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LEGAL NOTICE: YOUR
AGREEMENT TO THE TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT IS
REQUIRED FOR YOU TO BECOME A MEMBER OF THIS WEBSITE. IF YOU DO NOT
AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE ACCEPTED AS A
MEMBER AND YOU WILL NOT BE PERMITTED TO ACCESS OR VIEW THE CONTENT IN
THE MEMBERS-ONLY PORTION OF THE WEBSITE.
PLEASE READ ALL
THE PROVISIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY. YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CLICKING THE “I
ACCEPT” BUTTON AT THE END OF THESE TERMS AND CONDITIONS WILL
CONSTITUTE YOUR ACKNOWLEDGEMENT THAT THESE TERMS AND CONDITIONS
CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE
WEBSITE.
1. PARTIES
TO THIS AGREEMENT AND CONSIDERATION.
The parties to
this Membership Agreement (the “Agreement”) for
TEASING-VIDEO.COM, as
well as the associated web pages services, features and functions
made available by us and this website (collectively, the “Website”)
are You, the Member, and Indecisive Entertainment, Inc., CCG Partners, Inc. and its
affiliates (the "Company"). As used in this Agreement, the
terms "we," and "us" are used interchangeably to
refer to the Company and the Website; the term "You" and
"Your" is used to refer to You, the Member and Subscriber.
1.1 Subject to
Your acceptance of the terms and conditions set forth in this
Agreement (as evidenced by your submission of an application for
membership) and the payment of all required membership fees, the
Company agrees to provide to You all the privileges of Membership
including access to the Members-only materials at the Website which
are available to a Member in good standing.
1.2 You agree
that this Agreement is subject to change by the Company at any time
and changes shall become effective upon notice to Members by e-mail,
posting at or via hyperlink to the Website, or by mail. You may not
alter, delete, add or change or edit any of these terms and
conditions, and any such attempted alteration shall be void and of no
effect.
1.3 You agree
any action on Your part to bookmark to a page on this Website whereby
the Warning Page, the Age Verification Page, and/or the Terms and
Conditions of Membership Page is bypassed shall constitute an
implicit acceptance by You of all the Terms and Conditions set forth
herein as well as an explicit acknowledgement by You of the fact that
You are an adult and at least 18 years of age or of the age of
majority under the laws of Your state, province or country.
2. SEXUALLY
EXPLICIT MATERIAL. ALL MATERIALS, INCLUDING MESSAGES, AND
OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR
DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE
MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE
DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL
LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO
PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (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 THE WEBSITE OR
PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE
WEBSITE.
2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU
KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR
DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR
TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT
LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL
ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH
MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS;
AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING
TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING
ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL
VIEWING.
3. AGE
OF MAJORITY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS
(TWENTYONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE
AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF
THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED
AT, IN OR THROUGH THE WEBSITE.
3.1 YOU HEREBY FURTHER AFFIRM
AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18)
YEARS (TWENTYONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE
AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND
EXECUTING THE TERMS OF THIS AGREEMENT.
4. GRANT
OF LIMITED LICENSE WITH RESERVATIONS. The Website, except all
Member Submissions (as defined below), including without limitation,
all content, media and materials, all Company software, code, design,
text, scripts, messages, images, photographs, illustrations, audio
and video material, media files, artwork, graphic material, articles,
databases, proprietary information, writings, spoken statements,
music, video recordings, audio-visual works and recordings, slides,
portraits, works of authorship, animated and/or motion pictures,
interactive features, caricatures, likenesses, profiles, vocal or
other sounds, sound recordings, voices, voice reproductions, computer
graphics and visual effects, as well as any accompanying
documentation, packaging or other materials, tangible or intangible,
and all copyrightable or otherwise legally protectible elements of
the Website, including, without limitation, the selection, sequence
and 'look and feel' and arrangement of items, and all derivative
works, translations, adaptations or variations of same, regardless of
the medium, broadcast medium, format or form, now known or
hereinafter developed or discovered, and regardless of where
produced, on location, in a studio or elsewhere, in black-and-white
or in colors, alone or in conjunction with other work, characters,
real or imaginary, in any part of the world (all of the foregoing,
individually and/or collectively, is referred to herein as "Content")
and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed Company and/or its
affiliates, and their advertisers, licensors, suppliers, service
providers, promotional partners and/or sponsors, subject to copyright
and other intellectual property rights under United States and
foreign laws and international conventions. Our Content is legally
protected, without limitation, under U.S. Federal and State, as well
as applicable foreign laws, regulations and treaties. Unless the
context clearly requires otherwise or we explicitly say so in
writing, the term "Website" includes "Content" as
well.
Content on the Website is provided to you AS IS for
your information and personal use only. The Website contains Content
of Members and other Company licensors. Except for Content posted by
you and unless we explicitly and specifically notify you otherwise in
writing, you shall not, nor will you allow any third party, whether
or not for your benefit, to reproduce, use, copy, modify, adapt,
translate, create derivative works from, display, perform, publish,
post, distribute, sell, license, upload, transmit, disseminate,
broadcast or circulate to any third party (including, without
limitation, on or via a third party website) or otherwise exploit,
any Content, including Member Submissions, without the express prior
written consent of Company. Company authorizes you to access Content
and grants you the right to use the Website solely for your
non-commercial, non-exclusive, non-assignable, non-transferable and
limited personal use and for no other purpose whatsoever. You must
not alter, delete or conceal any copyright or other notices contained
on Company Services including notices on any Content you download,
transmit, display, print or reproduce from the Website. Company
reserves all rights not expressly granted in and to the Website and
the Content. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary
notices contained therein. You agree not to circumvent, disable or
otherwise interfere with security related features of the Website or
features that prevent or restrict use or copying of any Content or
enforce limitations on use of the Website or the Content therein. Any
unauthorized or prohibited use of any Content, including use in
contravention of this Agreement, may subject you to civil liability,
criminal prosecution, or both. Content submitted by users is subject
to the Member Submission Terms below that apply specifically to that
service.
By displaying, publishing, or sending us ("posting")
any Content, or any other materials on or through the Website, you
hereby grant to Company a non-exclusive, perpetual, irrevocable,
fully-paid and royalty-free, worldwide license (with the right to
sublicense through unlimited levels of sublicensees) to use, copy,
modify, adapt, translate, publicly perform, publicly display, store,
reproduce, transmit, and distribute such Content on and through the
Website. You represent and warrant that: (i) you own the Content
posted by you on or through the Website or otherwise have the right
to grant the license set forth in this section, and (ii) the posting
of your Content on or through the Website does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. You agree to pay for all royalties, fees,
and any other monies owing any person by reason of any Content posted
by you to or through the Website.
We have no obligation to
maintain or store any Content posted by you. We have the right to
delete any Content for any reason or no reason, including but not
limited to service cancellation or violation of this Agreement. Once
deleted, any Content you have stored on or through the Company
Services cannot be retrieved.
You may not use
any computerized or automatic mechanism, including without
limitation, any web scraper, offline reader, spider or robot, to
access, extract or download any Content from the Website, unless you
are expressly authorized to do so by us. You agree not to use or
launch any automated system that accesses the Website in a manner
that sends more request messages to Company servers in a given period
of time than a person can reasonably create in the same period by
using a conventional on-line web browser. Notwithstanding the
foregoing, Company grants the operators of public search engines
permission to use spiders to copy materials from the site for the
sole purpose of creating publicly available searchable indices of the
materials, but not caches or archives of such materials. Company
reserves the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any personally
identifiable information, including account names, from the Website,
nor to use the communication systems provided by the Website for any
commercial solicitation purposes. You agree not to solicit, for
commercial purposes, any users of the Website with respect to their
Member Submissions. As an express condition of your use of the
Website, you warrant to Company that you will not use the Website for
any unlawful purpose or purpose prohibited by this Agreement. If you
violate any part of this Agreement, your permission to use the
Content automatically terminates and you must immediately destroy any
copies you have made of any of the Content. Company makes no
representation that any Content is legal or appropriate for use
outside of the United States or that it is authorized for export from
the United States or for import into any other country. You are
solely responsible for complying with all import and export laws and
regulations and all applicable laws of any jurisdiction inside and
outside of the United States from which you may access Company
Services.
Company’s Content is protected by copyright,
trademark, patent, trade secret and other laws, and Company owns and
retains all rights to its Content and the Website. We require users
to respect our copyrights, trademarks, and other intellectual
property rights and those of others, including other users. On
notice, we will act expeditiously to remove content on the Website
that infringes the copyright rights of others and will disable the
access to the Website and its services of anyone who uses them
repeatedly to infringe the intellectual property rights of others.
Specific procedures to notify us about copyright infringement can be
found in this Agreement which describes our Notice and Procedure for
Making Claims of Copyright Infringement.
The brands, names,
logos, trade names, trademarks, service marks and other distinctive
identifications ("marks") on or of the Website, including,
without limitation, "TEASING VIDEO" are the intellectual
property of, and proprietary to Indecisive Entertainment, Inc., its
affiliates, its or their advertisers, suppliers and others with whom
these entities may do business. You have no right to use any of these
marks or any confusingly marks for any purpose without the express
prior written consent of Company.
5. PROHIBITED
AREAS. All of the following areas constitute PROHIBITED AREAS
from which no part of the Website may be accessed, viewed, downloaded
or otherwise received:
5.1 All parts of
the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq,
Japan, Jordan, Libya, Pakistan, The Peoples’ Republic of China,
Singapore, Saudi Arabia, Syria, The United Arab Emirates; and
5.2 All parts of
every other geophysical place corresponding to a political entity or
part thereof in which the access, viewing, downloading, dissemination
of, or other use of the materials contained in the Website would
constitute a violation of any law, regulation, rule or custom.
6. INDEMNIFICATION
FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS. You agree to
be personally liable and fully indemnify the Company, its employees,
agents, attorneys, and its successors and assigns for any and all
damages directly, indirectly and/or consequentially resulting from
any attempted or actual unauthorized downloading or other duplication
of Content from the Website by You alone, or with, or under the
authority of, any other person(s), including, without limitation, any
governmental agency(ies), wherein such damages include, without
limitation, all direct and consequential damages directly or
indirectly resulting from unauthorized downloading of Content from
the Website, including attorney’s fees.
7. MEMBERSHIP
7.1 You hereby acknowledge and agree that if You cancel Your
membership, or if Your membership is cancelled by the Company,
Your username and password will be removed from the system at the
end of the then current membership period and that You
will be entitled to receive the full benefits of Your
membership until the end of such period. You shall not be
entitled to any pro-rated or partial refund if You cancel Your
membership before the end of the then current
membership period. You agree that if You cancel at any time
after purchasing a membership to Website (e.g., 20 minutes
after You sign up), You will still be charged the full membership fee.
7.2
The Company may, at any time and at its sole discretion, cancel
any paid trial membership or monthly membership; provided, however, that
if the Company cancels any paid membership prior to its expiration, the
Company shall provide a pro-rata refund for the unexpired period of the
cancelled membership by automatic credit.
8. NO
WARRANTIES; LIMITATIONS ON COMPANY’S LIABILITY.
8.1 YOU HEREBY
AGREE THAT THE CONTENT, AND ALL OTHER SERVICES PROVIDED TO YOU BY
COMPANY, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT
WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE
AVAILABILITY, ACCURACY, OR CONTENT OF CONTENTS, INFORMATION, PRODUCT
OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY
DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE CONTENT, AND ALL SERVICES PROVIDED BY COMPANY, IS
BORNE EXCLUSIVELY BY YOU. SHOULD THE CONTENT, OR ANY OTHER SERVICE
PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR
COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY, ASSUME THE
ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY
FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT
ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT
APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO
CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS,
LICENSEES, RESELLERS, OR OTHER MEMBERS OR USERS OF THE WEBSITE, OR
THEIR SUPPLIERS, LICENSEES, OR RESELLERS BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF
CONTENTS OR OTHER USE OF THE WEBSITE.
8.2 ANY
LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY
LIMITED TO THE AMOUNT OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE
MEMBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR
PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING,
FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING
ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR
THROUGH THE WEBSITE.
9. NO
SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
9.1 You
acknowledge that You understand that the Company does not screen or
endorse the content of any advertisements or communications submitted
to or posted on the Website by third-party licensees, advertisers,
Users of the Website or other persons, nor does the Company exercise
any editorial control, prior screening or supervision over such
content. Users are therefore advised to use their own judgment to
evaluate all advertisements and other communications available at or
through the use of the Website prior to purchasing goods and/or
services described at the Website or otherwise relying on or
responding to any communication or information posted on, or accessed
through the use of the Website.
9.2 Links To
Third-Party Sites. You might access some of the content of the
Website via hyperlinks that will connect You to third parties, or to
third-party websites that may provide content to the Website. Those
linked websites are not under the control of Company and Company has
no editorial control or supervision over selection or display of the
content provided by those third parties or those third-party
websites. Company is providing You links to those third-party
websites only as a convenience, and the inclusion of any link on
Company's Website does not imply endorsement by Company of any other
website or the content of any such website. The owners and operators
of all third-party websites are solely responsible and liable for the
content they provide to You.
9.3 You further
acknowledge that You understand that the Company does not control the
content of any information, messages, communication, personal data,
photographs, video or audio content, or any other material posted or
uploaded by Users of the Website (collectively, "User Originated
Content"), and that You release the Company and its agents,
officers, directors and employees, from any and all liability and
responsibility, directly and indirectly, in connection with the
content of any information, messages, communication or other User
Originated Content You may receive from other Users of the Website.
9.4 Company
claims immunity from liability to the fullest extent under the law
and as provided under the Communications Decency Act for User
Originated Content provided by third parties and members and nothing
in this Agreement is intended to waive, remove, or usurp such
immunity. You understand and agree that Company reserves the right,
in its sole and exclusive discretion, to delete any content,
messages, photos, profiles or other information posted on the Website
by any User or any other person that in the sole judgment Company
violates these Terms and Conditions or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the
safety of Company and/or its members.
10. TRADEMARK AND SERVICE MARK The name of
this website is a service mark of Company. No use of this mark shall
be permitted except through the prior written authorization and
permission of Company. All rights reserved.
11. CUSTODIAN OF RECORDS All models, actors,
actresses and other persons that appear in any visual depiction of
actual sexual conduct appearing or otherwise contained in Website
were over the age of eighteen years at the time of the creation of
such depictions. All other visual depictions displayed on this
Website are exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R.
75 because any of said visual depictions which appear to be of
sexually explicit conduct are merely simulated. With respect to all
visual depictions displayed on this Website, whether of actual sexual
conduct, simulated sexual content or otherwise, all persons in said
visual depictions were at least 18 years of age when said visual
depictions were created. The records required pursuant to 18 U.S.C.
2257 and 28 C.F.R. 75 are kept by the Custodian of Records for
Website as identified in the 2257 Notice on the Website.

12. AUTHORIZATION AND PERMISSION TO SEND SEXUALLY-ORIENTED
COMMERCIAL EMAILS TO YOU. You hereby authorize and
permit notices, advertisements, E-mail and other communications to be
sent to You from Company or its authorized agents, assigns,
representatives, advertisers and contractors by means of e-mail,
including without limitation e-mails, advertisements, notices and
other communications containing explicit sexual content and language
and images of nudity or explicit sexual conduct. Moreover, You agree
that Your authorization and permission to Company to send You such
materials and communications shall continue to be in effect unless
and until You notify Company that You wish to be deleted from
Company’s email list.
13. OPT-OUT
AND CANCELLATION PROVISIONS. At any time, You may opt out of
future e-mailings and cancel Your receipt of future sexually-oriented
e-mailing from the Company by clicking
the unsubscribe link at the bottom of each e-mail.
14. NOTICES TO COMPANY OR MEMBERS. Notices
from the Website to Members may be given by means of electronic
messages, by general posting on the Website, or by conventional mail.
Communications from You to the Company may be made by electronic
messages or conventional mail, unless otherwise specified in the
Agreement.
15. All notices
to the company shall be sent by electronic mail to indy@teasing-video.com
16. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION.
This Agreement shall be governed by and construed under the laws
of the Province of British Columbia and Canada as applied to
agreements between British Columbia residents entered into and to be
performed within the Province of British Columbia, except as governed
by Canada law. The application of the United Nations Convention of
Contracts for the International Sale of Goods is expressly excluded.
16.1 Any and all
disputes as to the interpretation of or any performance under these
Terms and Conditions which are not first resolved informally, shall
be determined by binding arbitration in Vancouver, British Columbia,
in accordance with the rules of the Arbitration Act of Canada. The
final award in any such arbitration proceeding shall be subject to
entry as a judgment by any court of competent jurisdiction, provided
that such judgment does not conflict with the terms and provisions
hereof. The jurisdiction of the arbiter (or arbiters) with respect to
legal matters shall be limited only by the statutory and common law
of the Province of British Columbia and Canada.
17. UNENFORCEABILITY OF PROVISIONS. If any
provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary
to make it enforceable.
18. AFFIRMATION OF AGREEMENT. By joining this
website, you hereby acknowledge and affirm that you have read this
entire agreement and that you AGREE to all its terms and conditions
by and by authorizing the use of your credit card or other payment
method for payment of charges and fees for you maintaining a
membership to the Website and for any other charges which you may
incur for goods or services ordered at or in association with the
Website.
19. PRIVACY POLICY. You hereby affirm that you
have read, understand and acknowledge our Privacy
Policy.
20. ENTIRE
AGREEMENT. This Agreement contains the entire agreement
between the Member and Company regarding Members' use of the Website,
and all materials directly and indirectly related thereto. This
Agreement supersedes all prior written and oral understandings,
writings, and representations and may only be amended upon notice by
Company.
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