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By clicking "I AGREE" below, you agree to the following terms and
conditions of use and privacy policy:
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TERMS AND CONDITIONS OF USE
Terms and Conditions of Use
BF Technology Group, LLC ("we," "us") owns and operates the AmISexy.com web
site (our "Site"), on which we provide a fun way for you to get the general
public's opinion of how you look, a way for users to meet each other, the
opportunity to view and rate how others look and various other services (our
Site and such services, collectively, our "Service"). Your use of our Service
is subject to the following Terms and Conditions of Use (these "Terms"). WE
RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED
USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY,
YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME FOR SUCH CHANGES.
1. USER CONDUCT
A. In your use of our Service, you agree to act responsibly in a manner
demonstrating the exercise of good judgment. For example and without
limitation, you agree not to: (a) violate any applicable law or regulation, (b)
infringe the rights of any third party, including without limitation,
intellectual property, privacy, publicity or contractual rights, (c) use the
information available through our Service for any unauthorized purpose, (d)
interfere with or damage our Service, including, without limitation, through
the use of viruses, cancel bots, Trojan horses, harmful code, flood pings,
denial of service attacks, packet or IP spoofing, forged routing or electronic
mail address information or similar methods or technology, (e) use our Service
to transmit, distribute, post or submit any information concerning any other
person or entity, including without limitation, photographs of others, personal
contact information or credit, debit, calling card or account numbers, (f) use
our Service in connection with the distribution of unsolicited commercial email
("Spam") or advertisements, (g) "stalk" or harass any other user of our
Service, (h) collect or store any information about any other user other than
in the course of the permitted use of our Service, (i) use our Service for any
commercial purpose whatsoever or (j) assist any third party in doing any of the
foregoing.
B. You are solely responsible for your interactions with other users of our
Service. We will not be responsible for any damage or harm resulting from your
interactions with other users of our Service. We reserve the right, but have no
obligation, to monitor interactions between you and other users of our Service
and take any other action in good faith to restrict access to or the
availability of any material that we or another user of our Service may
consider to be obscene, lewd, lascivious, filthy, excessively violent,
harassing or otherwise objectionable.
2. PRIVACY
We understand the concerns that you may have about your privacy and respect
your right to protect your personal information while online. However, our
Service is designed to allow users to post photographs and information about
themselves for public review and comment. Accordingly, by submitting your
photograph and/or any personal information, you thereby waive any privacy
expectations you have with respect to our use of your likeness or personal
information provided to us. If you do not wish to have your picture or
information about yourself viewed by or disclosed to others, do not use our
Service. We may collect certain other personal information from you that we do
not post on our Site. In most cases, we do not intentionally transfer this
information to unaffiliated third parties without your consent. However, we
reserve the right to transfer such information without your consent to prevent
an emergency, to protect or enforce our rights, to protect or enforce the
rights of a third party or in response to a court order or subpoena as
otherwise required or permitted by law. In addition, we provide this personal
information to third-party service providers who help us maintain our Service
and deliver information and services to you and other users of our Service. Our
Privacy Policy governs the AmISexy site and/or the AmISexy Service.
3. MINORS
Our Service is intended for persons 18 years or older and we will not knowingly
permit anyone under the age of 18 to use our Service. Minors or persons who
cannot legally enter into binding contracts under any applicable law shall not
use AmISexy.
This site was designed to be used and viewed solely by people who are at least
18 years of age who wish to access visual images, audio sounds, and verbal
descriptions which may be perceived as of a sexually oriented and frankly
erotic nature by some adults. Please read Section 4(B) below for what material
is allowed. Materials available within this site may include depictions that
are visually graphic in nature and portrayals of nudity or sexual acts and
should not be accessed be anyone who is not least 18 years of age, by anyone
who finds such material offensive in nature, or by anyone who simply does not
wish to be exposed to such materials. By purchasing a membership or UserId, you
are implicitly making the following statements: "I affirm and swear that as of
this moment, under penalty of Perjury, that I am at least 18 years of age. I
will not permit any persons under the age of 18 years to view or access in any
way any materials found on this website. I understand that by accessing this
website, I will be exposed to materials that may include but are not limited
to, visual images, audio sounds, and verbal descriptions of a sexually oriented
and frankly erotic nature, portrayals of nudity, and sexual acts. I affirm that
I am not offended by such materials, and that such materials are legal in my
community. I am volunteering to view, hear, and access such materials on my own
volition, and I choose to do so because I want to view/read/hear or otherwise
access such materials for my own enjoyment, information or entertainment. My
choice is a manifestation of my interest in such matters, which is healthy and
normal, and is also held by most adults in my area. I am completely familiar
with the standards held in my community, and the material I expect to access in
this site fall within these standards. In my experience, the average adult in
my community accepts the consumption of such materials by willing adults in
circumstances such as this which offer reasonable insulation from the materials
for minors and unwilling adults. Adults in my community will accept the
standards displayed within this site, and will not find any of the material
patently offensive." I agree to the terms and conditions specified by the site
linked to this page.
4. USER CONTENT
A. By submitting any content (including without limitation, your photograph) to
our Site, you hereby grant us a perpetual, worldwide, non-exclusive,
royalty-free right and license to use, reproduce, display, perform, adapt,
modify, distribute, have distributed and promote such content in any form, in
all media now known or hereinafter created, anywhere in the world, and for any
purpose.
B. You are solely responsible for any content that you submit, post or transmit
via our Service. You agree not to post or submit any content that: (a) is
libelous, defamatory or slanderous, (b) may denigrate any ethnic, racial,
sexual or religious group by stereotypical depiction or otherwise, (c) exploits
images or the likeness of individuals under 18 years of age, (d) encourages or
otherwise depicts glamorized drug use (including alcohol and cigarettes), (e)
makes use of offensive language or images, (f) characterizes violence as
acceptable, glamorous or desirable, or (g) contains any of your personal
contact information other than your email address.
C. We have no obligation to post any content that you or anyone else submits.
In addition, we may, in our sole and unfettered discretion, edit, remove or
delete any content that you post or submit.
5. THIRD PARTY CONTENT
In your use of our Service, you may access content from third parties ("Third
Party Content"), either via our Service or through links to third party web
sites. We do not control Third Party Content and make no representations or
warranties about it. You agree that by using our Service, you may be exposed to
Third Party Content that is false, offensive, indecent or otherwise
objectionable. Under no circumstances will we be liable in any way for any
Third Party Content, including, without limitation, any errors or omissions in
any Third Party Content or any loss or damage of any kind incurred as a result
of the use of any Third Party Content posted, stored or transmitted via our
Service. You agree that you must evaluate, and bear all risks associated with,
Third Party Content, including without limitation, profiles of other users of
our Service.
6. PROPRIETARY RIGHTS
A. You agree that all content and materials available on our Site are protected
by rights of publicity, copyright, trademarks, service marks, patents, trade
secrets or other proprietary rights and laws. Except as expressly authorized by
us, you agree not to sell, license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish, adapt, edit or create
derivative works from materials or content available on our Site.
Notwithstanding the above, you may use the content and materials on our Site in
the course of your normal, personal, non-commercial use of our Service.
B. You agree not to systematically retrieve data or other content or any
materials from our Site to create or compile, directly or indirectly, a
collection, compilation, database, directory or the like, whether by manual
methods, through the use of "bots" or otherwise. You agree not to use of any of
our trademarks as metatags on other web sites. You agree not to display any of
our Site in a frame (or any of our content via in-line links) without our
express written permission, which may be requested by contacting us at
information@amisexy.com. You may, however, establish ordinary links to the
homepage of our Site without our written permission.
7. USERNAME AND PASSWORD
You will select a username and password when completing the registration
process. You are solely and fully responsible for maintaining the
confidentiality of your username and password, and are solely and fully
responsible for all activities that occur under your username and password. You
agree to: (a) immediately notify us of any unauthorized use of your username
and password or any other breach of security and (b) ensure that you log off
from your account at the end of each session. We cannot and will not be liable
for any loss or damage arising from your failure to comply with this Section 7.
8. TERMINATION
You agree that we, in our sole and unfettered discretion, may terminate your
access to our Service for any reason, including, without limitation, your
breach of these Terms. You agree that any termination of your access to our
Service may be effected without prior notice, and acknowledge and agree that we
may immediately deactivate or delete any of your accounts and all related
information and files in such accounts and/or bar any further access to such
files or our Service. Further, you agree that we will not be liable to you or
any third party for any termination of your access to our Service.
9. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue, temporarily or
permanently, any portion of our Service with or without prior notice. You agree
that we will not be liable to you or to any third party for any modification or
discontinuance of our Service.
10. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) you have the full power and
authority to enter into and perform under these Terms, (b) your use our Service
will not infringe the copyright, trademark, right of publicity or any other
legal right of any third party, (c) you will comply with all applicable laws in
using our Service and in engaging in all other activities arising from,
relating to or connected with these Terms, including, without limitation,
contacting other users of our Service and (d) you own or otherwise have all
rights necessary to license the content you submit and that the posting and use
of your content by us will not infringe or violate the rights of any third
party.
11. DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR REQUIREMENTS, (B) OUR
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) ANY
INFORMATION THAT YOU MAY OBTAIN ON OUR SERVICE WILL BE ACCURATE OR RELIABLE,
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS,
(E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD
PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICE, YOU DO
SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR
ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM
US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THESE TERMS.
12. LIMITS ON LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH:
(A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY
GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY
INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR
SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER
THIRD PARTY ON OUR SERVICE OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO OR
CONNECTED WITH OUR SERVICE OR THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE
TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE
CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS
OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS
SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR
SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY
MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS
EXCEED THE SUM OF TWO HUNDRED ($200) DOLLARS.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO
YOU.
13. INDEMNITY
You agree to defend, indemnify and hold us harmless from any claim, demand,
action, damage, loss, cost or expense, including without limitation, reasonable
attorneys’ fees, incurred in connection with any suit or proceeding brought
against us arising out of your use of our Service or alleging facts or
circumstances that could constitute a breach of any provision of these Terms by
you. If you are obligated to indemnify us, we will have the right, in our sole
and unfettered discretion, to control any action or proceeding and determine
whether we wish to settle it, and if so, on what terms.
14. ARBITRATION
All disputes arising out of or relating to these Terms or your use of our
Service will be exclusively resolved under binding arbitration held in New
York, New York before and in accordance with the Rules of the American
Arbitration Association, except that we will have the right to seek injunctive
or other equitable relief in state or federal court located in New York County,
New York to enforce these terms or prevent an infringement of a third party’s
rights. In the event equitable relief is sought, each party hereby irrevocably
submits to the personal jurisdiction of such court.
15. MISCELLANEOUS
These Terms shall be interpreted in accordance with the laws of the State of
New Jersey without reference to conflict of law principles. These Terms contain
the entire understanding of the parties regarding their subject matter, and
supersede all prior and contemporaneous agreements and understandings between
the parties regarding their subject matter. No failure or delay by a party in
exercising any right, power or privilege under these Terms shall operate as a
waiver thereof. The invalidity or unenforceability of any of these Terms shall
not affect the validity or enforceability of any other of these Terms, all of
which shall remain in full force and effect.
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