you will leave this Website. If you decide to visit any linked website, you do so at your own risk and subject to any terms and privacy policies posted on the linked websites. We encourage you to review the terms and privacy policies posted on all linked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not support, control, or govern linked websites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links). We do not investigate, verify, monitor, or endorse the content, accuracy, opinions expressed, and other links provided by linked websites. We do not endorse, make any representations about, or warrant any information, goods, or services appearing or offered on any linked website, other than linked information authored by us. Links do not imply that we or this Website sponsors, endorses, is affiliated or associated with, or may use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website may use any mark or copyright symbol that belongs to us.
7.2 Except for links to information authored by us, we are neither responsible nor liable for (1) any linked website; (2) any information or content found on any linked website; or (3) any websites linked to or from any linked website. We disclaim any liability (direct or indirect) to you for any loss caused by your use or reliance on the content, goods, or services available on or through any linked website, including embedded or third-party feeds from cam websites. If you decide to visit any linked websites or transact any business on a linked website, you do so at your own risk. We may stop linking to any linked website at any time without notice. Please contact the webmasters of any linked websites about any information, goods, or services appearing on them.
8. Nature of Website
8.1 The Website is a search engine (like Google or Bing); we index and provide users the most convenient way to search pornography videos posted on the Internet without having to visit multiple tube sites. We do not upload or post any content to the Website; nor do we host any videos on our servers. Third-party tube sites provide all content found on the Website. We either embed content from third-party tube sites or redirect you to the third-party tube sites themselves. Thus, the Website merely contains information about the location of files on the Internet, at locations we may not own, operate, or control.
8.2 We provide this Website as a service to our users. You understand that, when using the Website, you may be exposed to content from a variety of sources including content made available on the Website through automated means (like embedded media from third-party websites). We have no responsibility for and we disclaim all liability for any third-party content embedded or linked to this Website. Further, we have no ownership or control over this third-party content. Third parties retain all rights and control to their content and they are responsible for protecting their rights as appropriate and removing any offending content. We assume no responsibility to monitor the Website for inappropriate content or conduct. If we choose to monitor the Website, we assume no responsibility for the content and no duty to change or remove any inappropriate content.
9. User Conduct
9.1 You state that all information you provided to us is accurate and current. You will promptly update this information when necessary to ensure that it remains true. You acknowledge that you have the capacity to consent to these terms and to perform the acts required of you under these terms.
9.2 You are solely responsible for all acts and omissions that occur because of your use of the Website. As a condition to your access to the Website:
9.2(A) You will comply with all applicable laws and regulations of any applicable governmental body;
9.2(B) You will maintain the security of any username and password and be fully responsible for all use of your account;
9.2(C) You will not use the Website for any unlawful purpose or in any way that is prohibited by these terms;
9.2(D) You will not use the Website in any way that exposes us to criminal or civil liability;
9.2(E) You will not use the Website for making, obtaining, or otherwise accessing illegal copies of copyrighted content;
9.2(F) You will not use the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, or illegal material to any other user of this Website;
9.2(G) You will not use the Website to harass or otherwise invade the privacy of another person (including the dissemination of personal information);
9.2(H) You will not use the Website to promote the physical harm or injury of any individual or group, or promote any act of cruelty to animals;
9.2(I) You will not impersonate another person during your use of the Website;
9.2(J) You will not use any automated means-including robots, crawlers, or data mining tools-to download, monitor, or use data or content from the Website;
9.2(K) You will not modify, build on, or block any portion or functionality of any embeddable player, including links back to this Website;
9.2(L) You will not use the Website to collect email addresses for sending unsolicited messages of any kind;
9.2(M) You will not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
9.2(N) You will not "stalk" or otherwise harass anyone on the Website;
9.2(O) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information you transmit;
9.2(P) You will not disable, circumvent, or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of any content, or features that enforce limitations on the use of the Website or the content on it, including any digital rights management functionality;
9.2(Q) You will not remove any proprietary notices or labels, including copyright notices, on the content;
9.2(R) You will not post, link to, or otherwise make available on the Website any content that contains software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment;
9.2(S) You will not send, create, or reply to so-called "mail bombs"-that is, emailing copies of a single message to many users, or sending large or multiple files or messages to a single users with malicious intent-or engage in "spamming"-that is, unsolicited emailing for business or other purposes-or undertake any other activity that may adversely affect the operation or enjoyment of this Website by another person;
9.2(T) You will not reproduce, sell, resell, or otherwise commercially exploit or make available the Website or its content to a third party;
9.2(U) You will not "frame" or "mirror" the Website; and
9.2(V) You will not reverse engineer any part of the Website.
9.3 We may take appropriate action against you for any unauthorized use of the Website or the content, including civil, criminal, injunctive relief, and termination of your access. Unauthorized use of the Website or the content may also violate applicable laws including copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
10. Community Features
10.1 This Website may include community features, including the ability to comment on videos. You will not post any comments that are infringing, defamatory, libelous, obscene, lewd, excessively violent, harassing, invasive of privacy, unlawful, or otherwise just plain nasty. Please use your best judgment and respect other individuals when using the community features of this Website. Remember, because of the anonymous nature of the Internet, participants may not be who they say they are, know what they say they know, or be affiliated with whom they say they are affiliated. You will not use vulgar, abusive, or hateful language. If you do, we may block you from accessing this Website and hold you responsible under these terms. Your use of the community features of this Website is at your own risk and is subject to the disclaimers and limitations stated in these terms.
10.2 You may not upload, post, or otherwise send any content or information that:
10.2(A) Violates or infringes on the rights of any person, including copyright, trademark, privacy, publicity, moral, contract, or any other personal or proprietary rights;
10.2(B) Plagiarizes any content owned by any person;
10.2(C) Contains violent, obscene, defamatory, libelous, harassing, threatening, or otherwise illegal content;
10.2(D) Contains bigoted, hateful, or otherwise racially offensive material;
10.2(E) Otherwise harms or may be reasonably expected to harm any person;
10.2(F) Contains commercial or business-related advertisements or offers to sell any products, services, or otherwise (whether for profit or not), or to solicit others (including solicitations for contributions or donations);
10.2(G) Contains a virus or other harmful component that tampers with, impairs, or damages the Website, service, or any connected network, or otherwise interferes with any person's use or enjoyment of the Website or service;
10.2(H) Contains materials irrelevant to the chosen topic or theme of the posting;
10.2(I) Discusses illegal activity or posts links to other websites that deal with those activities; or
10.2(J) Consists of antisocial, disruptive, or destructive behavior, including "bombing," "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
10.3 We do not endorse the opinions expressed in any posting on this Website. We do not and cannot review every posting by users made available on this Website. Nor are we responsible for the content of any posting. We may monitor and delete any information or postings we consider inconsistent with these terms. If you are aware of any information posted that violates these terms, please contact us at [email protected] Please provide as much detail as possible, including a copy of the objectionable information or the location where we may find it, the reason we should remove it, and a statement certifying the accuracy of the information you provided to us.
11.2 By accessing this Website, you acknowledge that Internet transmissions are never completely private or secure. You understand that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
11.3 We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.
12. Changes and Interruption to Website; Suspension and Termination of Access.
12.1 While we will use commercially reasonable efforts to make sure that this Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.
12.2 We may change or discontinue this Website. We will not have any liability to you or any other person if we change or discontinue this Website.
12.3 We may suspend access to this Website temporarily for system failure, maintenance or repair, or reasons beyond our control.
12.4 We may suspend, terminate, or block your access to this Website if we reasonably believe that you have violated these terms.
We do not currently offer registration for this Website. If we offer or require registration in the future, each registration will be for a single user only. Further, if we offer or require registration in the future, you may not share your password with any other person or with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
14. No Fees; Right to Charge Fees in Future
We do not charge any fees for access to the Website and the Website is free to all users. However, we may charge for the Website in the future and we may change our fees on one or more occasions. Further, if we terminate your right to use the Website because of a breach of these terms, you will have no right to a refund of any unused portion of subscription fees.
15. Warranty Disclaimers
15.1 We provide you access to this Website and its content "as is," "with all faults," and "as available." You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no warranty that the Website or any content will meet your needs or requirements.We disclaim all warranties-express, statutory, or implied-including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, suitability, security, privacy, title, exclusivity, quiet enjoyment, noninfringement, and warranties that your access to the Website will be uninterrupted, virus-free, error-free, or that content loss will not occur. There are no warranties that extend beyond the face of these terms or that arise because of course of performance, course of dealing, or usage of trade.
15.2 We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by another person through the Website or any linked website, or featured in any banner or other advertising. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
15.3 The Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the truth or reliability of any statement or other information displayed or distributed through the Website. We may correct any errors or omissions in any portion of the Website. If you believe you have found errors or omissions on the Website, you may bring them to our attention by contacting our customer service department at [email protected]
16. Assumption of Risk; Release and Disclaimer of Liability
16.1 You acknowledge that your use of this Website is at your sole risk and you alone will be responsible for any loss or damage that you may suffer from any content located on the Website. You assume all risk and responsibility for any loss or damages to your computer system, data, and business from your use of the Website. You further acknowledge that we will not be liable to you for submissions or the defamatory, libelous, offensive, or illegal conduct of any person. You understand that the risk of harm or damage from this rests entirely with you.
16.2 You release us from all claims, demands, and damages arising out of your use of the Website, including disputes between you and one or more other users or other persons, and liability arising out of user submissions or the conduct of any person.
16.3 We disclaim all liability to you for any of the following:
16.3(A) Errors, mistakes, or inaccuracies of content;
16.3(B) Personal injury or property damage of any nature resulting from your access to and use of the Website;
16.3(C) Information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, libelous, invasive of privacy, or illegal;
16.3(D) Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access to or alterations of your account, transmissions, or data;
16.3(E) Bugs, viruses, Trojan horses, or other disabling code that may be transmitted to or through the Website by any person or that may infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
16.3(F) Interruption or cessation of transmission to or from the Website;
16.3(G) Delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website;
16.3(H) Incompatibility between the Website and your other services, hardware, or software; or
16.3(I) Loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
17. Limitation and Exclusion of Damages
17.1 Unless caused by our gross negligence or willful and wanton misconduct, we limit our total damages to you for any claims arising out of your access to the Website to your incidental and direct damages, if any. But our total damages to you will not exceed the greater of $100 USD or the total amount you paid us (if any) during the 12-month period before you made your claim. Recovery of these damages will be your sole and exclusive remedy.
17.2 Unless caused by the other party's gross negligence or willful and wanton misconduct, neither party will be liable to the other party for any special, indirect, incidental, consequential, exemplary, or punitive damages for any claims arising out of these terms or access to the Website. This exclusion applies even if the other party knew or should have known about the possibility of these damages.
17.3 The mutual exclusion of special, indirect, incidental, consequential, exemplary, or punitive damages in section 17.2 is independent of your exclusive remedy in section 17.1 and survives even if your exclusive remedy fails of its essential purpose or a court or tribunal of competent jurisdiction otherwise holds your exclusive remedy unenforceable.
17.4 The limitations and exclusions in this section apply regardless of the theory of liability asserted (whether strict liability, breach of warranty (express or implied), breach of contract, tort (including infringement), or any other legal theory).
18. Scope of Disclaimers
The disclaimers, exclusions, and limitations contained in sections 15, 16, and 17 apply to the greatest extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you.
19. Loss Payment (also known as Indemnification)
19.1 In General. You must pay us for any loss of ours that is caused by (1) your access of the Website, including your conduct on the Website; (2) your violation of these terms; (3) your violation of rights of another person, including intellectual property and privacy rights; or (4) your negligent or intentional misconduct. But you need not pay to the extent that the loss was caused by our intentional misconduct.
19.2(A) Loss means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
19.2(B) A loss is caused by an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.
19.3 Our Duty to Notify. If we have your contact information, we will notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be compelled to pay. Our failure to give you timely notice does not end your duty, except if that failure prejudices your ability to mitigate losses (but this exception does not apply if we do not have your contact information).
19.4 Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we must cooperate with each other in good faith on a claim.
19.5 No Exclusivity. Our rights under this section do not affect other rights we might have.
20. Compliance with Laws
We make no representation to you that the content and materials are appropriate or available for use outside the Republic of Panama. You assume all knowledge of applicable law and are responsible for compliance with these laws. You will not access the Website if prohibited in your jurisdiction or use the Website in any way that violates applicable governing laws, regulations, or other government requirements. You will not submit any content that encourages conduct that could amount to a criminal offense, give rise to civil liability, or otherwise violates any applicable governing law or regulation.
21. Governing Law
The laws of the Republic of Panama govern these terms without regard for any choice-of-law rules that might direct the application of the laws of any other jurisdiction. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a "sale of goods."
22. Place for Resolving Disputes
22.1 The exclusive jurisdiction for all disputes arising out of these terms that are not subject to mandatory arbitration will be in the courts located in the Republic of Panama, and the parties will not bring an action in any other jurisdiction. The parties waive all objections to jurisdiction (including the defense of inconvenient forum) and will not dispute the personal jurisdiction of the courts located in the Republic of Panama.
22.2 The parties acknowledge that the Website will be deemed solely based in the Republic of Panama, and that the Website will be deemed a passive website that does not give rise to personal jurisdiction over the Website, either specific or general, in any other jurisdiction.
23. Dispute Resolution
23.1 In General. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met the duties under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of the use of the Website.
23.2 Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process. We may also elect to litigate collection matters.
23.3 Mediation. The parties may elect to engage in nonbinding mediation as a first alternative to arbitration or litigation. An election must be mutual and reflected in in a writing signed by both parties. Each party will bear its own costs in mediation and the parties will share equally between them all third-party mediation costs unless the parties agree otherwise in a writing signed by the party agreeing to bear the costs.
23.4 Arbitration. Any controversy or dispute that arises out of or is related to these terms, and interpretation, application, performance, and termination of them, must be decided by arbitration, following an attempt at conciliation, administered by Panama Conciliation and Arbitration Centre in accordance with its procedural rules. A single arbitrator will preside over the arbitration and issue a final award on all issues submitted to arbitration. Arbitration will take place in the Republic of Panama, and the proceedings will be conducted in the English language. The arbitrator's award will be final and binding on the parties. Either party may file an action in a court of competent jurisdiction to: (1) enforce this provision; (2) obtain injunctive relief; or (3) enforce the arbitrator's award.
23.5 Waiver of Jury Trial. Both parties hereby waive the right to a trial by jury for any dispute arising out of these terms or the use of the Website. This waiver will be enforceable up to and including the first day of trial, and even if the parties waive the arbitration provisions of this section.
24. Class Action Waiver
The parties will conduct any proceedings to resolve or litigate any dispute in any forum only on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
25. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates these terms, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
26. Limited Time to Bring Claims
A party to these terms must bring any claim that party may have against the other party that arises out of these terms or the Website within one year after the claim arises. If a party fails to bring any claim that party may have against the other party within this one-year period, the claim is permanently barred.
27. General Provisions
27.2 Copy of these Terms. You may-and we recommend that you-print these terms on your printer or save them to your computer. If you are having trouble printing a copy, please contact us at [email protected] and we will email you a copy.
27.3 Changes. We may change these terms if we believe necessary to operate the Website. Changes will not apply to continuing disputes or to disputes arising out of events happening before the posted changes. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the last updated date noted at the top of the revised terms. It is your responsibility periodically to check the Website to review the most current terms. While we will try to notify you of any changes to these terms, we do not assume a duty to do so. By continuing to use the Website after we post changes to these terms, the revised terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to cancel your membership if you are a premium member or to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at [email protected]
27.4 Assignment and Delegation. We may assign any rights and delegate any performance under these terms to an affiliate or another person. You may not assign your rights or delegate your performance under these terms without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
27.5 Waiver. If we do not enforce any right or provision in these terms, that failure does not waive our right to do so in the future.
27.6 Severability. If any provision of these terms is for any reason held unenforceable, that provision will be changed to the extent necessary to make it enforceable without losing its intent. If no change is possible, that provision will be severed from the rest of these terms.
27.7 Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
27.8 Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate performance under these terms.
27.9 Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
27.9(A) Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
27.9(B) War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
27.9(C) Fiber cuts;
27.9(D) Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
27.9(E) Failure of the telecommunications or information services infrastructure; and
27.9(F) Hacking, SPAM, or any failure of a computer, server, network, or software.
27.10 Costs and Legal Fees. In any dispute between the parties, a court or tribunal of competent jurisdiction will award the prevailing party all reasonable costs and legal fees incurred in enforcing or defending these terms.
27.11(A) Sending Notice to Us. You may send notice to us by email or by writing to us at the address shown on the Website. We will consider an electronic notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
27.11(B) Sending Notice to You -Electronic Notice. You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you; or (2) by posting the notice on a location on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email message you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
27.13 Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless if they are intended recipients.
27.14 Electronic Signatures. Any affirmation, assent, or agreement you send through this Website will bind you. You acknowledge that when you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
27.15 Consumer Rights Information-California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following: Yorkville Marketing Corp. 50 Charles St East Toronto, Ontario, Canada M4Y2N9 At this time, we do not offer registration for the Website. If in the future we offer registration, users who want to gain access to the password-restricted section of the Website must register. We do not charge consumers for registering for the Website. We may charge for registering in the future. You may contact us at [email protected] to resolve any billing disputes or to receive further information about the Website.
27.16 Complaints-California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
In these terms, the following usages apply:
28.1 Actions permitted under these terms may be taken at any time and on one or more occasions in the actor's sole discretion.
28.2 References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
28.3 References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.
28.4 In computing periods from a specified date to a later specified date, the words "from" and "commencing on" (and the like) mean "from and including," and the words "to," "until," and "ending on" (and the like) mean "to but excluding."
28.5 References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
28.6 "A or B" means "A or B or both." "A, B, or C" means "one or more of A, B, and C." The same construction applies to longer strings.
28.7 "Including" means "including, but not limited to."