Disclaimer of Warranty

You expressly agree that use of the Sites or any of the materials contained therein is at your own and sole risk. The Sites and all Materials contained therein are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We make no representations or warranties that the Sites or any Materials contained therein will be uninterrupted, timely, secure, or error free; nor do we make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of the Sites or any of the Materials contained therein. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Sites or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand we cannot and do not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your use of the Internet. Owner makes no warranty regarding any goods or services purchased or obtained through the Sites or any transaction entered into through the Sites and is not responsible for any use of confidential or private information by sellers or third parties. We may change any of the information found at the Sites at any time without notice including the terms of service without notice. We make no commitment to update the information found at the Sites. We make no commitment to update the Materials. The warranties and representations set forth in this agreement are the only warranties and representations with respect to this agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

In no event shall Creative Genius LLC (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Sites or any of the Materials contained therein, even if Owner has been advised of the probability of such damages. This is for any matter arising out of or relating to this agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if Creative Genius Enterprises has been advised of the possibility of such damages. In no event shall Creative Genius Enterprises’ maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of the Sites or services for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Indemnity

You agree to defend, indemnify, and hold harmless Creative Genius Enterprises, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Sites or any of the Materials contained therein, or your breach of any of these Terms and Conditions. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.

Access to, Limited License, and Interference with Sites

Subject to these Terms and Conditions and in consideration of using the Sites, Owner hereby grants you a limited, nonexclusive, nontransferable personal license to access and use the Sites and the Materials contained therein. The Sites provide the Materials for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said site. Users of Sites are granted a single copy license to view Materials. All Materials on the Sites shall be for private non-commercial use only, and all other uses are strictly prohibited. Owner reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of the Sites, or any of the Materials contained therein. Any unauthorized use of the Sites or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the Sites for their intended purpose and is not a transfer of title. You represent and warrant that you will not allow any minor access to the Sites and that you will not copy or redistribute any of the content appearing on the Sites. Owner reserves the right to terminate this license at any time if you breach or violate any provision of this Agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from the Sites. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.

Except where expressly permitted by law, you may not translate reverse-engineer, decompile, disassemble, or make derivative works from the Sites or their Materials. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the Sites, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Sites or any communications on it.

Restrictions on Use of the Sites

You may use the Sites only for purposes expressly permitted by the Terms and Conditions of that site. You may not use the Sites for any other purpose, including any commercial purpose, without our express prior written consent. Without the express prior written authorization you may not: (a) duplicate the Sites or any of the Materials contained therein (b) create derivative works based on the Sites or any of the Materials contained therein; (c) use the Sites or any of the Materials contained therein for any public display, public performance, sale or rental; (d) re-distribute the Sites or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from the Sites or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with the Sites or any of the Materials contained therein; (g) use any meta-tags or any other “hidden text” using the Sites’ name or marks; (h) “deep-link” to any page on the Sites (including the homepage); (i) circumvent any encryption or other security tools used anywhere on the Sites (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Sites); (j) use any data mining, bots, or similar data gathering and extraction tools on the Sites; (k) decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials. You agree to cooperate with the Sites in causing any unauthorized use to cease immediately. At any time, if the Sites provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive or illegal material while using the Sites or other services included on the Sites. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and we will terminate all your rights under this Agreement.

Images and Content

All Materials displayed on the Sites are protected by the First Amendment rights to Free Speech, Free Expression, and Freedom of the Press, and parallel provisions of other constitutional provisions and state constitutions. You acknowledge that the Sites may offer online content that could be deemed “adult” or “erotic” in nature. Additionally, you are on notice that some of the Materials presented on the Sites may contain graphic visual depictions, graphic audio, and descriptions of sexually oriented, explicit, offending, or disturbing activities. You acknowledge that you are aware of the nature of the Materials provided by the Sites, that you are not offended by such Materials, and that you access the Sites freely, voluntarily, and willingly. You also acknowledge that the Sites are intended to contain only images protected by the First Amendment to the United States Constitution.

If you are seeking information regarding illegal activities, please leave this site immediately. You are further aware of the community standards of your community, and you will only access the content on the site if you believe, upon diligent investigation, that the content on the site does not offend the community standards prevalent in your community.
You further agree not to use or access the Sites if doing so would violate the laws of your state, province or country.

Age of Majority and Membership

You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the site immediately and may not use or access the site or print or download any Materials from them. You agree not to bypass any security and/or access features on our Sites. Additionally, we do not assume any responsibility or liability for any misrepresentations regarding a user’s age.

Membership and calls may not be assigned, transferred, or sold to a third party. The Sites and their affiliates disclaim any and all liability arising from fraudulent entry and use of the Sites. If a user fraudulently obtains access, we will terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.

No Child Pornography

You understand that all models appearing on the Sites are, and were at the time of all recorded images, at least 18 years of age, and that the Sites contains no child pornography. If you seek any form of child pornography (including so-called “virtual” child pornography), you must exit the site immediately.



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