These terms and conditions of use (âTerms of Useâ) constitute an agreement among you (âyouâ, âyourâ, âUserâ); the operator (the âOperatorâ) of the website located at https://justfucklocal.com (the âSiteâ); and the owner of the Site (the âSite Ownerâ and together with the Operator, âweâ or âusâ). Please read these Terms of Use carefully to be sure that you understand them. By viewing, accessing, using or browsing the Site, or by registering with the Site or through any website linked to or from the Site as a member of the Service (as defined herein), you agree to these Terms of Use as a binding legal agreement between you and us, without limitation or qualification.
1. Application
The Site is owned by the Site Owner and operated by the Operator to deliver and/or provide links or referrals to other websites that deliver services for adults to communicate online for entertainment purposes (the âServiceâ). These Terms of Use apply to any and all uses of the Site or the Service.
2. Access
We grant you permission to access and use the Site, for free, in accordance with these Terms of Use. No other use is permitted. Access to the Site is permitted within our sole discretion, and we reserve the right to withdraw or amend the Service or the Site with or without notice. Any rights not expressly granted herein are reserved. You are responsible for making any arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and that they comply with them.
3. Information
The Operator may process certain information about you (including phone numbers and/or e-mail addresses) or pass it along to others in accordance with its Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is correct and accurate. You acknowledge that although the Operator strives to maintain the necessary safeguards to your personal data, we cannot ensure the security or privacy of information you provide through the internet and your online messages and postings, and you release us from any and all liability in connection with the use of such information by other parties.
4. Eligibility
The Site and Service are intended for the personal use of individual members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Site or Service for any purpose. By using the Site or the Service, you represent and warrant that (a) you are an individual eighteen (18) or over, (b) you have not been convicted of a sexual offense and do not currently have any criminal charges pending against you with respect to a sexual offense, (c) you are not required to register as a sex offender with any government entity, and (d) you have the right, authority and capacity to enter into and to abide by these Terms of Use.
5. Proprietary Rights
You acknowledge and agree that the Site contains proprietary information and content that is protected by intellectual property rights and other laws, and may not be used except as provided in these Terms of Use. You further acknowledge and agree that all copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore (âIntellectual Property Rightsâ) in the Site belong to and vest in the Operator, or are licensed to the Operator unless otherwise specified. All such rights of the Operator are hereby asserted and reserved.
6. Conduct
You agree not to use the Site or Service for any unlawful or abusive purpose or in any way which interferes with our ability to provide the Site and/or Service or damages our property. You agree that your use of the Site and the Service is subject to all applicable local, state, national and international laws and regulations.
You also agree:
to comply with US law and local laws or rules regarding online conduct and acceptable content, and regarding the transmission of technical data exported through the Site from the US or the country in which you reside;
not to host, submit Content to or use the Site or the Service if you are under the age of 18;
not to commit any acts of infringement on the Site or with respect to Content on the Site;
not to use the Site to engage in commercial activities;
not to interfere with another person's use and enjoyment of the Site;
not to interfere with or damage the Site or the Service through, including without limitation, the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduce or circumvent the navigational structure or presentation of the Site; and
not to disrupt, interfere with, or otherwise harm or violate the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites.
Illegal and/or unauthorized uses of the Site, including collecting usernames, phone numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated, and appropriate legal action will be taken at the Operatorâs sole discretion, including without limitation, civil, criminal, and injunctive redress.
You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. Any attempt of such an attack, or any other effort to hack or harm the Site, will be pursued as both a civil and criminal offense to the maximum extent permitted by applicable law. We will report any such actions to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and the Service will cease immediately.
7. Safety
The Site and any website linked from the Site is an entertainment service. Your use of the Site and Service is entirely at your own risk. You should exercise caution in evaluating what you see when involved in internet communication with people or entities that are unknown to you and be aware that people may not necessarily be who they say they are and that people may provide information or behave in a way that is unreliable, misleading or illegal.
WE DO NOT PERFORM BACKGROUND OR SECURITY CHECKS ON SITE USERS. WE ALSO DO NOT INQUIRE INTO THE BACKGROUNDS OF OUR SITE USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR SITE USERS. ALL SITE USERS ARE RESPONSIBLE FOR THEIR OWN ACTIONS WITH RESPECT TO THE SITE OR SERVICE.
By using the Site or Service you accept that any individual profiles, messages and communication may not be genuine and you agree to take reasonable precautions in all interactions with other members or users of the Site or Service, particularly if you decide to meet offline or in person. You are solely responsible for your interactions with other members or users of the Site or the Service. You should not provide your personal or financial information (for example, your credit card, social security number or bank account information) to other members or users of the Site or Service.
Our Service and/or the third party sites and advertisers we link to may give users the opportunity to explore their fantasies and to interact with others in the Site. However, there is no guarantee you will find a date or partner on our Site or using our Service or any third party site or service. You also understand and agree that there are members on the Site and/or the third party sites that use the site(s) purely for entertainment purposes. Those users and subscribers are not seeking physical meetings with anyone they meet on the Service, but consider their communications with users and members to be for their amusement. You acknowledge and agree that any profiles of users and members, as well as, communications from such persons may not be true, accurate or authentic and may be exaggerated or fantasy. You acknowledge and understand that you may be communicating with such persons and that we are not responsible for such communications. We do not guarantee that all user profiles are created by real people with the intention to meet or chat on our service. Some user profiles may be fictitious or created for purposes beyond our control. However any user that violates our terms of service or we believe was created fictitiously to participate in prohibited activities will be deleted immediately.
8. Site Content
In utilizing the Site and/or the Service, you may be permitted to post, upload, transmit, display, publish, distribute, or otherwise submit material to the Site (collectively, âPostâ), including, but not limited to, images, information, or text (collectively, âContentâ). You are solely responsible for the Content you Post and agree not to Post any Content that:
contains vulgar, profane, abusive, or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
contains sexually explicit language, pictures or other materials (except to the extent that such Content is expressly permitted on the Site);
is defamatory, threatening, harassing, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; hatred or physical harm of any kind against any group or individual, such as Content that promotes racism, bigotry, obscenity, or discrimination;
advertises, promotes or offers to trade any goods or services or engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
is intended primarily to promote a cause or movement, whether political, religious or other;
contains copyrighted content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other content) without the express permission of the owner of the copyrights in the content, or otherwise infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
constitutes, promotes or encourages illegal acts (including without limitation prostitution or solicitation), the violation of any right of any individual or entity, or the violation of any local, state, national or international law, rule, guideline or regulation;
reveals the identity or any personal details of any person other than yourself including, without limitation, any other user of the Site or Service without that person's permission;
contains any identifiable personal contact information (other than required for use of the Site or Service)
expresses or implies that any statements you make are made or endorsed by us;
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits or provides personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personally identifying information for commercial or unlawful purposes from other users; or
is not otherwise in compliance with these Terms of Use.
The foregoing is a partial list of the kind of Content that is illegal or prohibited on the Site. The Operator reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this section or any other provision of these Terms of Use, including without limitation removing the offending Content from the Site, terminating the violatorâs access to the Site and/or Service, and contacting and disclosing information to the relevant authorities.
the Operator reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Content that the Operator believes, in its absolute and sole discretion, may violate these Terms of Use.
We will not be responsible, or liable to any third-party, for the content, accuracy or legality of any Content posted on the Site. The Operator reserves the right to disclose your identity to any third party who claims that any Content posted by you on the Site constitutes a violation of their Intellectual Property Rights, their right to privacy, or any other rights.
By Posting any Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, disclose and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such information and Content, and to grant and authorize sublicenses of the foregoing for all purposes connected to operating and promoting the Site and the Service.
You should also be aware that, pursuant to federal law, any visual depictions that you post on the Site that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. 2256 (2)(A)(i)-(v) and 18 U.S.C. 2257A (âSection 2257â), require that you maintain the records required by 18 U.S.C. 2257 and must contain an â18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement.â Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.
If you are registering for a casual themed site, by agreeing to these terms and conditions you are aware that you are registering on an adult site that contains explicit images. These sexual images and other content may also be sent to you via email as part of your service. All marketing materials and images on this site are provided by third-parties which maintain their own compliance with Section 2257.
9. Links; Advertisers
The Site may include links to other web sites or services solely as a convenience to Users. We do not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through the linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Parties other than us may provide services or sell products via the Service. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. We do not assume any responsibility or liability for the actions, product, and content of such advertisers or linked websites. You should carefully review their privacy statements and other terms and conditions of use.
By your use of third party applications that connect with the Site (âThird Party Applicationsâ), you acknowledge and agree that we may transmit User Submissions to Third Party Websites or Third Party Applications through application protocol interfaces developed and maintained by those Third Party Websites or Third Party Applications. We are not responsible for the transmission of the User Submissions from the Service to Third Party Websites or Third Party Applications, nor the use of the User Submissions on any Third Party Websites or Third Party Applications. You should review the terms of service and privacy policies of any Third Party Websites or Third Party Applications. We are not responsible for and do not endorse any features, content, or other materials on or available from Third Party Sites or Third Party Applications. We also do not screen, audit, or endorse Third Party Sites or Third Party Applications. Accordingly, if you decide to access Third Party Sites or Third Party Applications, you do so at your own risk and agree that your use of any Third Party Sites or Third Party Applications is on an âas-isâ basis without any warranty as to the Third Party Sites or Third Party Applications actions, and that this Agreement does not apply to your use of any Third Party Sites or Third Party Applications.
The websites linked to/from the Site are not necessarily under the control of the Operator and the Operator is not responsible for the content of any linked site or any link contained in a non-affiliated link. The Operator reserves the right to terminate any link or linking program at any time. The Operator has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies, businesses, services, or products even if the domain name of the linked website is similar to the domain name for the Site. If you decide to access any of the third-party sites linked to/from the Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and the Operator shall not be responsible for notification of any change in name or location of any information on the Site. Your correspondence or business dealings with, or participation in promotions of advertisers or businesses found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or business. YOU AGREE THAT IN NO EVENT SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF OR IN CONNECTION WITH ANY DEALINGS WITH SUCH ADVERTISERS OR BUSINESSES FOUND ON WEBSITES LINKED TO/FROM THE SITE.
10. Our Responsibilities
We will operate the Site with the reasonable skill and care of an online service provider. We will use commercially reasonable efforts to maintain the operation of the Site, however, we may need to temporarily suspend operation of the Site or the Service from time to time for operational reasons. We shall use commercially reasonable efforts to restore the operation of the Site and the Service as soon as reasonably possible after any such temporary suspension. We also reserve the right to make changes to the Site and/or the Service from time to time.
11. Disclaimers of Warranties
We do not make any representation, warranty or guarantee regarding the accuracy of any content appearing on or transmitted via the Site, any website linked to/from the Site, the Service, or the products and services listed by others on or through the Site and/or the Service. We advise you to verify all such information and offerings independently. We make no representation or warranty as to the quality, reliability or authenticity of any service provider or any third-party appearing on or through the Site, websites linked to/from the Site, or Service, and are not responsible or liable for any acts or omissions committed by such third-parties.
Although each member must agree to these Terms of Use, we cannot guarantee that each member has complied with such Terms of Use. Also, it may be possible for others to obtain personal information about you due to your use of the Service. Those others may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS OF THE SITE (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SITE OR SERVICE OR OTHERWISE.
THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OF the Operator, THE SITE OWNER AND OTHERS INCLUDED ON THE SITE ARE PROVIDED âAS ISâ AND âAS AVAILABLEâ. WE DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE, ITS CONTENT, OR THE SERVICE, AND THE PRODUCTS AND SERVICES OF OTHERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE MAKE NO GUARANTEE THAT THE CONTENT OF THE SITE IS UP-TO-DATE, ACCURATE, RELIABLE OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME THE ACCURACY OR AUTHENTICITY OF ANY SUCH CONTENT. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, ITS CONTENT, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. BY YOUR USE OF THE SITE, ITS CONTENT, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS OF USE.
12. Limitations of Liability
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
NEITHER the Operator, THE SITE OWNER, NOR ANY AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, ATTORNEYS OR OTHER REPRESENTATIVES OR ASSOCIATES OF THE FOREGOING SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY, INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR EMOTIONAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, ITS CONTENT, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS, THE CONDUCT OF ANY SITE USER OR ANY INTERACTIONS BETWEEN SITE USERS (WHETHER OFFLINE OR ONLINE), OR WITH ANY DELAY OR INABILITY TO USE THE SITE OR SERVICE, WHETHER ARISING FROM CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY AND REGARDLESS OF WHETHER OR NOT YOU KNOW, SUSPECT, HAVE BEEN ADVISED, OR HAVE NOTIFIED US OF THE POSSIBILITY OF ANY SUCH DAMAGES.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
TO THE EXTENT THAT ANY LIMITATION OF LIABILITY SET FORTH IN THIS SECTION IS UNENFORCEABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, THE SITE OWNER, OR ANY AGENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR OTHER REPRESENTATIVES OF THE FOREGOING BE LIABLE FOR: (A) ANY LOSSES OR DAMAGES IN EXCESS OF THE GREATER OF THE MINIMUM AMOUNT REQUIRED UNDER APPLICABLE LAW; OR (B) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES.
IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: âA GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.â
YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION, âLIMITATIONS OF LIABILITYâ, IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THESE LIMITATIONS OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT OR SERVICE TO YOU. YOU AND WE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
THESE LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.
13. Modifications and Amendments
the Operator may modify or amend these Terms of Use at any time with or without prior notice. Such alterations or amendments shall be effective upon posting of the modified or amended Terms of Use on the Site. You hereby acknowledge and agree that each visit you make to the Site shall be subject to the then-current Terms of Use, and continued use of the Site or Service following any modification or amendment of the Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications or amendments.
14. User Disputes
In the event that you have any legal claim or action against any other User of the Site or Service, you agree to pursue such claim or action independently of and without any demands from us, and you release us from any and all claims, liability and damages, arising from or in any way connected to the claim or action.
15. Alerts
the Operator or the Site Owner may send you notifications and/or marketing messages as a result of your using the Site or Service. Users may opt-in and/or opt-out of such alerts, notifications, or marketing messages at their discretion. These alerts, notifications, and/or marketing messages could be sent via e-mail, text (SMS or MMS), and/or browser push notifications. The method for unsubscribing or opting-out of such alerts will be contained within the alert itself but generally (i) browser push notifications can be unsubscribed from by toggling your browser settings; (ii) email notifications can be unsubscribed from by the âunsubscribeâ link in all such e-mails; and (iii) SMS notifications can be unsubscribed from at any time by replying âSTOPâ to such text message.
16. Indemnification
YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS the Operator, THE SITE OWNER, AND ANY PARENTS, AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, OTHER REPRESENTATIVES AND CUSTOMERS OF THE FOREGOING (COLLECTIVELY, âINDEMNIFIED PARTIESâ) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, COSTS AND EXPENSES, KNOWN AND UNKNOWN, INCLUDING ATTORNEYâS FEES AND COSTS (COLLECTIVELY, âLOSSESâ) INCURRED BY ANY OF THE INDEMNIFIED PARTIES AS A RESULT OF OR ARISING FROM: (A) ANY BREACH OR ALLEGED BREACH BY YOU OF YOUR REPRESENTATIONS OR WARRANTIES OR THESE TERMS OF USE; (B) ANY ACTUAL OR ALLEGED INFRINGEMENT OR VIOLATION BY YOU OF ANY PROPRIETARY RIGHTS, INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER RIGHTS OF ANY PARTY; (C) THE VIOLATION OR ALLEGED VIOLATION OF ANY LAW, STATUTE, REGULATION OR ORDINANCE DUE OR RELATED TO YOU; (D) ANY ACTUAL OR ALLEGED UNFAIR BUSINESS PRACTICES, FALSE ADVERTISING, MISREPRESENTATION OR FRAUD ENGAGED IN BY YOU; (E) ANY ACTUAL OR ALLEGED PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO YOUR CONDUCT OR USE OF THE SITE OR THE SERVICE; (F) ANY ACTUAL OR ALLEGED BREACH BY YOU OF ANY AGREEMENT OR OBLIGATION YOU HAVE WITH ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER USER OF THE SITE OR SERVICE; (G) ANY ACT OR OMISSION BY YOU WITH REGARD TO ANY THIRD-PARTY, INCLUDING BUT NOT LIMITED TO THE ACTUAL OR ALLEGED COMMISSION OF ANY CRIMINAL ACTIONS OR TORTS. THIS SECTION WILL NOT BE CONSTRUED TO LIMIT OR EXCLUDE ANY OTHER CLAIMS OR REMEDIES THAT the Operator, THE SITE OWNER, THE INDEMNIFIED PARTIES, OR ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING MAY ASSERT OR BE ENTITLED TO ASSERT.
You also agree to cooperate as fully as reasonably required in the defense of any claim under this section and allow us to assume the exclusive defense and control of such matter at our discretion.
17. Jurisdiction, Applicable Law, and Limitations
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law applicable to conflicts of law. We make no claims or assurances that the Site is appropriate or may be downloaded, accessed, or otherwise used outside of the United States. You agree that any suit, action or proceeding arising out of or relating to these Terms of Use shall be instituted only in a California state or federal court sitting in the County of Orange, State of California, United States of America within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You hereby waive any objection you may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding. All parties to any such suit, action or proceeding must be individually named.
There shall be no right or authority for any dispute to be litigated on a class action or consolidated basis or on bases involving disputes brought in a purported representative capacity on behalf of the general public (such as a private attorney general) or other similarly situated persons unless the statute under which you are suing provides otherwise. All parties waive any claim to indirect, consequential, punitive, exemplary or multiplied damages arising out of any dispute with us unless the statute under which they are suing provides otherwise.
18. Copyright Complaints
The Digital Millennium Copyright Act of 1998 (the âDMCAâ) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that any content or other material hosted by the Site infringes your copyright, you (or your agent) may send the Operator a notice requesting that such content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow the Operator to locate the content or other material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or other material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send the Operator a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to the Operator at the address below.
Please note that you may be liable for damages (including attorneyâs fees and other costs) if you misrepresent a claim that content is infringing upon your copyright. Therefore, if you are not sure if material available online infringes your copyright (it may be protected under exceptions to the copyright law, like fair use), we suggest that you contact legal counsel before submitting any such claim. Please note that a copy of each legal notice and claim (with your personal information) could be sent to a third-party for publication and annotation. This contact information is only for reporting copyright infringement.
19. User Disputes
If we do not enforce any provision of these Terms of Use, such non-enforcement will not be considered a waiver of any provision or right against you or any User of the Site.
In the event that any part of these Terms of Use is held to be invalid or unenforceable, at our option such part will be construed as far as possible to reflect the partiesâ intentions and the remainder of the provisions will remain in full force and effect.
These Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to your use of the Site and/or the Service, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us with respect thereto.
It is hereby asserted that the Site and the Service are intended for and directed at the United States and no representation or warranty is made as to whether the Site or the Service complies with the regulatory regime and local laws of any other countries.
Each of the Operator and the Site Owner may assign all or part of its rights or duties under these Terms of Use in connection with a sale of all or substantially all the assets of such party (including the Site and/or operations) to a third-party without notice to you; provided any such third-party shall be obliged to honor the terms of such Terms of Use. You may not assign these Terms of Use without prior written consent.