Lupe Fuentes LLC
TERMS AND CONDITIONS
We are delighted that you have come here, and we hope quite sincerely that you will enjoy your visit and that you will continue to visit us again and again. We believe that this website contains some very exquisite and wonderful treasures - and we are quite proud to share them with you - hoping that you enjoy them as much as we do.
That being said, there are some legalities that circumstance requires of us to consider and handle. Yes, us, meaning both of us.
Some important cautions: This website is private property and not a public thoroughfare; we have put our blood, sweat, tears, toil and travail into the creation of its Content; we have paid for the design of this website and for the creation of the beautiful Content that it displays - and we pay a hosting company to provide a server that delivers this Content of this Website, rapidly and efficiently to you. No trespassing is allowed. Your acceptance of the following Terms and Conditions is a necessary condition precedent to your access or subscription to this website and the use of its Content and Services. The Agreement which follows protects both you and us in important ways, and without the protection it affords both of us, you cannot remain here. In order to accept the terms of this Agreement, you must be legally competent to do so, and that means that you now are at least 18 years of age. If you are younger than that age, you are not legally competent to enter into this Agreement and you must leave this website immediately without making any copy of any of its graphic or pictorial Content. If you lie to us about your age, you just may be liable to criminal prosecution for the false statement and your conduct may amount to computer trespass or theft of computer services. That could really create some uncomfortable moments for you later in life because the federal criminal justice system does not have the equivalent of juvenile court. For those over the age of eighteen, you should understand that this Agreement also contains certain warranties or promises on your part that certain things are true. If you dishonestly secure access to this website by your false representation of facts to us, you, too, do so at the risk of the crime of computer trespass or theft of computer services. Your acceptance forms a legally binding contract between us and so, accordingly, you should read it carefully before you access its Content or Services or subscribe to it. Any access or use of the Content or Services of this website without such acceptance amounts to a criminal trespass to computer services. Computer trespass is also a basis for a civil lawsuit.
A. Establishment of this Agreement
A-1. Nature and Formation, Definitions of persons and website mentioned in this Agreement. This Agreement (sometimes called "Terms of Service" in this Agreement) is made and entered into by and between Lupe Fuentes LLC (also sometimes called "I Love Lupe", "ilovelupe.com", "we" and "us" in this Agreement), and "you", a Member or Nonsubscriber, for good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged by you and by ilovelupe.com); Together, you and we are the "parties"; You become a "Member" (sometimes called a "Subscriber" here) by entering into this Agreement and by paying money for access to the Content and Services of this website; you become a "Nonsubscriber" by entering into this Agreement and by browsing exclusively in the Free Tour Area of this website. If you become a Member, your relationship with us is called a "Membership" or "Subscription" in this Agreement. "This website", as used in this Agreement, means the website whose root page is http://www.ilovelupe.com, the term includes all of the pages subordinate to it on our servers, but it excludes all external links. You will have expressed your consent, and agreement to all of the terms of this Agreement a) by clicking on the button "ENTER" I hereby ACCEPT THE FOREGOING AGREEMENT "), b) by subscribing to this website through our payment processor on the sign-up page which also incorporates this Agreement and which contains a link to it, and/or c) by accessing any of the Content or using any of the Services provided by this web site.
A-2. Your Consent to This Agreement Is Necessary to Access or Use This Website. If you do not agree to be bound by this Agreement, you may not enter this website, you must exit the website immediately, you may not use or access the website, and you may not print or download any materials from it beyond the Warning Page at ilovelupe.com/warning.html. You may use and access this website and its Content and Services only in accordance with these Terms and Conditions. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions. You agree that you are solely responsible for the cost of obtaining access to the website and you understand that such access may involve third party fees (such as Internet service provider. mobile telephone charges, or airtime charges, electricity) which are exclusively your responsibility. If you don't pay your service provider and your broadband gets turned off, please don't look to us for a refund. You also agree that you are solely responsible to provide all equipment necessary to access the website.
A-3. Changes and Modifications to this Agreement. This Agreement is subject to change by us at any time through a procedure calculated and designed to inform you of the change: If we decide to change this Agreement, when we will post a link on our Warning Page and Index Page stating "Changes to Term of Service Advisory" or words to that effect we will post the newly changed Agreement at this address: http://www.ilovelupe/pages/tc. You promise that you will always enter our website through our Warning Page (http://www.ilovelupe.com/pages/splash) or our Index Page (http://www.ilovelupe.com/pages/home) We reserve the right to change and alter our price structure, prices, and the kind of Memberships we offer at any time in our sole and absolute discretion. We agree that, if we change the prices or alter the duration of any Membership Subscription, we will do so by announcing the change on our SignUp Page and posting a notice of the changes in price on http://www.ilovelupe/pages/tc at least thirty days before any such price change takes place. You agree that this is a reasonable procedure that will reasonably and effectively communicate notices of Agreement changes to you inasmuch as we do not have your email address (the payment processor does not provide personal subscriber information to us.). You agree that if you access any of the Content use any of the Services offered by ILOVELUPE.com after we have posted an amended Agreement or changed the prices or durations of memberships as set forth above, you thereby give your agreement and consent to the newly changed Agreement and/or the price and/or duration changes mentioned, regardless of whether you actually read the changed Agreement or the other changes. If you do not wish to consent to such changes in this Agreement, you must effectively cancel your Membership though the payment processor at this link for CCBill or this link for SegPay at least 24 hours before you are next scheduled to be rebilled and you must refrain from accessing any of the Content or using any of the Services offered by this site thereafter. You specifically agree that we may charge the credit card that you used to pay for your Membership in our website at the new price if you have a Membership with recurring billing until you cancel your membership or unless this Agreement is otherwise terminated in accordance with its terms.
A-4. Duration of This Agreement. This Agreement remains in force and effect until it is modified or terminated under the terms of this Agreement. Some of your obligations to us under this Agreement do survive any change or termination of this Agreement or the termination of your Membership for any reason. When you first come to this website, you are a Nonsubscriber. Should you then subscribe to it, your status as a Nonsubscriber terminates and then, naturally, you acquire the status of a Subscriber. Should that status end, you may visit our Free Tour Area as a Nonsubscriber by entering into this Agreement or its successor Agreement, and so on without limitation.
A-5. Electronic Signature. By clicking on any button to access this website or its Content or Services, you intend such a click to operate as your electronic signature. This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). Your consent to use the E-Sign Act is limited to your manifestation of your acceptance of the terms of this Agreement (as it exists now and as it may be changed in the future under the terms of this Agreement) and any other agreement associated with your Subscription through our billing agent. You may make a paper copy of this transaction by printing a copy of this Agreement for your personal records. You have the right to withdraw your consent to use the E-Sign Act (thereby terminating this Agreement) by emailing us at the address provided for Contact Information on our root index page if you are a Nonsubscriber, or, if you are a Subscriber, by canceling your subscription with our payment processor; subject, however, to certain provisions within this Agreement that survive any termination. Any subsequent access to this website or its Contents or the use of its Services will require your renewed subsequent consent to the use of the E-Sign Act. Access to this electronic record requires a simple browser program such as Internet Explorer™, Firefox™, Chrome™, or Netscape™, all of which are available for free download, and a computer.
A-6. Consideration Supporting Our Mutual Agreement. Nonsubscribers entering into this Agreement shall receive from us free access to our Free Tour Area and a free, limited license to view, use and download the Content provided in that Area, subject to the limitations of the License provided herein, in consideration of their consent to the terms of this Agreement. Subscribers entering into this Agreement shall receive from us full access to the Content and Services of this website and a limited license to view, use, and download the Content contained in this website, subject to the limitations of the License provided herein, in consideration of their consent to the terms of this Agreement and their payment of money as further detailed on the SignUp Page, whose terms, currently in effect, are incorporated and made part of this Agreement.
B. The Nature of this Website and About its Content and Services.
B-1. "Content" Defined, Content, Copyright. The term "Content" as used in this Agreement includes, without limitation, text, code, programming, design, graphic images, photographs, video, images of any kind, and sound which our website displays, contains, makes available to Members or Nonsubscribers, or its other users, if any. You should be aware that all of this Content, except for third-party advertising or specific Content items which are attributed to another entity (which may appear from time to time), are all our property, protected by the U.S. Copyright of 1976 and several international treaties and conventions. You agree that you will make no use of any of the Content you find here except in conformity with the limited License granted to you under the terms of this Agreement. Some people claim to actually believe that copyright law does not apply to the Internet. Maybe some few people do believe that; they are, of course, wrong; but it matters not at all what they believe: The law of copyright applies to the Internet, we have lawyers (one of them wrote this Agreement for ilovelupe.com), and we will not hesitate to use them to vigorously enforce and defend our rights - in the works we have toiled so long to create - against any infringement. We will smile as we set our legal attack dogs on infringers. Those legal attack dogs will smile, too. You agree that you are personally liable to us for and you promise to fully indemnify us against any and all damages directly, indirectly, and/or consequentially resulting from your attempted or actual unauthorized downloading, uploading, publication, reproduction, transfer, distribution, performance, display, sale or duplication of our Content in, through, or on any media, merchandise, or technology. Such damages include, without limitation, loss of revenue, loss of profits, loss of opportunity, statutory damages, unfair competition, loss of business, loss of property, fines, penalties, attorney's fees, costs, and damages resulting from civil lawsuits, administrative actions, and restitution, and the costs and attorney's fees associated with any lawsuit, injunction, replevin, declaratory action, or any other action necessary or useful to protect our rights against you or any person associated with you or your conduct, in our sole and exclusive discretion. You will be amazed how much they charge if you ever find yourself in that position.
B-2. Those Who Came Before Us. Since the dawn of history, the best technology of the age has been applied to the representation, depiction, and description of sexual conduct and the narration of erotic ideation. Crude charcoal drawings persist to this day in many of the darkest reaches of the oldest caves ever used by man; when they are discovered, they call out to us with the same primal messages that inspired their creation; sculpture and fresco reached sexual themes shortly after these techniques were developed, and they persist, too, whether the curators of the ruins at Pompeii and Herculaneum wish the general public to see them or not (in Ankor Wat, they just can't be hidden by any prudish or censorious guardian of our morals) and within a decade of Guttenberg's first use of moveable type, erotic lyrics and limericks were published for the first time to a mass audience. Many of photography's first images were nudes, preserving for all time the photographer's fascination with the model who stood before him and making it possible for him to share that fascination with others. In the case of prerecorded videotape and the Internet, sexual purposes directly fueled the development and widespread deployment of these technologies through society; eroticism actually led the development and acceptance of these technologies, driving their creation and not merely facilitating the distribution of erotica in the wake of their creation for another purpose: many of the technologies necessary to stream video and to provide for secure payment were developed precisely so that erotic visions could be practically shared at the speed of light. The advent of DVDs, the ubiquity of DVD players on laptops and the technology for streaming video on mobile telephone devices all stand in testimony of man's powerful attraction to the erotic and the application of his wits, energies, and skills to make erotic visions more universally available at all times and places. The strong desire for frankly sexual video material built the structure of ubiquitous broadband Internet availability, a network built with dollars spent for the purposes of viewing erotica. The benefit to schools and libraries and hospitals and government come down a path blazed by pornographers and their customers. Little Johnny's high speed access at school is subsidized by those who built the infrastructure in order to deliver or get their porn at blazingly fast speeds: Few, if any, Internet customers have ever spent $29.95 per month for access to collected sermons and inspirational homilies. We are strongly and explicitly erotic - and we come to you down the same path that started in the darkest and most remote ages of prehistoric antiquity, became a paved road in the Classical Era, picked up speed and efficiency in the Renaissance, amounted to a highway in the Twentieth Century, and now enters your home as the Information SuperHighway.
B-3. The Nature of Our Content. This is an erotic website intended exclusively for the enjoyment adults who are passionately interested in erotic images, sounds, and videos and who may lawfully enjoy them when and where they are located. It contains only nonobscene images protected by the First Amendment to the United States Constitution. (That is our intent. Obviously, we cannot warrant or guarantee that, and elsewhere we disclaim any such warranties. Because we do not and cannot know exactly from which location you are viewing our website, and because the determination of what is obscene under American law importantly depends on the time and place of access, we require you to determine, from our description of our Content and your knowledge of the laws and prevailing, current community standards at your location, that neither your reception nor our transmission of Content is illegal. If you cannot do so, you should not be here, as elsewhere provided within this Agreement.) If you are seeking obscenity or child pornography, we are confident that you will not find them here and you should leave this website immediately. (Though, we suppose, that it is at least possible that in the most conservative American jurisdictions, and in certain theocratically governed nations on overseas shores, our Content may be deemed to be legally obscene: we do not intend for our Content to be viewed in those places, if they exist.) The execution of what you will experience here was effected with a certain elan in the direction of a particular vision. Whether we succeed in that worthy goal will remain for your judgment. That being said, this site does contain exquisitely detailed, vivid, graphic full-color, well-illuminated depictions (pictorial, video, and audio) that use every register on the organ and every instrument in the symphony to depict the full range of human creativity and dream in the expression of dynamic and powerful sexuality. You will find intercourse of every style and variation, oral sex without limitation or substantial restraint, the uninhibited and enthusiastic use of appliances and devices calculated to evoke passion, and every kind of variation in the number, gender, and combination of performers on your screen. You will find no Content depicting underage sex, sex with animals, the infliction of serious pain, the application of electricity or dangerously hot items to the human body, or bodily excretion. You will find bodily fluids depicted as they really are, not the least important of which will be the perspiration of passion, and indeed, you will find here real people with actual, palpable passion and genuine intensity. The depictions will be creative without limit, and if the mind of a topologist can imagine it, we are prepared to film it. This website is most certainly not intended for children and it may not be well-suited to highly squeamish, extremely sensitive, overly repressed adults, uncomfortable with the expression of passion in sex, either. However, healthy and well-adjusted adults who value a careful, balanced, restrained and nuanced approach to exposition, who appreciate the value of masterful technique in multimedia art, and who possess a healthy respect for the power of sexual lust will find much to satisfy themselves here.
B-4. Your Interest and Aims. You agree that the representations that you provide to us here are material terms of this Agreement going to its essence. That means that we have no Agreement between us if the following representations on your part are not true. You affirm to us that your representations to us, as follows, are made to us without any purpose of deception or evasion of the truth. Your lawful access to any part of this website with our permission is conditioned on your affirmation to us of the representations which follow, and without such affirmation, we deny you permission to access any part of this website; any subsequent access to it on your part is an unlawful trespass to our computer systems. Consider this the equivalent of a "No Trespassing" sign on fenced virtual land in the digital age. You represent to us, first, that you are an adult, at least eighteen years of age with the capacity to enter into a contract, and that if you access this website from a jurisdiction in which a greater age is established as the minimum lawful age at which another may lawfully provide you with access to hard core, graphic depictions of human sexual conduct and/or to have lawful competence to enter into a binding contract of this nature, that you have also attained each such age. You also represent to us, second, that you are not looking to find child pornography or legally obscene materials in or on our website nor to find any information about illegal activities of any kind or nature. You represent to us, third, that your sole and exclusive purposes in viewing our website are personal and not professional or official, for reasons only of personal recreation, education, amusement, and/or stimulation; you specifically disclaim to us any journalistic or investigative motivation or purpose; you specifically disclaim to us that your access is made for the benefit of, at the request of, or on behalf of any other person, or any business entity, organization, agency, bureau, authority, department, commission, force, or government; and you specifically disclaim that, in your access to our website, you are acting as the agent, servant, employee, attorney, partner, officer, or director of any other person, entity, or government. If you cannot affirm to these representations but nevertheless wish to have access to our website, you are invited to contact us via email at the email address provided on this website's Contact Information Page in order to express your request to us, but you must refrain from any attempt at access to our website and its Content until or unless you have subsequently been granted our special permission for such access which may be granted or denied in our sole and exclusive discretion, and perhaps with special terms and conditions of our selection. You represent to us, fourth, that, having been apprised of the graphic nature of our Content in some rather vivid detail, that you wholeheartedly and willingly endorse and approve of the publication and receipt of such Content, and, in good faith, and exclusively for the purposes mentioned above, you desire to see, hear, and enjoy our Content just as it has been described to you. You represent to us, fifth, that you have investigated into the laws of the place at which you intend to access the Content of our website with respect to depictions and descriptions of graphic sexual expression as they are herein described, and that you have also investigated into the state of any relevant contemporary community standards regarding prurience and patent offensiveness that may form a part of any legal standard for the determination of illegal obscenity in American jurisdictions (and the laws of any foreign jurisdiction, if your access will take place there), and that, upon due, sober, and mature reflection about the results of your investigations into the relevant local laws, the relevant contemporary community standards, the nature of our Content, and the description given to you above about the nature of the Content appearing in and on this website, you believe in good faith that no crime is committed by anyone in publishing, distributing, displaying, performing or receiving works containing the kind of Content which we have described to adults in the place where you access our website.
B-5. Illegal Content. Obligation to Report. All models appearing on the website are, and were at the time when any image depicting them was created, at least 18 years of age; this website contains no child pornography. We take a strong and definite stand against child pornography and we only publish images of consenting adults for other consenting adults. You agree that, if you see any images here that you believe to depict minors engaged in sexual activity, real or simulated, within the website, you will report this to us by email immediately within 24 hours. You agree to include with your report any appropriate evidence, but in any event, including the URL at which it appeared and a record of the date and time that you observed it. All reports will immediately be investigated and appropriate action will be taken. Similarly, you agree that, should you see any Content that you believe to be obscene or otherwise illegal for us to display, transmit, publish, or distribute, you will immediately report that to us in the same manner within 24 hours. We will also investigate into these reports and immediately take any necessary corrective action. We take a strong stance against the viewing of our Content by children by denying lawful access to them, by warning them about computer trespass, by a warning page alerting them about our Content before they reach it, and by participating in programs intended to filter our Content away from computers used by children and set with protective filters that target explicit depictions and descriptions such as ours. We intend to break no laws through our website and we welcome any and all reports that might bring any inadvertent violation to our attention. We intend to enthusiastically cooperate with any law-enforcement agency investigating child pornography and other illegal conduct online should they contact us for assistance.
B-6. Trademarks. I Love Lupe is a registered TRADEMARK of Lupe Fuentes LLC in the United States and is our exclusive property. Other manufacturers' products and names referenced herein may be trademarks and/or service marks of their respective companies and are the exclusive property of any such respective owners. We clearly and unambiguously claim no rights concerning marks of any other entity which may appear on this website as incidental, fair use, parody, or unintended use of the marks. Our mark may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us or our products or services. You agree never to remove, delete, or obscure our trademark from any Content where it has been placed, whether patently visible, invisible to the normal viewer or user, or in code, metatag or metadata.
C. Your Use of Our Content.
C-1. Grant of License to Members. Subject to the other terms of this Agreement, which limit the terms of this License, we hereby grant you, as a Member, a limited, terminable, non-commercial, non-exclusive, and non-transferable license (the "License") to download, possess, store, and privately display (on one and only one computer) one and only one copy of all of the Content that appears on our website during the period in which you are a current subscriber in good standing, and which you have personally viewed; this License is limited to the geographic limits of the nation in which you downloaded such Content. The License will immediately terminate automatically if you fail to comply with the limitations described herein, or if you breach any other provision of the Agreement, or if you cease, for any reason, to be a subscriber in good standing, or if we notify you that we have terminated your License. Finally, notwithstanding any other contained term in this License and the Agreement in which it is contained, no License whatsoever is granted to any person for any use of the Content that is illegal for the Licensee in the place and at the time during which the Licensee desires to use any Content. Without limitation of the foregoing sentence, no License for any use of the Content is extended to any person under the age of 18 (or under a certain higher age, if such higher age is prescribed by local law for access to sexually explicit materials) nor to any person to show or display any Content to any other person so disqualified by law for lawful access to the Content or to whom it is illegal to show or display such Content, nor to any person for any purpose in any place where the use, possession, transfer, sale, distribution, or display of the Content would amount to a crime, including, without limitation, Obscenity.
C-2. Grant of License to Nonsubscribers. Subject to the other terms of this Agreement, which limit the terms of this License, we hereby grant you, as a Nonsubscriber, a limited, terminable, non-commercial, non-exclusive, and non-transferable license (the "License") to privately display and to temporarily retain on your computer's hard drive (installed in one and only one computer) one and only one copy of all of the Content that appears in the Free Tour area of our website during only the period only during which your visit the Free Tour Area of our website and while you are actually viewing its content live. This License extends only to one disc cache copy technically necessary for display on one and only one computer monitor and does not extend to saving or storing any Content for viewing at a later time when you are no longer viewing the Content in our Free Tour Area. The License will immediately terminate automatically when you leave our Free Tour Area, or if you fail to comply with the limitations described herein, or if you breach any other provision of the Agreement, or if we notify you that we have terminated your License. Finally, notwithstanding any other contained term in this License and the Agreement in which it is contained, no License whatsoever is granted to any person for any use of the Content that is illegal for the Licensee in the place and at the time during which the Licensee desires to use any Content. Without limitation of the foregoing sentence, no License no License for any use of the Content is extended to any person under the age of 18 (or under a certain higher age, if such certain higher age is prescribed by local law for another to lawfully provide that person with access to sexually explicit materials) nor to any person to show or display any Content to any other person so disqualified by law for lawful access to our Content or to whom it is illegal to show or display such Content, nor to any person for any purpose in any place where the use, possession, transfer, sale, distribution, or display of the Content would amount to a crime, including, without limitation, Obscenity.
C-3. Limitations on License. Protection of Our Rights. Investigation and Co-operation. Your Liability for Breach of This Agreement. Lawsuits for Breach of This Agreement. You agree that you may make no use of the Content unless it is expressly authorized herein or unless it is authorized by a separate express written authorization from us. You agree that you may use the Content only in accordance with the Agreement, only on one computer at a time, and if our website makes downloadable copies of the Content available, you, as a Member, may make only a single copy of such Content for your personal use and enjoyment. You also agree that you will never use our content in violation of the following agreements:
C-3 (a) You promise us that you will not permit the Content to be accessed, viewed, downloaded, used by, transmitted, broadcast, or otherwise distributed or disseminated to any other person or entity. You promise that will not edit, duplicate, reproduce, republish, sell, lease, for frame any of our Content. You promise that you will not transmit, distribute, lend, display, or perform the Content or any part of it, in isolation or in combination with any other material of any kind, to or for any other person, entrust its possession to any other person, nor sell, transfer, distribute, to any other person or entity, any storage medium that contains any copy of our Content or any part of it. You promise that you will not view any part of our website on any computer that is not your personal property under your sole and exclusive possession.
C-3 (b) You understand that the Content contained in our Member's Area is intended for your personal, exclusive, noncommercial use and you specially promise that you will not, through your deliberate act or your negligence, directly or indirectly, cause or enable anyone under the age of eighteen (18) years or the local age of full majority, if higher, to access, view, download, receive or otherwise use the Content, nor give access to any of our Content to any person who does not desire to be exposed to it. You promise that you will not access any part of our Content on any computer whose use is shared with any person to whom it may not lawfully be distributed or displayed.
C-3 (c) You acknowledge and agree that any and all unauthorized access, viewing, performing, downloading, editing, receipt, duplication, distribution, or other use of the Content, without limitation any violation of this Section of this Agreement, and any attempt you might make to do any of these things, shall each constitute a material breach of this Agreement, intentional infringement(s) of the our trademarks, copyrights, and/or other intellectual property rights, and/or an actionable violation of other rights including, without limitation, the rights of privacy and publicity, including, without limitation, the rights of other persons who are not parties to this Agreement. You promise us that you will not cause or facilitate, directly or indirectly, any of these things, either by negligently or intentionally causing your username/password combination to be learned by any other person, nor in any other manner, of any kind, whatsoever.
C-3 (d) You agree that you will not use any robot, spider, other automatic device, or any manual process to monitor or copy our web pages or the Content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of our website.
C-3 (e) You agree to promptly and diligently co-operate in good faith with all requests made by us to investigate any violation or allegations of violation of any of the terms contained in this Agreement or any provision of law by any person and/or to verify your compliance with this Agreement including, but not limited to, issues concerning copyright infringement and violation of other intellectual property rights; you agree to promptly provide us with such documents, records, truthful information, and statements as we may reasonably request, including but not limited to your truthful written, recorded or transcribed statements under oath, and to execute such consent forms as may be necessary or convenient for us to obtain documents, records, and statements not in your actual possession, without unreasonable delay and without any compensation or claim for reimbursement exceeding your actual costs of complying with our requests. You agree that you will not incur any expense exceeding ten dollars US ($10.00 US) in order to comply with your obligations under this subparagraph without prior notice to us and your prior receipt of our prior written consent to such an expenditure. You agree that should you incur any expense outside this protocol, by so doing you waive any claim for reimbursement for your expenses in complying with our requests under this subparagraph.
C-3 (f) You understand and agree that, because we offer a repository of recorded video Content, we may easily become a target of pirates, other copyright infringers, and fraudsters of every kind. Standing alone in the public marketplace, we become a target of special interest to the dishonest, and so, in comparison with our Nonsubscriber and Member users, we are far more likely to suffer irremediable damage through the relationship that is established in this Agreement than any of our users of either class. Because of the rapid speed at which the economic value of our Content can be destroyed, it may be quite urgent for us to immediately react to copyright infringement with injunctions and other extraordinary relief and emergency discovery through the courts in order to limit the consequences of such assaults against us, conduct so potentially damaging as to be irremediable and catastrophic unless litigated promptly and effectively by a court possessing the power to immediately enforce its orders and judgments without the necessity of intermediation through any other entity or court. On the other hand, there is unlikely to be any situation in which any potential breach of this Agreement on our part would lead to your irremediable and uncompensable loss. You agree that this is all true. Because of this disparity, we reserve special rights under this Agreement that are different from the procedural rights of our Members and Nonsubscribers. You consent to the disparity created in this Agreement regarding procedural rights. You acknowledge that remedies at law may be inadequate to or practically incapable of providing us with an effective remedy that restores us in the event of your breach of this Agreement, that the consequences of many kind of breach of this Agreement may be permanently destructive and difficult or impossible to financially quantify, and you agree that we shall therefore be entitled to seek injunctive relief in the event of any such breach; this agreement is reached without prejudice to our additional right to seek all other remedies available at law or in equity. You agree to waive any order or other legal requirement that we post any bond of any kind in order to have an injunction against your misconduct or that of your privies entered by a court or to enforce it against you or anyone in privity with you. You understand that we reserve the right to proceed in any court possessing jurisdiction against you for damages, injunction, declaratory judgment, or other relief, without limitation, should you violate any of the terms of this Agreement, including but not limited to this Paragraph and the Section containing it, and we may, in our sole discretion, without limitation, terminate your membership for such a conduct and/or report your identity to any law enforcement agency, other agency of government, school, and/or any other person at all for any legitimate business purpose, without prejudice to any other right we may possess, whether contained within this Agreement or otherwise. You agree that, should we substantially prevail in any litigation brought against you for any breach of this contract, you agree that you will be liable to us for the reasonable expenses of litigation, including attorney's fees, costs, our expenses involved in investigation and in securing expert witnesses, and all other costs reasonably incurred in the investigation and litigation of your violation of the terms of this Agreement. These provisions survive the termination of this Agreement for any reason. The terms contained in this Paragraph are intended to supersede and control over any other term contained within this Agreement, including, but not limited to the provisions contained in Part J. hereof, below.
C-3 (g) You further acknowledge and agree that you are prohibited from, and you promise that you will not engage in, any of the following conduct in relation to our web site or any of the Content which appears on or in it:
C-3 (g) (1) modifying, translating, reverse engineering, decompiling, and/or disassembling the Content or any part of it or inserting any metatags or metadata to any of our Content;
C-3 (g) (2) creating derivative works based on the Content;
C-3 (g) (3) renting, leasing, or transferring any rights in the Content;
C-3 (g) (4) removing or obscuring any proprietary notices, watermarks, protective codes or scripts or labels on the Content;
C-3 (g) (5) storing or saving any of our Content for use after you leave our Free Tour Area if you are a Nonsubscriber;
C-3 (g) (6) retaining stored or saved copies of any of our Content or any part of it on any computer, server, or medium, local or remote, after your Membership terminates;
C-3 (g) (7) circumventing any encryption or other security tools used anywhere on our website (including the theft of Usernames and Passwords or using another person's Username and Password or a fictitious Username and Password in order to gain access to the Member's Area of our website) and
C-3 (g) (8) making or attempting to make any other use of the Content, other than as specifically and expressly permitted to you in this Agreement or as otherwise expressly permitted by us, to you, in writing.
D. Your Password, Duty to Notify Us of Changes, and Privacy.
D-1 Password. When you pay for a Membership in our website, you will select or will be assigned a unique Username/Password combination for your exclusive use in obtaining access to our website. We reserve the right to disallow the use of any part of such a combination in our sole and absolute discretion. You agree that you will not employ and such combination that simulates the identity of any other person. You agree that this unique Username/Password combination remains our property at all time and amounts to our business secret. You agree that you will not publish or distribute or share this Username/Password combination with any other person, nor through oversight or negligence, allow any other person to learn it. You agree that you will not permit any other person (not even your spouse, Significant Other, or BFF!) to gain access to it. You agree that your subscription entitles you and only you to use the Services provided to you at registration, and that no right or privilege or access granted to you concerning the Service can be sold, assigned, leased, given, rented, or transferred by you to any other person (or published or distributed) without our prior consent in writing. You agree to completely log off our website when you end your use of it and you agree to defend and indemnify us against any liability, loss, or damages ensuing from the access of any other person to the Content of our website ensuing from your failure to do so.
D-2. Duty to Notify. You agree to promptly inform us or our billing agent of the following, within 24 hours: (a) changes in the expiration date of any credit card used in connection with our website; (b) changes in your credit card billing address; and (c) known or suspected breaches of security, such as loss, theft, or unauthorized disclosure or use of a Username/Password, and/or credit card information. If you have reason to believe that your account has been compromised, please promptly contact us at firstname.lastname@example.org or our CCBill billing agent at email@example.com. Until we or our billing agent is notified of a breach in security, you will remain liable for any use of your username/password combination and any use of our website.
E. Matters Financial.
E-1. Nonsubscribers. When you use our website, gaining entry into our Free Tour area, as a Nonsubscriber you agree to the terms of this Agreement, but you do not agree to pay us any Membership subscription fee. The terms of this Agreement remain in effect until it has been terminated in conformity with its provisions. Some of its provisions survive the termination of this Agreement.
E-2. Use of Credit Cards. You represent and warrant to us that you are authorized to charge transactions on the credit card that you used or that you will use to purchase your Membership subscription, and that with respect to recurring payments thereafter made to continue your Membership, you represent that, at any time in the future that you will use any credit card to pay us or our billing services agent for any Membership subscription charges, you will be authorized, at that time, to charge transactions with that credit card. We reserve the right to contract with one or more third parties (each called a "Billing Agent" herein) to process all payments. Our Billing Agent may take any action that we could properly take ourselves under this Agreement. Such Billing Agent may impose additional terms and conditions governing payment processing and without your consent to the terms of the contract they may require, you cannot enter into this Agreement with us as a Member; executing an agreement with our Billing Agent in the form it may require, is a necessary condition precedent to the formation of this Agreement, the Agreement between you and us. Your account will be deemed past due if it is not paid in full by the payment due date as determined by the date upon which you sign-up for Membership and the particular kind of Membership you selected. We may, of course, terminate your access to our content if you fail to pay the charges listed on our sign-up page when they become due. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge back fees, and attorneys fees. Your credit card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing us for all credit card charge backs, dishonored checks and any related charges, including, but not limited to the costs of collection. You hereby authorize us and/or one of our authorized Billing Agents to process the transactions necessary to initiate and maintain subscriptions on your behalf, in other words, to charge your credit card(s) in conformity with the terms of this Agreement. 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 accurate charge that you authorized and that you will initiate no dispute unless you believe it to be true in good faith. You agree that that we may sue you and take any other lawful collection action should you defraud us in any matter concerning billing and charges, or should you fail to pay your Membership subscription charges or any other liability imposed upon you under this Agreement as they are incurred. You also agree that, should we substantially prevail in any such litigation against you, we shall have the right to recover from you our reasonable attorney's fees and court costs associated with such litigation. The terms contained in this Paragraph are intended to supersede and control over any other term contained within this Agreement, including, but not limited to the provisions contained in Part J. hereof, below.
E-3. Membership Subscription Charges. This Agreement adopts and incorporates the schedule of Membership subscription prices, the description(s) of the duration of the Membership Subscription Period(s), and any description of Membership benefits, as they are published and described in our SignUp Page at the time that you enter into this Agreement, and as they may thereafter be changed in conformity with the terms of this Agreement.
E-4. Normal Recurring Billing. All of our Memberships anticipate continuing Membership and the rebilling of the costs associated with continuing Membership until or unless you effectively cancel your Membership or until this Agreement otherwise terminates in accordance with its provisions. You authorize us to charge you for your initial Membership Subscription Period and thereafter, periodically, on a recurring basis indefinitely, to charge the same credit card(or upon any other credit card about which you subsequently inform us), by means of automatic credit card rebilling, at the normal rate for periodic Membership of the same duration and category (if any) then published on our SignUp Page (even if such normal rate has been increased from the currently published normal rate in conformity with the terms of this Agreement), and to do so again on a periodic and recurring basis indefinitely when the duration of each subsequent Membership subscription period expires, until or unless this Agreement has earlier been canceled or terminated pursuant to it provisions. Should you subscribe for Membership for a certain period of time which renews at the end of that period to cause recurring billing, and should such a duration of periodic membership be categorically discontinued by us, then, at the end of the last period for which you have paid, we may convert your Membership to any other kind of periodic Membership, the normal cost of which to you will equal or lesser when computed on a cost-per-day basis, and you consent to our conversion of your Membership and our recurring credit card billing and charges on that basis.
E-5. Membership Costs Not Refundable. Taxes. You agree as follows: once purchased, the Membership subscription has no monetary value and only entitles you to use of the Services we provide during the Membership period; in addition to paying the published price for Membership, you are responsible for paying all applicable taxes in connection with the purchase of the Membership subscription.
E-6. Additional Charges. If you incur any additional charges or liabilities to us beyond those which pay for access during the duration of your Membership, you agree to pay them to us by the same credit card that you used to purchase your Membership and you authorize us to charge that credit card in order to collect all liabilities that you owe to us. All fees and charges are non-refundable.
E-7. Access Costs. You also are solely responsible for any fees or charges incurred to access the our Services through an Internet access provider or any other third party service, including but not limited to mobile telephone charges.
E-8. Fraudulent Charges, Refunds, Billing Errors.
E-8. (a) You, and not we, are responsible for paying any amounts billed to your credit card by a third party, which were not authorized by you, to the maximum extent permitted by law.
E-8. (b) If you believe that you have been erroneously billed, please notify us or our Billing Agent immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. If you have a question about a transaction on your credit card statement, please contact the appropriate Billing Agent's customer service department at its website, http://www.ccbill.com for CCBill or call them at 800.6123.4500, or this link for SegPay. Billing Agents manage the credit and refund policy for the Service on a case-by-case basis. Our Billing Agent will provide you, upon request, access to billing records that support charges for your Membership. Additionally, you can also contact us directly regarding a refund by clicking the "Support" tab on our website and following the on screen instructions.
E-9. Cancellation. You may cancel your Membership subscription at any time. You may do so by following the procedures for cancellation set out on our Billing Agent's web site at http://www.ccbill.com for CCBill or by calling to inform the CCBIll Billing Agent of the cancellation at 800.6123.4500, or this link for SegPay, identifying your subscription to our website, answering our Billing Agent's questions, and indicating your intention to cancel. You agree that your cancellation will be effective to preclude rebilling and to extinguish your obligation to pay that rebilling if and only if your notice of cancellation is provided to us or our billing agent at least 24 hours prior to the end of the next date set for recurring billing. You agree that if you cancel your membership later than 24 hours before the duration of your then-current Membership period, your cancellation will become effective only at the end of the duration of the next-subsequent Membership Period; in such case, your credit card will be charged and you will pay again at the normal rate for your category of Membership, for one subsequent Membership period, at the end of which, your Membership and obligation to pay periodic Membership fees to us will come to an end. You authorize us to charge your credit card in this manner. Your access to the Content of our site and your ability to use of our Services will end at midnight on the date otherwise scheduled for recurring billing, had you not cancelled your Membership, after the effective date of your cancellation. Certain provisions of this Agreement survive your cancellation and/or the termination of this Agreement for any reason.
E-10. Trial Memberships. When you subscribe by purchasing a Membership, you may, if a Trial Membership is offered, initially subscribe under a discounted or promotional plan ("Trial Membership") by which you pay a reduced price for an initial Membership subscription period, which may be shorter than a Regular Membership Subscription Period (and may be cheaper than the fee for the least expensive normal Subscription period). The purpose of a Trial Membership is to provide you with a low-cost opportunity to check out the Content on our website and to give us a foot in your door establishing you Membership in a way that will automatically continue as a regular Membership at the regular prices unless you take affirmative action to cancel your Trial Membership at least 24 hours before it is scheduled to come to an end. The duration and cost of a Trial Membership are set out on our SignUp Page, which is incorporated herein as though set out in full. Thus, it can be fairly said that you truly become a Member as much as any other Member when you sign up for a Trial Membership, but on a basis under which you can cancel early before you incur liability for a full month's Membership costs. When you subscribe under a Trial Membership plan, at the same time, you pay a low cost at the start of the Trial membership, but you also agree to pay us when your Trial Membership period reaches the end of its duration, at the normal, nondiscounted, nonpromotional, higher, price ("the Normal Rate") then published on our SignUp Page, in advance, for the next regular Membership Subscription period and to do so again on an automatic, recurring and periodic basis, charged to your credit card, when that and all subsequent regular Membership Subscription periods end, unless you have effectively cancelled your Membership or unless this Agreement has earlier been terminated in conformity with its provisions, indefinitely. You authorize us to charge your credit card in this manner, in such amounts, to make such payments. To terminate your Trial Subscription, you must do so 24 hours prior to the end of the Trial Membership period to avoid incurring charges for a normal Subscription..
E-11. Categories of Membership. We may establish and change categories of Membership, over time, in ways that may affect the duration and cost of Membership, and the particular Services which are provided for respective categories of Membership, just as any other term in this Agreement may be changed in conformity with the provisions of this Agreement, as described above. The cost of your Membership will not be increased nor will the Services provided to you be categorically decreased so as to become effective until your current Membership Subscription Period comes to an end.
E-12. Disclosure of Information. Without limitation of the foregoing or of any other term in this Agreement, you agree that we and our banks, agents, employees, customer service personnel, or Billing Agents may confirm the fact of this Membership subscription, its cost, the level of membership, and/or its inception and termination dates to anyone who may contact us or any of them with the number of any credit card which you have tendered to us and/or to our banks, agents, employees, customer support personnel, or credit card processors and that we may use any personal or financial information concerning you to collect sums owed to us or otherwise to enforce the terms of this Agreement
F. Indemnification, Defense and Release.
F-1. Indemnification and Defense. You agree that you are personally responsible for, and you agree to indemnify, defend and hold us (and any and all of our owners, operators, employees, contractors, agents and attorneys) harmless from any and all cost, expense or liability (including but not limited to any fine, forfeiture, award or judgment, costs. and/or settlement) arising or deriving, directly or indirectly, from any prosecution, claim, civil litigation, administrative action, arbitration, mediation or litigation of any character whatsoever arising in any manner whatsoever from your access to our website, your use of any password or username used by you in connection with our website, and your use of any Services provided by our website, that we and/or our owners, officers, employees, agents, and attorneys may incur as a result of your conduct. You agree that you will become personally liable and promise to fully indemnify us (and any and all of our owners, operators, employees, contractors, agents and attorneys) for any and all damages directly, indirectly, and/or consequentially resulting from your attempted or actual unauthorized downloading or other use of our Content, including, for example only and without limitation, display, performance, storage, or duplication of our Content. For the purposes of this Paragraph, 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).
F-2. How We Are To Be Defended. Your duty to defend persons under this Agreement includes the duty to reimburse the attorneys' fees, legal expense, fees, and other reasonable costs of defense though counsel of our own selection and we alone shall have the right to control our defense, even if our defense directly conflicts with your interests.
F-3. Duty to Notify. You agree that should you receive any information concerning any claim or lawsuit or the threat of either, against us or against you, on account of your use of our Services, you shall immediately inform us with all details known to you by means of the most rapid and sure means available to you. You shall not use email as the exclusive means of so informing us, but if you use it as a supplementary form of communicating this to us, you shall transmit it to firstname.lastname@example.org, using the header: "NOTICE OF CLAIM AGAINST ILOVELUPE.com".
F-4. Release. Without prejudice to or limitation of any of the foregoing or any other term or provision of this Agreement, you unconditionally release us and our owners, operators, officers, directors, employees, agents, subsidiaries, successors, attorneys, contractors, and assigns from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the operations of this website, the deletion, use, misuse or/or modification of any Content, by any person whatsoever. whether or not you have notified us of any threat, risk, or actual harm.
F-5. California Law Concerning Releases. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." THIS NOTICE IS GIVEN WITH RESPECT TO EACH RELEASE CONTAINED WITHIN THIS AGREEMENT, WHICH CONTAINS SEVERAL RELEASES.
F-6. Survival. The provisions of this Section, among others in this Agreement, survive the termination of this Agreement.
G. Disclaimer of Warranties.
G-1. YOU UNDERSTAND AND AGREE THAT THE SERVICES PROVIDED ARE LIKELY TO BE IMPERFECT. YOU AGREE TO ACCEPT THE SERVICES "AS IS" AND AS THEY ARE PROVIDED, AT YOUR OWN EXCLUSIVE RISK, WHEN THEY ARE PROVIDED, AND TO THE EXTENT THAT THEY ARE OFFERED OR FAIL TO BE OFFERED, SUBJECT TO EACH AND EVERY ISSUE, PROBLEM, IMPERFECTION, DEFECT, IRREGULARITY, DISCONTINUITY, OR FAILURE THEY MAY POSSESS. YOU AGREE YOU HAVE NO RECOURSE OR CLAIM ARISING FROM ANY OF THEIR QUALITIES, PROPERTIES, DEFECTS AND/OR FAILURES.
G-2. WE GRANT NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, BOTH OF WHICH ARE EXPRESSLY DISCLAIMED, OTHER THAN THOSE WHICH ARE IMPLIED BY LAW AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
G-3. WE DO NOT GUARANTEE OR PROMISE ANY PARTICULAR RESULTS FROM THE USE OF OUR WEBSITE, CONTENT, OR SERVICES AND DISCLAIMS ANY WARRANTY OF FITNESS FOR ANY PARTICULAR USE OR PURPOSE.
G-4. IN CONNECTION WITH THE DELIVERY OR USE OF THIS WEBSITE, ITS CONTENT, OR ANY SERVICE IT MIGHT OFFER, BY ANY PERSON, YOU WAIVE - AND WE DISCLAIM - ANY LIABILITY FOR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION: DAMAGES FOR LOSS OF USE, DATA, GOODWILL, PROFITS, OR OTHER INTANGIBLE LOSSES ARISING OUT OF THE USE OF, OR INABILITY TO USE, ILOVELUPE.COM OR THE CONTENTS OR SERVICES THEREOF, EVEN IF ILOVELUPE.COM WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. SOME JURISDICTIONS DO NOT PERMIT A DISCLAIMER OF CONSEQUENTIAL DAMAGES; YOU SHOULD CONSULT THE LAWS OF THE RELEVANT JURISDICTION IN ORDER TO DETERMINE THE EFFICACY OF THE FOREGOING DISCLAIMER OF CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF OUR WEBSITE FOR A PERIOD OF MORE THAN SIX (6) MONTHS FROM THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
G-5. WE OFFER NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. WE ARE NOT RESPONSIBLE TO YOU FOR ANY ERROR, DELAY IN TRANSMISSION OF CONTENT OR MESSAGES, INTERRUPTION OF SERVICES, INABILITY TO ACCESS ITS CONTENT OR SERVCES, OR PROGRAM DOWNTIME BECAUSE OF TECHNICAL PROBLEMS, FAILURE OF THE INTERNET OR THE WORLDWIDE WEB, PHONE LINES (OR ANY OTHER MEANS OF TRANSMISSION) OR ANY OTHER REASON OF ANY KIND AT ALL, WHETHER LIKE THESE OR OTHERWISE. ILOVELUPE EXPRESSLY DISCLAIMS ANY LIABILITY ENSUING FROM THE TERMINATION OF ITS WEBSITE, CONTENT, OR SERVICES SHOULD IT EVER DECIDE TO DO SO IN ITS OWN SOLE AND ABSOLUTE DISCRETION, WITH OR WITHOUT NOTICE OF ANY KIND, WITH OR WITHOUT ANY REASON, AT ANY TIME EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR IN THE TERMS OF THIS AGREEMENT.
G-6. WE DO NOT GUARANTEE OR WARRANT THE COMPATIBILITY OF YOUR EQUIPMENT, COMPUTER OR SOFTWARE, (INCLUDING BUT NOT LIMITED TO, THE TYPE OF COMPUTER, COMPUTER CONFIGURATION, COMPATIBLE CODEX OR CODICES, BROWSER SOFTWARE, OTHER SOFTWARE, DIAL UP ACCOUNT, TCP/IP, WINSOCK (OR EQUIVALENT IN ANY OPERATING SYSTEM) OR ONLINE SERVICE.
G-7. YOU AGREE THAT YOU RELY ON ANY INFORMATION AND USE ANY FEATURE CONTAINED IN ANY SERVICES ONLY AT YOUR OWN PERIL, AND YOU UNDERSTAND THAT ERRORS MAY REMAIN UNDETECTED OR UNCORRECTED AT ANY TIME WHATSOEVER.
G-8. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON ITS SITE NOR USED IN THE SERVICES PROVIDED.
G-9. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY NOR IN ANY OTHER WAY LIMIT THE PROVISIONS OF SECTION. NO TERM OF THIS AGREEMENT MAY BE MODIFIED OR CHANGED EXCEPT IN A WRITING SIGNED BY US; NO ORAL REPRESENTATION OR EXTRINSIC STATEMENT OF ANY REPRESENTATIVE OF OURS IS RELIED UPON BY YOU IN ENTERING INTO THIS AGREEMENT. OUR WARRANTIES CONTAINED IN THIS AGREEMENT ARE GIVEN IN PLACE OF AND REPLACE, EXCLUDE, AND EXTINGUISH ALL AND EVERY OTHER CONDITION OR WARRANTY WHATSOEVER ON THE PART OF ILOVELUPE.COM, WRITTEN OR ORAL, WHETHER EXPRESS OR IMPLIED BY STATUTE, REGULATION, DIRECTIVE OR ANY OTHER LEGISLATIVE OR ADMINISTRATIVE ENACTMENT, COMMON LAW, TRADE USAGE, CUSTOM OR OTHERWISE TO THE FULL EXTENT PERMITTED BY LAW.
G-10. YOU SOLEY AND EXCLUSIVELY ASSUME ALL RISK AND ACCEPT ALL RESPONSIBILITY FOR YOUR OWN USE OF OUR SERVICES. YOU ALSO ACCEPT SOLE AND EXCLUSIVE RESPONSIBILITY FOR YOUR USE OF OUR SERVICES AND/OR ANY MATERIALS OR CONTENT (INCLUDING PROGRAMMING, CODE, SOFTWARE, ENCRYPTION, DATA OR OTHER INFORMATION TECHNOLOGY) OBTAINED FROM US OR AVAILABLE WITHIN THE SERVICES WE PROVIDE TO ANY PERSON. WE ARE NOT LIABLE TO YOU FOR ANY VIRUS, TROJAN HORSE, WORM, OR OTHER MALICIOUS PROGRAM OR INSTRUCTION THAT YOU MAY RECEIVE AS A RESULT OF YOUR MEMBERSHIP IN ILOVELUPE.COM OR OTHERWISE.
G-11. YOUR ACCESS TO OUR SITE, USE OF OUR CONTENT, AND YOUR USE OF ANY SERVICES WE OFFER WHICH IS IN VIOLATION OF ANY LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER OF THIS WEBSITE HAS PROVIDED OR INTENDS TO ACCESS OR USE OUR WEBSITE OR ITS CONTENTS OR SERVICES IN VIOLATION OF ANY LAW, YOUR ABILITY TO USE THE SITE WILL BE TERMINATED IMMEDIATELY. WE HEREBY DISCLAIM ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM THE CONDUCT OF ANY SUBSCRIBER OR NONSUBSCRIBER FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY LAW IN ANY MANNER THAT INVOLVES US OR OUR CONTENT OR SERVICES. YOU DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS WEBSITE. OUR WEBSITE CONTAINS MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES. YOU DO HEREBY AGREE TO INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE FROM REVIEWING SUCH MATERIAL AND WARRANT AND AGREE TO CEASE REVIEW OF THE SITE SHOULD YOU FIND IT OFFENSIVE. IF YOU ARE SEEKING SERVICES OR CONTENT THAT ARE IN VIOLATION OF ANY APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND YOU AGREE TO EXIT IT IMMEDIATELY.
G-12. DISCLAIMER OF RESPONSIBILITY FOR OUTBOUND LINKS. THE SITE CONTAINS LINKS TO OTHER RELATED INTERNET SITES, RESOURCES, AND OUR "SPONSORS". WE HAVE NOT EVALUATED THEM BEYOND A CURSORY EXAMINATION OF THEIR CONVERSION AND RETENTION RATES AND THE COMMISSIONS THEY PAY TO THOSE WHO CO-OPERATE IN THEIR ADVERTISING PROGRAMS. WE HAVE NOT EXAMINED THEIR WEBSITES AND WE POSSESS NO OPINION REGARDING THE LAWFULLNESS OF THEIR OPERATIONS. WE DO NOT ENDORSE OR RECOMMEND ANY OF THEM TO YOU, BUT INSTEAD WE MERELY PROVIDE A FORUM FOR THEIR COMPENSATED ADVERTISING. YOUR SELECTION OF AN AD BANNER OR LINK WILL REDIRECT YOU FROM THE SITE TO A THIRD PARTY WEBSITE. WE HAVE NO CONTROL OVER AND YOU AGREE THAT WE HAVE NO LIABILITY FOR ANY THIRD PARTY WEBSITES OR MATERIALS. YOU AGREE THAT TRANSACTIONS THAT OCCUR BETWEEN YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY AND ARE NOT OUR RESPONSIBILITY AND YOU RELEASE US FROM ANY AND ALL LIABILITY ARISING OR DERIVING IN ANY MANNER FROM YOU DEALINGS WITH THESE THIRD-PARTIES. WE MAKE NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH THIRD-PARTY SITES, AND WE ASSUME NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. WE ARE 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. LET THE BUYER BEWARE. YOU SHOULD CAREFULLY INVESTIGATE ANY SUCH THIRD PARTY ADVERTISER BEFORE SPENDING ANY MONEY.
H. Termination and Cancellation of the Services and Membership Subscription
H-1. No Duty to Inform You of Breaches. When your use of the Service seems to violate Agreement, we may, but do not have to, advise you of your obligations under this Agreement, and we may take any action provided for in this Agreement.
H-2. Termination. Should you violate any of the terms of this Agreement, or should we have a reasonable suspicion that you have done so, we may, in our absolute discretion, cancel your Membership, bar future subscriptions, terminate any username or password, and/or take any other action we deem fair or sensible in our sole and absolute discretion, at any time, for any reason or no reason, with or without notice. If we terminate your Membership because you breached this Agreement, your payment for the balance of your present Membership period is automatically and immediately forfeited as liquidated damages for your breach, the parties agreeing that the economic measure of your potential breaches of this Agreement are, at present, speculative, and are likely to be difficult to compute with any precision should they accrue to us. We also reserve the right to decide to terminate the operation of this website. You agree that, should we terminate the operation of our website or terminate your Membership subscription without cause, we may compensate you for the value of your remaining Membership Subscription Period in any reasonable fashion, including, but not limited to your access to another website of reasonably comparable value for the duration which remains in the current Membership subscription period. You agree that such access to a comparable website for the period remaining in your paid subscription period with our website will be the sole and exclusive compensation to which you will be entitled in the event that your access to our website and its Content is permanently terminated without any cause attributable to you before your Membership subscription period ends.
H-3. Liability Upon Termination You agree that we shall not be liable to you or any third party for any damages arising out of our termination or suspension of your access to our website or any modification or deletion of our Content. You agree that, given the uncertain and speculative nature of any economic damages that may ensue at an unknown time in the future, should the preceding sentence be determined by competent authority to be invalid, and should you possess a valid legal claim against us, the sole and exclusive compensation to which you will be entitled is the cost of one month's Membership Subscription as set on the SignUp Page in the category of Membership in which your Membership Subscription was last paid.
I. Entire Agreement and Miscellaneous Provisions.
I-1. You Read This Agreement. You acknowledge, represent and warrant that you have read these terms and conditions and agree to be bound by them (as they may be modified in accordance with the terms of this Agreement) as part of and in consideration of your ilovelupe.com membership.
I-2. Invalidity. In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included.
I-3. Headings and Integration. The headings set out before the various paragraphs of this Agreement are set out for convenience only and it is agreed that they do not limit the meaning or extent of any language found in such paragraphs. You agree that this Agreement fully and completely integrates and incorporates and recites every agreement between you and ilovelupe.com, subject to the provisions of this Agreement providing for change, and you agree that all prior discussions, agreements, or negotiations between the parties are either rescinded by mutual agreement or have been integrated into this Agreement, and that none any longer survives as a matter that is enforceable unless it has been expressly set forth in this Agreement. Neither you nor we are relying upon any warranties, representations, assurances, or inducements by the other except as expressly set forth herein.
I-4. Frustration. We will not be in breach of this Agreement for any failure or delay in performance caused by reasons beyond our reasonable control, if we makes reasonable efforts to perform. This provision is intended to be read liberally and beyond the circumstances normally described in the doctrines of Force Majeure and Frustration.
I-5. Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
I-6. Nonwaiver. Failure by either party to enforce any provision of these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other provision, and no waiver of one breach will constitute a waiver of subsequent breaches of the same or of a different nature.
I-7. No Notice or Opportunity to Cure Breach Concerning Copyright or Other Rights in Content. Should you breach any provision of this Agreement concerning our rights or the rights of any other person in our Content, whether denominated as a copyright violation, a violation of the terms of License, or in any other manner relating, for example only and not by way of limitation, to the use, display, performance, transfer, distribution, reproduction, sale, adaptation, derivative use, or storage of our Content, you shall have no right to notice nor any opportunity to cure such breach, because all of them bear substantial risk of being irremediable in any practical sense.
I-8. Export. You understand and acknowledge that the software elements of the Content may be subject to regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. You will not assist or participate in any such diversion or other violation of applicable U.S. laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable U.S. laws and regulations and that you will abide by such laws and regulations.
I-9. Notices Under California Laws for Consumer Protection.
This Section applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Name of Service Provider: Lupe Fuentes LLC.
Contact Information: 4570 Van Nuys Blvd. # 373 Sherman Oaks, CA 91403
Users who wish to gain access to the members-only section of any of the Sites must be a member in good standing. Lupe Fuentes LLC posts the current membership fees for each Site prior to the registration page for each Site. Lupe Fuentes LLC reserves the right to change the membership fees at any time. Users may contact Lupe Fuentes LLC at: email@example.com in order to resolve any billing disputes or to receive further information about this website.
COMPLAINTS CALIFORNIA RESIDENTS
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
J. Governing Law
J-1. Choice of Law, Exclusive Jurisdiction. You further acknowledge and agree that this Agreement shall be construed enforced under and pursuant to the laws of the STATE OF CALIFORNIA (excepting and disregarding only its laws, decisions, and rules of law concerning choice of law).
J-2. Mandatory Arbitration. Except as may otherwise be specifically provided otherwise herein, specifically providing for the filing and maintenance of any lawsuit or other litigation in the circumstances there described, any and all disputes arising out of or related to this Agreement and/or your relationship with ilovelupe.com and/or your use of this website shall be exclusively resolved by submission to binding arbitration according to the rules for commercial arbitration of the American Arbitration Association. Without limitation, under no circumstances shall we be required to resolve any dispute involving intellectual property or the rights of performers, models, writers, or designers or programmers (whether the issue is directly a part of the claim or whether it is implicated by way of a defense or counterclaim) through arbitration. The matter shall be arbitrated and resolved by one arbitrator knowledgeable about e-commerce and Internet operations and transactions. All expenses, including the fees of the arbitrator, involved in arbitration shall be paid by the party which who brings the action. Neither party shall be entitled to attorney fees except as otherwise expressly provided in this Agreement. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of Agreement and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS. The arbitration shall take place exclusively in Los Angeles County, California.
J-3. Litigation Forum. To the extent that the terms of the foregoing arbitration provisions do not apply to you for any reason in a manner that would require us to resort exclusively to arbitration, and if we are permitted under this Agreement to proceed against you in a court of law or equity, you agree to the personal jurisdiction of the federal and state courts sitting in Los Angeles, California. You irrevocably appoint the Attorney General of California to act as your agent for the receipt and/or service of all summonses, pleading, orders and papers in connection with any such litigation. You agree that, that, should the Mandatory Arbitration clause of this Agreement not control for any reason, the sole and exclusive venue for any action to enforce, interpret or otherwise deal with the terms of this Agreement, any action arising in any way out of the rights, duties, and obligations of this Agreement, any action concerning ilovelupe.com or its services, any action concerning arising or claimed by anyone to arise from your relationship with ilovelupe.com, and any action arising out of dealings or acts by you or ilovelupe.com in connection or relation to one another, regardless of whether others may be also involved, shall be in the state and federal courts sitting County of Los Angeles, State of California. The aforementioned forum is intended by the parties to be mandatory and not permissive in nature unless arbitration is mandatory under the terms of this Agreement, thereby precluding the possibility of litigation between the parties with respect to or arising out of the Agreement in any jurisdiction, venue, or forum other than in the location specified in this paragraph.
You agree that by pressing the "Yes! You are accepting the foregoing Agreement" link below, you intend that act to have effect as your signature and to bind you by that digital signature for all purposes in law as though you had manually signed your signature to the Agreement on paper with ink. You intend, by so clicking, that each of the representations contained in this Agreement and made to us are made by you under oath and under the penalty provided in law for perjury and/or false swearing. You know and acknowledge that such an act creates a contract, the violation of which imposes a financial liability upon you. You also know that in accepting this Agreement, you make a sworn statement, the knowing untruthfulness of which may result in the imposition of a criminal penalty upon you. Similarly, you agree that by each subsequent access you may have to our website or the Services ilovelupe.com may provide, including, without limitation, your use of a username/password assigned by it to you, you intend that act also amount to your digital signature and to have the same effects and consequences as your click below in acceptance of this Agreement, as it then exists. The parties to this Agreement mutually deem this Agreement to have been reached and executed at Los Angeles, California.
YES! I ACCEPT THE FOREGOING AGREEMENT
NO, GET ME OUT OF HERE WITHOUT SIGNING THIS AGREEMENT