Please read these terms of service carefully as this document is a binding legal agreement (the "Agreement") between you and La Touraine, Inc. (the "Company").
1. Age Restriction. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE SITE (AS DEFINED BELOW), SUBSCRIBE TO THE SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE SITE. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY AT LEAST EIGHTEEN (18) YEARS OLD, THE AGE OF MAJORITY IN YOUR COMMUNITY, AND ARE CAPABLE OF LAWFULLY ENTERING INTO THE AGREEMENT.
2. Binding Agreement. The Agreement spells out the terms and conditions to which you and all users of this site (the "Site") are expected to adhere. By creating a free account, purchasing a Full Subscription or Trial Subscription (as each is defined below) or by accessing or using the Site in any manner, you acknowledge that you have read the Agreement, understand the Agreement and agree to be bound by its terms. If you do not agree to be bound by the terms of the Agreement, you must leave the Site immediately.
3. Effect of Subscription Purchase. In the event that you purchase a Full Subscription or Trial Subscription (as defined below), you will be asked to enter your credit card information and certain other information. By providing this information and selecting "Complete this transaction" you agree to become a subscriber to the Site and, subject to the terms and conditions set forth in the Agreement, the Company agrees to provide you with all the privileges of a subscription to the Site available to a subscriber in good standing (the "Service").
4. Changes to Service. The Company may change, suspend, discontinue, and/or limit your access to any portion of the Site and/or Service, including without limitation, the availability of any feature, database, or Content (as defined below) at any time without notice or liability to the Company.
5. Amendments to the Agreement. The Company may change, add, or remove portions of the Agreement at any time and changes are effective upon notice to you by email. posting, or made availabe as a hyperlink on the Site. Your continued use of the Service will indicate your acceptance of such changes. If future changes to the Agreement are unacceptable to you, or cause you to no longer be in compliance, you may cancel your subscription by providing the Company notice pursuant to paragraph 27 and subject to the terms and conditions of the Agreement. From time to time, the Company may ask you to expressly accept the changed terms of service to continue using the Site and/or Service.
6. Nature of Content. YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS PUBLISHED, BROADCAST, CONTAINED, AND/OR DOWNLOADABLE ON THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, VIDEOS, STILL PHOTOGRAPHS, LIVE BROADCASTS, AUDIO CLIPS, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, SOFTWARE, LOGOS, ICONS AND ANY OTHER PROPRIETARY CONTENT (COLLECTIVELY, THE "CONTENT") INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN, AND/OR TRANSSEXUAL SITUATIONS AND THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.
7. Use of Content. The Content is intended for distribution exclusively to consenting adults who are in locations where such Content does not violate community standards or any applicable local, state, or federal law or regulation.
8. Liability for Improper Use of Content. You agree to be personally liable and fully indemnify the Company and Agent (as defined below) for any and all damages directly, indirectly, and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of Content. Such damages include, without limitation, loss of revenue, loss of profits, loss of property, fines, penalties, attorney's fees, costs, and damages resulting from civil lawsuits, administrative actions, prosecution, and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
10. Grant of License. Subject to the limitations set forth below, the Company hereby grants you a limited, non-commercial, non-exclusive, and non-transferable license (the "License") to use the Content during the period in which you are a current subscriber in good standing or legitimate user of the Site. The License will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of the Agreement, cease, for any reason, to be a subscriber in good standing, or are notified of termination of the License by the Company or its authorized agent(s).
11. Limitations on License. You may make no use of the Content not expressly authorized herein or by express written authorization from the Company. You may use the Content only in accordance with the Agreement, only on one computer at a time, and if the Site makes downloadable copies of the Content available, you may make only a single copy of such Content for your personal use and enjoyment. You agree to the following limitations and restrictions on your use of the Content:
12. Ownership of the Content and Intellectual Property. Except for public domain material or material otherwise licensed to the Company for electronic dissemination, all of the Content displayed at or otherwise available through the Site is proprietary content owned by the Company, its parents, subsidiaries and/or assigns. All editions of the Site and Content and other matter used directly or indirectly in, at, by, through and/or with the Site are protected by the copyright laws of the United States, international copyright treaties, and other laws and regulations. All intellectual property and other rights in and to the Content and other matter on the Site shall at all times remain in the Company, its parent(s), subsidiary(ies) and assign(s).
13. Submissions. You acknowledge that any user generated content that you transmit, including comments, forum messages, text, email, video, audio, photographs or other types of media to the Company ("Submission") may be edited, removed, modified, published, transmitted and displayed by the Company and you waive any rights you may have in the material. The Company reserves the right (but not the obligation) to delete, move or revise any Submission at its sole discretion without notice. You may not infringe on any party's intellectual property or other rights and must adhere to the warranties listed under V. REPRESENTATION AND WARRANTIES, as described below. The Company takes no responsibility and assumes no liability for any content posted by you or any third party. You agree to release, indemnity and hold harmless the Company and its agents for all claims resulting from content you supply.
14. License Granted. To the extent any Submission is copyrightable material, you grant the Company and its authorized agents a non-exclusive, royalty free, perpetual and fully sublicensable right to use, post, publish, reproduce, adapt, create derivative works from, distribute, and display such Submission throughout the world in any media and for any purpose. By way of example, the Company may sublicense the content and allow third parties to use the material for any purpose.
15. Your Warranties. You hereby represent, warrant, and affirm (the "Warranties"):
16. Breach of the Warranties. Any conduct that the Company, in its sole discretion, deems to be a breach of the Warranties shall constitute a breach of the Agreement and grounds for termination.
17. Indemnity. You hereby agree to indemnify, defend, and hold harmless the Company and all of its related entities, subsidiaries and parent companies, advertising and promotions agencies and each of the their heirs, successors, officers, directors, employees, assigns, agents, attorneys, representatives, and any other person or entity now or hereafter affiliated with them, and each of them (collectively, "Indemnified Parties"), of and from any and all claims, demands, causes of action, obligations, damages, losses to any person (including death) or property, penalties, attorney's fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or claimed, arising out of any breach by you or any other user of your account, whether or not such user has your permission, of the Agreement or the Warranties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall cooperate as fully as is reasonably required in the defense of any claim.
18. Third Party Violations. The Company does not assure or warrant that third parties or other users will comply with the Warranties or any other provision of the Agreement, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any lack of compliance.
19. No Warranties by the Company. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING THE SITE AND SERVICE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
20. Disclaimer of Responsibility for Outbound Links. THE SITE CONTAINS LINKS TO OTHER RELATED INTERNET SITES, RESOURCES, AND SPONSORS OF THE COMPANY. YOUR SELECTION OF AN AD BANNER OR LINK WILL REDIRECT YOU FROM THE SITE TO A THIRD PARTY WEBSITE. THE COMPANY HAS NO CONTROL OVER AND NO LIABILITY FOR ANY THIRD PARTY WEBSITES OR MATERIALS. TRANSACTIONS THAT OCCUR BETWEEN YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY AND ARE NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH SITES, AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF SUCH OUTSIDE RESOURCES, AND YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE THIRD PARTY SITE'S ADMINISTRATOR OR WEBMASTER.
21. The Company's Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO YOUR USE OF THE SITE, THE SERVICE, THE CONTENT AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY, EXCEPTING SUCH INJURY OR DAMAGES CAUSED BY THE COMPANY'S FRAUD, WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER, OR VIOLATION OF LAW BY THE COMPANY.
23. Subscription Options. Subscriptions to the Service are available as follows:
All subscription fees are payable by credit card and a Full Subscription is also payable via check or telephone. Full Subscriptions paid by telephone are generally more expensive. Current pricing for subscriptions will be available on the Site at the time of purchase. From time to time promotions may be conducted which will alter the pricing structure. Subscriptions may not be assigned or transferred to any other person or entity.
24. Trial Subscriptions.You hereby acknowledge that purchase of a Trial Subscription does not allow you to have full access to the Content, but, rather, allows you to have limited access only to specific scenes pre-selected by Company. You will receive full access to the Content only in the event that you purchase a Full Subscription. Trial Subscription includes trial access to Naughty America Live, a third party product. If you purchase a Trial Subscription, you hereby agree that Agent (as defined below) may immediately authorize your credit card (or other approved facility) in the amount equal to the then-current rate for the Trial Subscription you selected. To terminate your Trial Subscription, you must do so prior to the end of the Trial Period to avoid incurring charges for a Full Membership Subscription. Failure to cancel prior to the end of the Trial Period constitutes your agreement to continue as a subscriber under the terms and conditions for Full Membership Subscriptions set forth herein and you authorize the Company to charge your credit card (or other approved facility) at the then-current Full Membership Subscription rate on a monthly basis until you request termination of your Full Membership Subscription according to the terms and conditions set forth herein.
25. Full Membership Subscriptions. If you purchase a Full Membership Subscription, or if you do not cancel your Trial Subscription prior to the end of the trial period, you authorize the Company and/or Agent to charge your credit card (or other approved facility) for periodic subscription fees according to the then-current billing terms for the Service. Subscription fees are earned upon receipt by the Company. Full Membership Subscription includes trial access to Naughty America Live, a third party product. For your convenience, Full Membership Subscriptions, with the exception of yearly subscriptions, will automatically renew upon expiration unless you cancel your subscription at least three (3) days prior to expiration. Subscription rates are subject to change at any time without notice. You are liable for any subscription charges incurred by you up to and until termination of the Service.
26. Transaction Processing. You hereby authorize the Company and/or one of its authorized agents, ("Agent"), to process the transactions necessary to procure and maintain subscriptions on your behalf. You agree not to report any credit card (or other approved facility) utilized in such transaction as lost or stolen unless you have a good faith reason to believe that the credit card (or other approved facility) has been lost or stolen. You further agree that you will not dispute any charge that you authorized.
27. Terminating Subscriptions. The Company or Agent may terminate your subscription at any time, and without cause. If you wish to terminate your Full Subscription, you must do so AT LEAST three (3) days prior to expiration or you will be deemed to have elected to continue your subscription for an additional month and will be charged accordingly. You agree to be personally liable for all charges incurred through your account for use of the Site and/or Service. Your liability for such charges shall continue after termination of your subscription for any reason. To terminate your subscription you must first determine who the Agent is for your subscription. This can be determined by examining your bill. If DHD Media is the Agent for your subscription, you may terminate via one (1) of three (3) following methods: (a) provide written notification to the Company and Agent at firstname.lastname@example.org; (b) contact DHD Media directly via telephone at 1-800-935-5771; and (c) select the "Support" tab on the Site and follow the on screen instructions for termination. If Epoch or CC Bill is the Agent for your subscription, select the "Support" tab on the Site and follow the on screen instructions for creating a Customer Support Ticket in order to effect termination.
28. Customer Service and Refund Policy. If you have a question about a transaction on your credit card statement, please contact the appropriate Agent's customer service department using the contact information below. Agents manage the credit and refund policy for the Service on a case-by-case basis. The Company or an Agent will provide you, upon request, access to billing records that support charges for use of the Service. Additionally, you can also contact the Company directly regarding a refund by clicking the "Support" tab on the Site and following the on screen instructions.
29. Notice of Copyright Infringement. If you believe that any Content or Submission appearing on the Site has been used in a manner that infringes upon your copyrights, you or your authorized agent may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
The Company's Copyright Agent is:
30. Counter-Notice. If you believe that your Content or Submission that was removed or disabled is not infringing, or that you have proper authorization to post and use the material in your Content, you may send a counter-notice to our Copyright Agent containing the following information:
Our Copyright Agent may send a copy of any counter-notice to the original complaining party informing that party that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
31. Registration and Security. Purchase of a Full Subscription or Trial Subscription requires registration. During the registration process, you shall provide the Company with accurate, complete, and current billing information. Failure to do so shall constitute a breach of the Agreement, which may result in immediate termination of your subscription. As part of the registration process, you will select a user name ('Naughty ID') and password. You may not select or use a Naughty ID that: (a) incorporates or is confusingly similar to the name of another person with the intent to impersonate that person; (b) is subject to the rights of any person other than yourself without authorization; or (c) the Company, in its sole discretion, deems offensive.
32. No Unauthorized Access. You shall not provide any other person or entity access to your subscription, either directly or indirectly. This includes, without limitation, sending or making available to another party your Naughty ID and/or password. Allowing others to gain unauthorized access to the Service is a breach of the Agreement and a violation of law.
33. Confidentiality and Liability for Account Usage. You shall be solely responsible for keeping your password strictly confidential. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You are responsible for all usage or activity on your account for the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your subscription at the Company's sole discretion, and you may be referred to appropriate law enforcement agencies. You may be held liable for any losses incurred by the Indemnified Parties due to someone else's use of your account or password. You may not use the account, Naughty ID, or password of another person or entity at any time.
34. Notice to the Company. You must promptly inform the Company or Agent of the following: (a) changes in the expiration date of any credit card used in connection with the Site; (b) changes in home or billing address; and (c) known or suspected breaches of security, such as loss, theft, or unauthorized disclosure or use of a Naughty ID, password, and/or credit card information. If you have reason to believe that your account has been compromised, please promptly contact the Company at email@example.com or Agent at firstname.lastname@example.org. Until the Company or Agent is notified of a breach in security, you will remain liable for any use of the Service.
36. Governing Law. You agree that: (i) this Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to the principles of conflict of laws; (ii) that the Service shall be deemed solely based in California; and (iii) the Service and the Site shall be deemed a passive website that does not give rise to personal jurisdiction or venue over the Company, either specific or general, in jurisdictions other than California.
37. Forum Selection. Any dispute between you and the Company shall be tried and litigated exclusivley in the State or Federal courts located in San Diego County, California. This forum is intended by the parties to be mandatory and not permissive in nature, precluding the possibility of litigation between the parties with respect to or arising out of the Agreement in any jurisdiction other than that specified in this paragraph.
You are electronically signing this Agreement by either selecting the "I Agree" button below and/or purchasing a subscription or accessing this site in any manner. You understand and agree that this Agreement may not be denied legal effect, validity, or enforceability solely because your electronic signature was used in its formation. You further understand and agree that electronic signatures and records are just as good as their paper equivalent, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.
BY PURCHASING A FULL SUBSCRIPTION OR TRIAL SUBSCRIPTION OR BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THE LA TOURAINE, INC. TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THE TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY AT LEAST 18 YEARS OLD, AND UNDERSTAND THAT MATERIALS PRESENTED AT THIS SITE INCLUDE EXPLICIT NUDITY, VISUAL AND AUDIO REPRESENTATIONS OF SEXUAL SITUATIONS, AND ADULT LANGUAGE.
FURTHER, BY INDICATING ON THE JOIN PAGE THAT YOU HAVE READ AND AGREE WITH THE TERMS OF SERVICE AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD (OR OTHER APPROVED FACILITY) FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO THE SITE, YOU AFFIRM THAT YOU HAVE READ THE ENTIRE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF SERVICE SET FORTH IN THE AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, ARE UNDER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, DO NOT CREATE A FREE ACCOUNT, DO NO ATTEMPT TO PURCHASE A FULL SUBSCRIPTION OR TRIAL SUBSCRIPTION, DO NOT ATTEMPT TO USE THE SITE IN ANY MANNER AND LEAVE NOW!