1.1 By accessing the materials at Websites and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
1.2 Subject to Your acceptance of the terms and conditions outlined in this Agreement, the Company agrees to grant you a limited personal non-transferable right to access the contents of abbeysorchids.com and affiliated sites operated by the Company.
1.3 This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to USERS by posting at or via hyperlink to the Websites. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
1.4 Any action on Your part to Bookmark to a page on this Websites whereby the Warning Page, the Age Verification Page, and/or the Terms of Use Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years if age or of the age of majority under the laws of Your state, province or country.
2.1 You hereby acknowledge and represent that you know and understand that the materials presented at, and/or downloadable from, the websites include explicit visual, audio, and/or textual depictions of nudity and sexual activities, including without limitation, heterosexual, bi-sexual, homosexual, and transsexual activities of an explicit sexual nature; that you are familiar with materials of this kind; that you are not offended by such materials; and that by agreeing to these
terms and conditions you are warranting to the company that you are intentionally and knowingly seeking access to such explicit sexual materials for your own personal viewing.
2.2 You further represent and warrant that your acceptance of these terms and conditions constitutes an unequivocal request on your part to receive sexually explicit material via the websites and that you have not notified any governmental agency that you do not wish to receive sexually oriented material.
2.3 You further represent, affirm and warrant that you are currently over the age of eighteen years (twenty-one (21) in places where eighteen years is not the age of majority) and are capable of lawfully entering into this agreement.
You agree, warrant and covenant to use the Websites in accordance with the following Code of Conduct and You agree and acknowledge that in our sole discretion we may, but are under no obligation to reject or delete any materials posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Websites for violating these provisions:
3.1 You will not use the Websites to engage in any form of illegal conduct, harassment or offensive behaviour, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Websites which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
3.2 You will not use the Websites to infringe the privacy rights, property rights, or other civil rights of any person;
3.3 You will not post messages or use the Websites in any way which (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law.
You acknowledge and agree that all materials contained at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company or others who have licensed or authorized use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Websites only as authorized by the Company.
4.1 You acknowledge that You understand that the Company does not authorize access to any part of the Websites in any manner contrary to the express provisions of this Agreement.
4.2 You further represent and warrant to the Company that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any materials available at the Websites in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use.
4.3 You hereby acknowledge that You understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Websites to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS below.
4.4 You hereby acknowledge and agree that the Company does not authorize access to any parts of the Websites in any manner which bypasses this Agreement. You further acknowledge and agree that You may not “bookmark” photographs or other materials inside the Websites or directly access files designated as part of the Websites except through appropriate authorization pages as specified by the Company and You further agree that You shall not attempt to do so.
4.5 You further acknowledge that You understand and agree that any unauthorized access, viewing, downloading, receipt, duplication, or other use of materials from the Websites in violation of the terms and conditions set forth herein, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other unauthorized use of materials in PROHIBITED AREAS in any manner, shall constitute intentional infringement(s) of the Company’s and potentially others’ intellectual property rights and other rights in such materials and shall further constitute a violation of Company’s trademark and other rights, including, but not limited to, rights of privacy.
All of the following areas constitute PROHIBITED AREAS from which no part of the Websites may be accessed, viewed, downloaded, or otherwise received:
5.1. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates.
5.2. All parts of every other geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Websites would constitute a violation of any law, regulation, rule or custom, including the contemporary community standards of that jurisdiction with respect to the
viewing, accessing or other use by adults of materials which consist of graphic, sexually explicit content.
You agree to be personally liable and fully indemnify the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from the Websites by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from the Websites including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
9.1 You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by Users or Advertisers through the Websites, or through any use, directly or indirectly, of the Websites. You further acknowledge and agree that the Websites does not screen any Users or Advertisers of the Websites, has no control over their actions and makes no representations or warranties concerning the character, veracity, age, health or any other attribute of Users of the Websites, including any person who places Advertisements in the Websites; You further acknowledge and agree that the Websites does not endorse, encourage, recommend or arrange communications or meetings among Users of the Websites, or any other persons, and You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy if You choose to communicate with or meet with any person with whom you have communicated through the use of the public areas or chat areas of the Websites, or through advertisements posted on the Websites.
9.2 You agree that Materials and all other services provided to You by the Company are provided on an “AS IS” basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by the Company is borne by You. Should the Materials or any other service provided by the Company prove defective and/or cause any damage to Your computer or inconvenience to You, You, and not the Company, assume the entire cost and all damages that may result from any such defects. Under no circumstances and no cause of action or legal theory, shall the Company, its suppliers, licensees, resellers, or other Users or their suppliers, licensees, resellers, or Users be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any other commercial damages resulting from any viruses, worms. Trojan Horses or other destructive software or materials, or communications by You or other users of the Websites, or from any use of Materials or from any use of the Websites whatsoever. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
9.3 Any liability of Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of viewing fee (if any) paid by or on behalf of the User to Company for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
9.4 Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through the Websites.
9.5 No warranty is made by Company regarding any information, services, Materials or products provided through or in connection with the Websites, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.
9.6 You acknowledge that use of the Websites is at Your own risk. We do not represent or endorse the accuracy of reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Websites or by a User of the Websites or any other person or entity.
10.1 You acknowledge that You understand that we are not responsible for, nor can we control, the use by others of any information which You provide to them through the Websites, or otherwise, and that You have been advised that You should use caution in selecting the personal information You provide to others through the Websites;
10.2 You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide through the Internet and Your email messages, and that You release us from any and all liability in connection with the use or misuse of such information by other parties;
10.3 You further acknowledge that You understand that we do not control the content of any information, messages, communication or other materials posted or uploaded by Users of the Websites, including without limitation all Advertisers, and that consequently You release us from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other Users of the Websites.
10.4 You further acknowledge that You understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other Users of the Websites, including without limitation all Advertisers, and that consequently You release us from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or content of any kind provided by other Users of the Websites.
10.5 You further acknowledge that You understand that we do screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Websites by third-party licensees, advertisers, or Users for electronic dissemination through the Websites. All Users of the Websites are therefore cautioned and advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Websites prior to purchasing goods and/or services described at the Websites or otherwise responding to any communication at the Websites.
10.6 Some of the content of the Websites might be accessed by You via hyperlinks which will connect You to third-parties, or to third-party Websites that may provide content to the Websites. We have no editorial control or supervision over selection or display of the content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for that content.
If the Websites enables Users to share information with other Users through the use of Chat rooms, Public Areas or other means of communication among Users, You agree and warrant that You shall not submit, publish, or display on the Websites any material which is infringing, defamatory, libelous or otherwise unlawful, or any material deemed obscene, lewd, excessively violent, harassing or otherwise objectionable. You further agree to indemnify the Company and its representatives for any claims or suits arising from Your use of this Websites in violation of this agreement and warranty.
11.1 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Websites by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Websites by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Websites which may be applicable from time to time.
11.2 Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Websites by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Websites or any applicable content guidelines adopted from time to time by the Websites, or to be otherwise unacceptable.
11.3 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Websites or Users of the Websites and that we may, in our sole discretion, terminate or suspend Your access to all or part of the Websites at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Websites at our sole discretion, and You may be referred to appropriate law enforcement agencies.
11.4 You acknowledge and agree that You are solely responsible for any information You send, display, or receive through the Websites even if a claim should arise after termination of service.
You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas which may be provided on the Websites shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Consequently, You should not use the Websites for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Websites can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
All materials included on the Websites are for the private use of authorized Users only. No other uses are intended by the Company and any other use is strictly prohibited by the Company and will constitute a violation of its limited license and authorization of use.
We reserve the right to send electronic mail to You, for the purpose of informing You of changes or additions to the Websites, or of any of our related products and services. We reserve the right to disclose information about Your usage of the Websites and demographics in forms that do not reveal Your personal identity. We do not collect, sell, trade, or give away any personal information in any way. Our site may set cookies on your computer to facilitate your navigation while on our site. These cookies are never used for any other purpose. Our sites may contain links to other sites. We are not responsible for the privacy practices, content or lawfulness of the linking sites.
You hereby grant us the right, from time to time, at our discretion to send You commercial, advertising, or informational emails at Your email address. You acknowledge that we may rely upon Your viewing of the Websites as Your permission for us to send You such emails. Furthermore, You grant us the right to continue to send You such emails until You specifically notify us that You wish us to stop sending You said emails.
The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide any kind of service to Users, or to post information at, in or on the Websites. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, fraudulent or illegal material or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in Australia or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Websites.
16.1 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability, or other consequences, foreseen or unforeseen, of all information that You submit, publish, display, disseminate, or otherwise communicate through the Websites even if a claim for damages or liability should arise after termination of service.
16.2 If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other Users who are authorized to access the Websites and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through the Websites can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s).