TERMS OF USE
ACCEPTANCE OF TERMS
Deep Blue Productions, a Nevada Limited Liability Company (hereinafter
“Company”), makes this website (the “Site”),
including all information, documents, communications, files, text,
graphics, software, products and services available through the
site (collectively, the “Materials”) and all services
operated by Company and third parties through the site (collectively,
the “Services”), available for your use subject to the
terms and conditions set forth in this document and any changes
to this document that Company may publish from time to time (collectively,
the “Terms of Use”).
By accessing or using this Site in any way, including, without limitation,
use of any of the Services, downloading of any Materials, or merely
browsing the Site, you agree to and are bound by the Terms of Use.
Deep Blue Productions, LLC reserves the right to change the Terms
of Use and other guidelines or rules posted on the Site from time
to time at its sole discretion. Your continued use of the Site,
or any Materials or Services accessible through it, after such notice
has been posted constitutes your acceptance of the changes. Your
use of the Site will be subject to the most current version of the
Terms of Use, rules and guidelines posted on the Site at the time
of such use. You should periodically check these Terms of Use to
view the then current terms. If you breach any of the Terms of Use,
your authorization to use this Site automatically terminates.
DEFINED TERMS
All user-supplied photographs, graphics, information, materials,
files, communications, and documents are referred to collectively
as “User Content.” “Company Content” means
all Materials provided by Company. User Content and Company Content
may have different restrictions and conditions associated with them.
TYPES OF USERS
This website accommodates two types of users: (1) Members wishing
to post a personal ad on this website; and (2) Visitors wishing
to connect with escorts who advertise on this Site. Please be aware
that only Site Members will be permitted to post their personal
ads on this Site. A Member will be required to create a profile
and provide certain information, such as the Member’s physical
attributes, time availability, contact information, and a fee range;
all such information MUST BE ACCURATE. Members will be permitted
to post and retain one ad at any given time; Members may not post
more than one ad on this Site. Members warrant that they will be
available during the time period indicated on their user-profile,
and Company reserves the right to terminate a Member’s membership
without notice or reimbursement if the Company determines that the
Member was unavailable during the time selected by the Member on
more than one occasion. Members are permitted to upload three (3)
photographs all of which shall be in good taste and conform to the
terms and conditions of this agreement.
Members may not post adult content or explicit adult material unless
(i) such material is permitted under applicable federal, state,
and local law; and (ii) you are at least the age of eighteen years
(18) (twenty-one years (21) in those places where eighteen is not
the age of majority). Members may not post or upload to the Site
obscene, lewd, indecent, or lascivious graphics or photographs,
or graphics or photographs which depict or simulate sexual acts.
MEMBERS MAY NOT SOLICIT DIRECTLY OR IN “CODED” FORM
ANY ILLEGAL SERVICE EXCHANGING SEXUAL FAVORS FOR MONEY OR OTHER
VALUABLE CONSIDERATION.
The terms and conditions expressed in this agreement applies to
all users and visitors of this Site.
USER VERIFICATION
All Materials and communications contained at this Site are intended
for distribution exclusively to consenting adults in locations where
the materials and communications contained at this Site do not violate
any community standards or any federal, state or local law or regulation
of the United States or any other country. No person under the age
of eighteen (18) years (or twenty-one (21) in places where eighteen
years is not the age of majority) may directly or indirectly view
or possess any of the contents of this Site or take advantage of
the service offered on this Site.
You hereby acknowledge and represent that you know and understand
that the materials presented on this Site for viewing or downloading
include explicit visual and/or textual depictions of nudity and
sexual activities; that you are familiar with materials of this
nature; that you are not offended by such materials; and that by
agreeing to these terms of use you are warranting to the Company
that you are intentionally and knowingly seeking access to such
explicit sexual materials for your own personal viewing. You further
represent, affirm and warrant that you are currently over the age
of eighteen (18) years (twenty-one (21) in places where eighteen
years is not the age of majority) and are capable of lawfully entering
into this agreement.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection
and arrangement, are protected by copyright, trademark, patent,
and/or other intellectual property laws, and any unauthorized use
of the Materials or Services at this Site may violate such laws
and these Terms of Use. Except as expressly provided herein, Company
and its suppliers do not grant any express or implied rights to
use the Materials and Services. You agree not to copy, republish,
frame, download, transmit, modify, rent, lease, loan, sell, assign,
distribute, license, sublicense, reverse engineer, or create derivative
works based on the Site, its Materials, or its Services or their
selection and arrangement, except as expressly authorized herein.
In addition, you agree not to use any data mining, robots, or similar
data gathering and extraction methods in connection with the Site.
In addition to the Materials and Services offered by Company, this
Site may also make available materials, information, and services
provided by third parties (collectively, the “Third Party
Services”). The Third Party Services may be governed by separate
license agreements that accompany such services. Company offers
no guarantees and assumes no responsibility or liability of any
type with respect to the Third Party Services, including any liability
resulting from incompatibility between the Third Party Services
and the Materials and Services offered by Company. You agree that
you will not hold Company responsible or liable with respect to
the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this
Site, you may view, download, and print the Company Content and
User Content available on this Site subject to the following conditions:
The Company Content and User Content may be used solely for personal,
informational, and internal purposes.
The Company Content and User Content may not be modified or altered
in any way.
The Company Content and User Content on the Site may not be distributed
or sold, rented, leased, or licensed to others.
You may not remove any copyright or other proprietary notices contained
in the Company Content and User Content.
Company reserves the right to revoke the authorization to view,
download, and print the Company Content and User Content available
on this Site at any time, and any such use shall be discontinued
immediately upon notice from Company.
The rights granted to you constitute a license and not a transfer
of title.
The rights specified above to view, download, and print the Company
Content and User Content available on this Site are not applicable
to the design or layout of this Site. Elements of this Site are
protected by trade dress and other laws and may not be copied or
imitated in whole or in part.
TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed
on this Site are the property of Company or other third parties.
You are not permitted to use the Marks without the prior written
consent of Company or such third party that may own the Marks.
LICENSE TO COMPANY FOR USER CONTENT
Certain Services offered through this Site accommodate or require
User Content. Depending upon the nature of the Service, by submitting
User Content to this Site you grant Company the following type of
license:
For User Content that is the result of your creative efforts and
which is intended to be displayed on the Site, you grant Company
a worldwide, royalty-free, non-exclusive license to modify (for
purposes of formatting, maintenance, or Site administration only)
and reproduce such User Content. You also grant Company the right
to distribute and publicly display and perform such User Content
for the purpose for which such User Content was submitted to the
Site. This license will be in effect until such User Content is
removed from the Site by either the user or the Company.
PROHIBITED COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by
you, (b) submitted with the express permission of the owner or within
the scope of the license to such content, or (c) in the public domain.
You are prohibited from posting or transmitting to or from this
Site any unlawful, threatening, harassing, libelous, offensive,
defamatory, obscene, or pornographic materials, or other materials
that would violate any law or the rights of others, including, without
limitation, laws against copyright infringement, and rights of privacy
and publicity. Violation of these restrictions may result in denial
of or limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials available
through it, you agree: not to disrupt or interfere with any other
user’s enjoyment of the Site or affiliated or linked sites;
not to upload, post, or otherwise transmit through the Site any
viruses or other harmful, disruptive, or destructive files; not
to create a false identity; not to use or attempt to use another’s
account, password, service, or system without authorization from
***; not to access or attempt to access any Project Content which
you are not authorized to access; not to disrupt or interfere with
the security of, or otherwise cause harm to, the Site, or any Services,
Materials, system resources, accounts, passwords, servers, or networks
connected to or accessible through the Site or any affiliated or
linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Company reserves the right, in its sole discretion, to delete or
remove User Content from the Site and to restrict, suspend, or terminate
your access to all or part of this Site, at any time without prior
notice or liability. Company may, but is not obligated to, monitor
or review any areas on the Site where users transmit or post User
Content, including but not limited to areas where Services are available,
and the substance of any User Content. To the maximum extent permitted
by law, Company will have no liability related to User Content.
Company disclaims all liability with respect to the misuse, loss,
modification, or unavailability of any User Content.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between
you and Company or you and a third party with respect to such party’s
materials or services, this Site, and all Materials and Services
accessible through this Site are provided “as is” without
warranty of any kind, either express or implied, including, but
not limited to, the implied warranties of merchantability or fitness
for a particular purpose, or the warranty of non-infringement. This
Site facilitates only the connection of Members with visitors, and
the Company makes no warranties whatsoever with respect to the services
offered by the Members or the experience the visitor will have once
Company connects the visitor with the Member. Without limiting the
foregoing, Company makes no warranty that
(i) the Services and Materials will meet your requirements; (ii)
the Services and Materials will be uninterrupted, timely, secure,
or error-free; (iii) the results that may be obtained from the use
of the Services or Materials will be effective, accurate, or reliable;
(iv) the quality of any Products, Services, or Materials obtained
or accessible by you through the Site will meet your expectations;
and (v) any errors in the Services or Materials obtained through
the Site, or any defects in the Site, its Services or Materials,
will be corrected.
This Site could include technical or other mistakes, inaccuracies,
or typographical errors. Company may make changes to the Materials
and Services at this Site at any time without notice. The Materials
or Services at this Site may be out of date, and Company makes no
commitment to update such Materials or Services.
You understand and acknowledge that (i) Company does not control,
endorse, or accept responsibility for any content, products, or
services offered by third parties through the Site, including, without
limitation, the services offered by the Site’s Members, third
party vendors and third parties accessible through links on the
Site; (ii) Company makes no representation or warranties whatsoever
about any such Members or third parties, their content, products,
or services; (iii) any dealings you may have with such Members or
third parties are at your own risk; and (iv) Company shall not be
liable or responsible for any content, products, or services offered
by Members or third parties.
The use of the Services or the downloading or other use of any Materials
through the Site is done at your own discretion and risk and with
your agreement that you will be solely responsible for any damage
to your computer system, loss of data, or other harm that results
from such activities. Company assumes no liability for any computer
virus or other similar software code that is downloaded to your
computer from the Site or in connection with any Services or Materials
offered through the Site. No advice or information, whether oral
or written, obtained by you from Company or through or from the
Site shall create any warranty not expressly stated in these Terms
of Use.
PERSONAL INFORMATION AND PRIVACY
Except as otherwise expressly set forth herein, your personal information
will be deemed to be confidential. In any case, you understand and
agree that we may disclose information about you if we have a good
faith belief that we are required to do so by law or legal process,
to respond to claims, or to protect the rights, property, or safety
of Company or others.
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall Company,
its subsidiaries, affiliates, agents, officers, directors, employees,
partners, or suppliers be liable to you or any third party for any
special, punitive, incidental, indirect, or consequential damages
of any kind, or any damages whatsoever, including, without limitation,
those resulting from loss of use, data, or profits, whether or not
Company has been advised of the possibility of such damages, and
on any theory of liability, arising out of or in connection with
the use of or the inability to use this Site, its Services, or Materials,
the statements or actions of any Member or third party on or through
the Site, any dealings with Members or other third parties, any
unauthorized access to or alteration of your transmissions or data,
any information that is sent or received or not sent or received,
any failure to store or loss of data, files, or other content, any
Services available through the Site that are delayed or interrupted,
or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
You agree to indemnify and hold Company, and its subsidiaries, affiliates,
officers, directors, agents, partners and employees, harmless from
any claim or demand, including reasonable attorneys’ fees,
made by any third party due to or arising out of content you submit,
post to, or transmit through the Site, your use of the Site, your
connection to the Site, your violation of these Terms of Use or
your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Company from
its offices within the state of Nevada, United States of America.
By accessing this Site, you and Company agree that all matters relating
to your access to, or use of, this Site shall be governed by the
statutes and laws of the State of Nevada, without regard to the
conflicts of laws principles thereof.
Any dispute relating in any way to your visit to this Site shall
be submitted to confidential arbitration in New York, New York,
except that, to the extent you have in any manner violated or threatened
to violate Company’s intellectual property rights, Company
may seek injunctive or other appropriate relief in any state or
federal court in the state of New York, and you consent to exclusive
jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules
then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court
of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers
posted on the Site constitute the entire agreement between Company
and you with respect to your use of the Site. If for any reason
a court of competent jurisdiction finds any provision of these Terms
of Use, or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect
the intent of the parties as reflected by that provision, and the
remainder of the Terms of Use shall continue in full force and effect.
Any failure by Company to enforce or exercise any provision of these
Terms of Use or related right shall not constitute a waiver of that
right or provision
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