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Terms of
Use & Privacy Notice
Welcome!
Please read these terms and conditions of use carefully...
THESE TERMS OF
USE GOVERN YOUR USE OF THE SITE, WHICH IS PROVIDED BY
AVALANCHE SERVICES, LLC.
(AVALANCHE), THE OWNER OF THE SITE, (THE “OWNER”).
By accessing THE site, you are indicating your acknowledgment
and acceptance of these terms OF USE. THESE
TERMS OF USE ARE SUBJECT TO CHANGE BY THE OWNER AT ANY TIME IN
ITS SOLE DISCRETION. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF
THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Age and Legal
Access Certification
By subscribing to
and entering the Site, you certify the following information and
understand that the Owner is relying on such certification and
agreement to these terms of service for allowing entry into the
site. You hereby certify under unsworn declaration of perjury
the following:
1.
That
you are eighteen (18) or twenty-one (21) years of age
(whichever is applicable) or older;
2.
That
you are familiar with all of the local laws in your area
affecting your legal right to access erotic or adult-oriented or
obscene materials; and,
3.
That
you have the legal right to access erotic or adult-oriented or
obscene materials and the Site has the legal right to transmit
them to you; that you are requesting erotic or adult-oriented or
obscene materials for your own private enjoyment and that you
will never share
these materials with a minor or in ANY WAY make these materials
available IN ANY FORM WHATSOEVER to a minor.
Custodian of
Records
The actors, models, actresses and/or other persons that appear in any visual,
graphic, artistic, written or other depiction of actual sexually
explicit conduct appearing or otherwise contained in this
Website were over the age of eighteen (18) years at the time of
the creation of such.
All other pictures, graphics,
videos and/or other visual media displayed on this Site are
exempt from the provisions of 18 U.S.C. §2257, any
amendments thereto, and 28 C.F.R. 75, because said visual
media do not consist of depictions of conduct as specifically
listed in 18 U.S.C. §2256 (2)(i) through (iv), but are
merely depictions of non-sexually explicit nudity, or are
depictions of simulated sexual conduct,
or are depictions as set forth in 18 U.S.C. 2256 (2)(v)
created prior to July 27, 2006, and/or are otherwise exempt
because the visual depictions were created prior to July 3,
1995.
With respect to
all visual or written, artistic or graphic media, as defined
above, displayed on this website, whether of actual sexually
explicit conduct, simulated sexual content and/or otherwise, all
persons in said visual depictions were at least eighteen (18)
years of age when said visual media, as defined above, were
created.
Please direct
questions pertaining to content on this website to:
Custodian of
Records: J. Lawson
Address: Avalanche Services,
LLC
927 Cantor
Irvine,
California 92620
E-mail
address:
support@cherrypimps.com
The original records required from the primary
producer of said video and visual media and pursuant to 18
U.S.C. Section 2257 and 28 C.F.R. 75 for all materials contained
in the website are kept by the following Custodian of Records:
Custodian of
Records: J. Lawson
Address: Avalanche Services,
LLC
927 Cantor
Irvine,
California 92620
E-mail
address:
support@cherrypimps.com
Access to
the Site
To access this
Site and/or some of the resources it has to offer, you may be
asked to provide certain registration details or other
information. It is a condition of your use of this Site that
all the information you provide on the Site will be correct,
current, truthful, accurate and complete. If the Owner believes
the information you have provided is not correct, current,
truthful, accurate and/or complete, the Owner has the right to
refuse you access to the Site and/or any of its resources and to
terminate or suspend your access at any time.
Restrictions on Use
You may ONLY use
the Site for purposes expressly permitted by the Site. You may
not use the Site for any other purpose, including any commercial
purpose, without the Owner’s express prior written consent. For
example, you may not (and may not authorize any other party to)
(i) co‑brand the Site, and/or (ii) frame the Site, and/or (iii)
hyper-link to the Site, without the express prior written
permission of the Owner or its designated authorized
representative. For purposes of these Terms of Use,
“co‑branding” means, but is not limited to, display a name,
logo, trademark, or other means of attribution or identification
of any party in such a manner as is reasonably likely to give a
user the impression that such other party has the right to
display, publish, or distribute the Site or content accessible
within the Site. You agree to cooperate with the Owner in
causing any unauthorized co-branding, framing or hyper-linking
immediately to cease.
Proprietary Information
The material and
content accessible from the Site, and any other World Wide Web
site owned, operated, licensed, or controlled by the Owner (the
“Content”) is the proprietary information of the Owner or the
party that provided the Content to the Owner and the Owner or
the party that provided the Content to the Owner retains all
right, title, and interest in the Content. Accordingly, the
Content shall not be copied, distributed, republished, uploaded,
posted, and/or transmitted in any manner whatsoever, without the
express prior written consent of the Owner, except that you may
print out a copy of the Content solely for your personal use.
In doing so, you may not remove and/or alter, or cause to be
removed and/or altered, any copyright, trademark, trade name,
service mark or any other proprietary notice or legend appearing
on any of the Content. Modification or use of the Content
except as expressly provided in these Terms of Use violates the
Owner’s intellectual property rights. Neither title nor
intellectual property rights are transferred to you by access to
the Site.
Hyper-Links
The
Site may be hyper-linked to other sites which are not maintained
by, or related to, the Owner. Hyper-links to such sites
are provided as a service to users and are not sponsored by or
affiliated with the Site or the Owner. Further, the inclusion of any hyper-link to a third-party
site does not necessarily imply endorsement by the Owner of that
site.
Submissions
You hereby grant
to the Owner the royalty-free, perpetual, irrevocable,
worldwide, non‑exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform and display all content, remarks,
suggestions, ideas, graphics, or other information communicated
to the Owner through the Site (together, the “Submission”), and
to incorporate any Submission in other works in any form, media,
or technology now known or later developed. The Owner will not
be required to treat any Submission as confidential and may use
any Submission in its business (including without limitation,
for products or advertising) without incurring any liability for
royalties or any other consideration of any kind, and will not
incur any liability as a result of any similarities that may
appear in future Owner operations.
The Owner is free
from any and/or all legal obligation under 18 U.S.C. §2257 for
Submissions placed directly on the Site and shall not be
responsible for 18 U.S.C. §2257 compliance unless the Submission
comes with all records required under 18 U.S.C. §2257.
The Owner will
treat any personal information that you submit through the Site
in accordance with its Privacy Policy.
Privacy Policy
The Privacy Policy for the Site, incorporated herein by this
reference, also governs your use of the Site. By accessing the
Site, you are indicating your acknowledgment and acceptance of
the Privacy Policy. The Privacy Policy is subject to change by
the Owner at any time in its sole discretion. Your use of the
Site after such changes are implemented constitutes your
acknowledgment and acceptance of the changes. Please consult
the Privacy Policy regularly.
Disclaimer
You understand that the Owner cannot, WILL NOT and does not
guarantee AND/or warrant that files available for downloading
from the Internet will be free of viruses, worms, Trojan horses
AND/or other code that may manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction
of any lost data. The Owner does not assume any responsibility
AND/or risk WHATSOEVER, IN ANY FORUM, for your use of the
Internet.
YOUR USE OF THE
SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
THE OWNER DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT. THE OWNER
DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY,
RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS AND THE OWNER MAY OR MAY
NOT MAKE CHANGES AND/OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT
THE OWNER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING
FROM THE USE OF THE SITE OR ITS CONTENT. THE OWNER MAKES NO
WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE
RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ERRORS OR OMISSIONS OR INFRINGEMENTS IN SUCH CONTENT. THE OWNER
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
CONTENT’S APPROPRIATENESS OR AUTHORIZATION FOR USE
IN ALL COUNTRIES, STATES,
PROVINCES, COUNTY, LOCALITIES OR ANY OTHER JURISDICTIONS. IF
YOU CHOOSE TO ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE
AND RISK AND ARE SOLELY, TOTALLY AND COMPLETELY RESPONSIBLE FOR
COMPLIANCE WITH ALL APPLICABLE LAWS.
Limitation on Liability
THE OWNER, ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OFFICIALS. CONTRACTORS
AND DIRECTORS WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT
NOT LIMITED TO, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY, INCLUDING, BUT NOT LIMITED
TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE OWNER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF THE OWNER AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE
PAID TO THE OWNER FOR THE APPLICABLE CONTENT OR SERVICE OUT OF
WHICH LIABILITY AROSE.
Indemnity
You will indemnify, DEFEND and hold the Owner, its subsidiaries,
affiliates, licensors, content providers, service providers,
employees, agents, officers, OFFICIALS, directors, and
contractors (the “Indemnified Parties”) harmless from any AND
ALL breachES of these Terms of Use by you, including any use of
Content other than as expressly authorized in these Terms of
Use. You agree that the Indemnified Parties will have no
liability in connection with any such breach or unauthorized
use, and you agree to indemnify any and all resulting loss,
damages, judgments, awards, costs, expenses and attorneys’ fees
of the Indemnified Parties in connection therewith. You will
also indemnify and hold the Indemnified Parties harmless from
and against any claims brought by third parties arising out of
your use of the information accessed from the Site.
Trademarks
Trademarks, service marks and/OR logos appearing ON OR
in the Site are the property of the Owner or the party that
provided the trademarks, service marks and/OR logos to the
Owner. The Owner and any party that provided trademarks,
service marks and/OR logos to the Owner retain all rights AND
PRIVILEGES with respect to any of their respective trademarks,
service marks, and logos appearing in the Site.
Information You Provide
You may not post,
send, submit, publish or transmit, in connection with the Site,
any material that:
·
You
do not have the right to post, including proprietary material of
any third party;
·
Advocates illegal activity and/or discusses an intent to commit
an illegal act;
·
Is
vulgar, obscene, pornographic, or indecent;
·
Does
not pertain directly to the site;
· Threatens or abuses others, libels, defames, invades privacy,
stalks, is obscene, pornographic, racist, abusive, harassing,
threatening or offensive;
·
Seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable
details or otherwise;
· Infringes any intellectual property or other right of any entity
or person, including violating anyone’s copyrights or trademarks
or their rights of publicity;
·
Violates any law or may be considered to violate any law;
·
Impersonates or misrepresents your connection to any other
entity or person or otherwise manipulates headers or identifiers
to disguise the origin of the content;
·
Advertises any commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in any commercial
activity (e.g., conducting raffles or contests, displaying
sponsorship banners, and/or soliciting goods or services),
except as may be specifically authorized on the site;
· Solicits funds, advertisers or sponsors;
·
Includes programs which contain viruses, worms and/or trojan
horses or any other computer code, files or programs designed to
interrupt, destroy and/or limit the functionality of any
computer software or hardware or telecommunications;
·
Disrupts the normal flow of dialogue, causes a screen to scroll
faster than other users are able to type, or otherwise acts in a
way which affects the ability of other people to engage in real
time activities via the site;
·
Includes mp3 format files;
·
Amounts to a ‘pyramid’ or similar scheme;
·
Disobeys any policy or regulations established from time to time
regarding use of the site or any networks connected to the site;
or,
·
Contains hyper-links to other sites that contain content that
falls within the descriptions set forth above.
The Owner reserves
the right to monitor use of the Site to determine compliance
with these Terms of Use, as well the right to remove or refuse
any information for any reason. Notwithstanding these rights,
you remain solely responsible for the content of your
submissions. You acknowledge and agree that neither the Owner
nor any third party that provides Content to the Owner will
assume or have any liability for any action or inaction by the
Owner or such third party with respect to any submission.
Security
Any passwords used
for the Site are for individual use only. You will be completely
and totally responsible for the security of your password. The
Owner will be entitled to monitor your password and, at its
discretion, require you to change it. If you use a password
that the Owner considers insecure, the Owner will be entitled to
require the password to be changed and/or terminate your
account.
You are prohibited
from using any services or facilities provided in connection
with the Site to compromise security and/or tamper with system
resources and/or accounts. The use or distribution of tools
designed for compromising security (e.g., password guessing
programs, cracking tools or network probing tools) is strictly
prohibited. If you become involved in any violation of system
security, the Owner reserves the right to release your details
to system administrators at other sites in order to assist them
in resolving security incidents. The Owner reserves the right
to investigate suspected violations of these Terms of Use.
The Owner reserves
the right to fully cooperate with any law enforcement
authorities or court order requesting or directing the Owner to
disclose the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that are
believed to violate these Terms of Use. BY ACCEPTING THIS
AGREEMENT, YOU WAIVE AND HOLD HARMLESS THE OWNER, ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OFFICIALS, CONTRACTORS
AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY
THE OWNER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR
FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER THE OWNER OR LAW ENFORCEMENT AUTHORITIES.
Credit Card Usage
The Site permits you to use a
credit card to place an order to purchase materials and products
for a fee. By placing an order on the Site, you agree to pay
the Owner all amounts accrued in your account, including, but
not limited to sales, tax and shipping and handling charges,
when due. Your ability to purchase materials and products is
subject to limits established by the Owner and/or your credit
card issuer. The Owner shall bill your credit card at the time
material is ordered and at any other time the Owner sees fit and
appropriate to do so. The Owner reserves the right, in its sole
discretion, and without prior notice, to decline service to or
terminate your Site account without notice. The Owner also
reserves the right, in its sole discretion, and without prior
notice, to limit the order quantity on any material or product
and/or to refuse service to any customer.
Termination of
Service
The Owner may alter, change,
suspend or discontinue any aspect of the Site at any time,
including the availability of any Site feature, database or
content. The Owner may also impose limits on certain features
and services or restrict your access to parts or the entire Site
without notice or liability at any time in the Owner's exclusive
discretion, without prejudice to any legal or equitable remedies
available to the Owner, for any reason or purpose, including,
but not limited to, conduct that the Owner believes violates
these Terms of Use or other policies or guidelines posted on the
Site or conduct which the Owner believes is harmful to other
customers, to the Owner's business, or to other information
providers. Upon any termination of this agreement, you will
immediately discontinue your use and access of the Site and
destroy all materials obtained from it.
Waiver
The Owner’s
failure to enforce strict performance of any provision of these
Terms of Use will not constitute a waiver of the Owner’s right
to subsequently enforce such a provision or any other provision
of these Terms of Use nor will any delay or omission on the part
of the Owner to exercise or take advantage of any right or
remedy that the Owner has or may have hereunder operate as a
waiver of any right or remedy.
Acts of God
The Owner shall be
excused from its obligations for any period to the extent that
the Owner is prevented from performing, in whole or in part, its
obligations under these Terms of Use, as a result of any acts of
God, any action(s), regulation(s), order(s) or request(s) by any
governmental or quasi-governmental entity (whether or not the
action(s), regulations(s), order(s), or request(s) prove(s) to
be invalid), Internet failure, equipment failure, earthquake,
war, fire, flood, explosion, unusually severe weather,
hurricane, embargo, labor dispute or strike (whether legal or
illegal) labor or material shortage, transportation interruption
of any kind, work slow-down, civil disturbance, insurrection,
riot, foreign or domestic court order, third party
non-performance (including the acts or omissions of any
suppliers, agents, or subcontractors) or any other cause beyond
the Owner’s reasonable control affecting production or delivery
in any manner, including failure or fluctuations in electrical
power, heat, light, air conditioning or telecommunications
equipment or lines or other equipment, whether electronic or
otherwise.
Notices
Notices by site
owner to customers shall be given by means of electronic
messages or by a general posting on the site. Notices by
customers to site owner shall be given by electronic messages
unless otherwise specified in the agreement. All questions,
complaints, or notices to site owner by means of electronic
message must be sent to PROVIDE E-MAIL ADDRESS.
This will be the only acceptable form of communications.
Miscellaneous
These Terms of Use
will be governed and interpreted pursuant to the laws of the
State of California, United States of America, notwithstanding
any principles of conflicts of law. You specifically consent to
personal jurisdiction in the State of California in
connection with any dispute between you and the Owner arising
out of these Terms of Use or pertaining to the subject matter
hereof. The parties to these Terms of Use each agree that the
exclusive venue for any dispute between the parties arising out
of these Terms of Use or pertaining to the subject matter of
these Terms of Use will be in the state and federal courts in
California. If any part of these Terms of Use is unlawful, void
or unenforceable, that part will be deemed severable and will
not affect the validity and enforceability of any remaining
provisions. These Terms of Use constitute the entire agreement
among the parties relating to this subject matter.
Notwithstanding the foregoing, any additional terms and
conditions on the Site will govern the items to which they
pertain. The Owner may revise these Terms of Use at any time by
updating this posting.
Last updated:
September 5, 2006
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