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Terms of
Use & Privacy Notice
Welcome!
Please read these terms and conditions of use carefully...
THESE TERMS OF USE GOVERN YOUR USE OF THE SITE, WHICH IS
PROVIDED BY AVALANCHE
SERVICES, LLC.
(AVALANCHE), THE OWNER OF THE SITE, (THE “OWNER”).
By accessing THE site, you are indicating your acknowledgment
and acceptance of these terms OF USE.
THESE
TERMS OF USE ARE SUBJECT TO CHANGE BY THE OWNER AT ANY TIME IN
ITS SOLE DISCRETION. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF
THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Age
and Legal Access Certification
By
subscribing to and entering the Site, you certify the following
information and understand that the Owner is relying on such
certification and agreement to these terms of service for
allowing entry into the site. You hereby certify under
unsworn declaration of perjury the following:
1.
That you are eighteen (18) or twenty-one (21) years of age
(whichever is applicable) or older;
2.
That you are familiar with all of the local laws in your area
affecting your legal right to access erotic or adult-oriented or
obscene materials; and,
3.
That you have the legal right to access erotic or
adult-oriented or obscene materials and the Site has the legal
right to transmit them to you; that you are requesting erotic or
adult-oriented or obscene materials for your own private
enjoyment and that you will
never share these materials with a minor or in ANY WAY
make these materials available IN ANY FORM WHATSOEVER to a
minor.
Custodian of Records
The actors, models, actresses and/or other persons that appear in any visual,
graphic, artistic, written or other depiction of actual sexually
explicit conduct appearing or otherwise contained in this
Website were over the age of eighteen (18) years at the time of
the creation of such.
All other pictures, graphics,
videos and/or other visual media displayed on this Site are
exempt from the provisions of 18 U.S.C. §2257, any
amendments thereto, and 28 C.F.R. 75, because said visual
media do not consist of depictions of conduct as specifically
listed in 18 U.S.C. §2256 (2)(i) through (iv), but are
merely depictions of non-sexually explicit nudity, or are
depictions of simulated sexual conduct,
or are depictions as set forth in 18 U.S.C. 2256 (2)(v)
created prior to July 27, 2006, and/or are otherwise exempt
because the visual depictions were created prior to July 3,
1995.
With respect to all visual or written, artistic or graphic
media, as defined above, displayed on this website, whether of
actual sexually explicit conduct, simulated sexual content
and/or otherwise, all persons in said visual depictions were at
least eighteen (18) years of age when said visual media, as
defined above, were created.
Please direct questions pertaining to content on this website
to:
Address:
Avalanche Services, LLC
7251 W. Lake Mead Blvd., Suite 300
Las Vegas, NV 89128
E-mail address:
support@cherrypimps.com
The
original records required from the primary producer of said
video and visual media and pursuant to 18 U.S.C. Section 2257
and 28 C.F.R. 75 for all materials contained in the website are
kept by the following Custodian of Records:
Address:
Avalanche Services, LLC
7251 W. Lake Mead Blvd., Suite 300
Las Vegas, NV 89128
E-mail address:
support@cherrypimps.com
Access to the Site
To
access this Site and/or some of the resources it has to offer,
you may be asked to provide certain registration details or
other information. It is a condition of your use of this
Site that all the information you provide on the Site will be
correct, current, truthful, accurate and complete. If the
Owner believes the information you have provided is not correct,
current, truthful, accurate and/or complete, the Owner has the
right to refuse you access to the Site and/or any of its
resources and to terminate or suspend your access at any time.
Restrictions on Use
You
may ONLY use the Site for purposes expressly permitted by the
Site. You may not use the Site for any other purpose,
including any commercial purpose, without the Owner’s express
prior written consent. For example, you may not (and may
not authorize any other party to) (i) co‑brand the Site, and/or
(ii) frame the Site, and/or (iii) hyper-link to the Site,
without the express prior written permission of the Owner or its
designated authorized representative. For purposes of
these Terms of Use, “co‑branding” means, but is not limited to,
display a name, logo, trademark, or other means of attribution
or identification of any party in such a manner as is reasonably
likely to give a user the impression that such other party has
the right to display, publish, or distribute the Site or content
accessible within the Site. You agree to cooperate with
the Owner in causing any unauthorized co-branding, framing or
hyper-linking immediately to cease.
Proprietary Information
The
material and content accessible from the Site, and any other
World Wide Web site owned, operated, licensed, or controlled by
the Owner (the “Content”) is the proprietary information of the
Owner or the party that provided the Content to the Owner and
the Owner or the party that provided the Content to the Owner
retains all right, title, and interest in the Content.
Accordingly, the Content shall not be copied, distributed,
republished, uploaded, posted, and/or transmitted in any manner
whatsoever, without the express prior written consent of the
Owner, except that you may print out a copy of the Content
solely for your personal use. In doing so, you may not
remove and/or alter, or cause to be removed and/or altered, any
copyright, trademark, trade name, service mark or any other
proprietary notice or legend appearing on any of the Content.
Modification or use of the Content except as expressly provided
in these Terms of Use violates the Owner’s intellectual property
rights. Neither title nor intellectual property rights are
transferred to you by access to the Site.
Hyper-Links
The
Site may be hyper-linked to other sites which are not maintained
by, or related to, the Owner. Hyper-links to such sites
are provided as a service to users and are not sponsored by or
affiliated with the Site or the Owner. Further, the
inclusion of any hyper-link to a third-party site does not
necessarily imply endorsement by the Owner of that site.
Submissions
You
hereby grant to the Owner the royalty-free, perpetual,
irrevocable, worldwide, non‑exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, perform and display all content,
remarks, suggestions, ideas, graphics, or other information
communicated to the Owner through the Site (together, the
“Submission”), and to incorporate any Submission in other works
in any form, media, or technology now known or later developed.
The Owner will not be required to treat any Submission as
confidential and may use any Submission in its business
(including without limitation, for products or advertising)
without incurring any liability for royalties or any other
consideration of any kind, and will not incur any liability as a
result of any similarities that may appear in future Owner
operations.
The
Owner is free from any and/or all legal obligation under 18
U.S.C. §2257 for Submissions placed directly on the Site and
shall not be responsible for 18 U.S.C. §2257 compliance unless
the Submission comes with all records required under 18 U.S.C.
§2257.
The
Owner will treat any personal information that you submit
through the Site in accordance with its Privacy Policy.
Privacy Policy
The Privacy Policy for the Site, incorporated
herein by this reference, also governs your use of the Site.
By accessing the Site, you are indicating your acknowledgment
and acceptance of the Privacy Policy. The Privacy Policy
is subject to change by the Owner at any time in its sole
discretion. Your use of the Site after such changes are
implemented constitutes your acknowledgment and acceptance of
the changes. Please consult the Privacy Policy regularly.
Disclaimer
You understand that the Owner cannot, WILL NOT
and does not guarantee AND/or warrant that files available for
downloading from the Internet will be free of viruses, worms,
Trojan horses AND/or other code that may manifest contaminating
or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the
reconstruction of any lost data. The Owner does not assume
any responsibility AND/or risk WHATSOEVER, IN ANY FORUM, for
your use of the Internet.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS
PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. THE OWNER DISCLAIMS ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR
NON-INFRINGEMENT. THE OWNER DOES NOT WARRANT THAT THE
FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE OWNER DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING USE, OR THE RESULT OF USE, OF
THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE.
THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS AND THE OWNER MAY OR MAY NOT MAKE CHANGES AND/OR
IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE OWNER, ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION
IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE
SITE OR ITS CONTENT. THE OWNER MAKES NO WARRANTIES THAT
YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR
OMISSIONS OR INFRINGEMENTS IN SUCH CONTENT. THE OWNER DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT’S
APPROPRIATENESS OR AUTHORIZATION FOR USE
IN ALL
COUNTRIES, STATES, PROVINCES, COUNTY, LOCALITIES OR ANY OTHER
JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE SITE, YOU DO SO
ON YOUR OWN INITIATIVE AND RISK AND ARE SOLELY, TOTALLY AND
COMPLETELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Limitation on Liability
THE
OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
OFFICIALS. CONTRACTORS AND DIRECTORS WILL NOT BE LIABLE FOR ANY
DAMAGES, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, DIRECT,
INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY,
INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN
AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF
THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE OWNER AND ITS
SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY
PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU
HAVE PAID TO THE OWNER FOR THE APPLICABLE CONTENT OR SERVICE OUT
OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify, DEFEND and hold the Owner,
its subsidiaries, affiliates, licensors, content providers,
service providers, employees, agents, officers, OFFICIALS,
directors, and contractors (the “Indemnified Parties”) harmless
from any AND ALL breachES of these Terms of Use by you,
including any use of Content other than as expressly authorized
in these Terms of Use. You agree that the Indemnified
Parties will have no liability in connection with any such
breach or unauthorized use, and you agree to indemnify any and
all resulting loss, damages, judgments, awards, costs, expenses
and attorneys’ fees of the Indemnified Parties in connection
therewith. You will also indemnify and hold the
Indemnified Parties harmless from and against any claims brought
by third parties arising out of your use of the information
accessed from the Site.
Trademarks
Trademarks, service marks and/OR logos
appearing ON OR in the Site are the property of the Owner or the
party that provided the trademarks, service marks and/OR logos
to the Owner. The Owner and any party that provided
trademarks, service marks and/OR logos to the Owner retain all
rights AND PRIVILEGES with respect to any of their respective
trademarks, service marks, and logos appearing in the Site.
Information You Provide
You
may not post, send, submit, publish or transmit, in connection
with the Site, any material that:
·
You do not have the right to post, including
proprietary material of any third party;
·
Advocates illegal activity and/or discusses an
intent to commit an illegal act;
·
Is vulgar, obscene, pornographic, or indecent;
·
Does not pertain directly to the site;
·
Threatens or abuses others, libels, defames, invades privacy,
stalks, is obscene, pornographic, racist, abusive, harassing,
threatening or offensive;
·
Seeks
to exploit or harm children by exposing them to inappropriate
content, asking for personally identifiable details or
otherwise;
· Infringes
any intellectual property or other right of any entity or
person, including violating anyone’s copyrights or trademarks or
their rights of publicity;
·
Violates any law or may be considered to violate
any law;
·
Impersonates or misrepresents your connection to
any other entity or person or otherwise manipulates headers or
identifiers to disguise the origin of the content;
·
Advertises any commercial endeavor (e.g.,
offering for sale products or services) or otherwise engages in
any commercial activity (e.g., conducting raffles or contests,
displaying sponsorship banners, and/or soliciting goods or
services), except as may be specifically authorized on the site;
· Solicits
funds, advertisers or sponsors;
·
Includes programs which contain viruses, worms
and/or trojan horses or any other computer code, files or
programs designed to interrupt, destroy and/or limit the
functionality of any computer software or hardware or
telecommunications;
·
Disrupts the normal flow of dialogue, causes a
screen to scroll faster than other users are able to type, or
otherwise acts in a way which affects the ability of other
people to engage in real time activities via the site;
·
Includes mp3 format files;
·
Amounts to a ‘pyramid’ or similar scheme;
·
Disobeys any policy or regulations established
from time to time regarding use of the site or any networks
connected to the site; or,
·
Contains hyper-links to other sites that contain
content that falls within the descriptions set forth above.
The
Owner reserves the right to monitor use of the Site to determine
compliance with these Terms of Use, as well the right to remove
or refuse any information for any reason. Notwithstanding
these rights, you remain solely responsible for the content of
your submissions. You acknowledge and agree that neither
the Owner nor any third party that provides Content to the Owner
will assume or have any liability for any action or inaction by
the Owner or such third party with respect to any submission.
Security
Any
passwords used for the Site are for individual use only. You
will be completely and totally responsible for the security of
your password. The Owner will be entitled to monitor your
password and, at its discretion, require you to change it.
If you use a password that the Owner considers insecure, the
Owner will be entitled to require the password to be changed
and/or terminate your account.
You
are prohibited from using any services or facilities provided in
connection with the Site to compromise security and/or tamper
with system resources and/or accounts. The use or distribution
of tools designed for compromising security (e.g., password
guessing programs, cracking tools or network probing tools) is
strictly prohibited. If you become involved in any violation of
system security, the Owner reserves the right to release your
details to system administrators at other sites in order to
assist them in resolving security incidents. The Owner
reserves the right to investigate suspected violations of these
Terms of Use.
The
Owner reserves the right to fully cooperate with any law
enforcement authorities or court order requesting or directing
the Owner to disclose the identity of anyone posting any e-mail
messages, or publishing or otherwise making available any
materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS THE
OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
OFFICIALS, CONTRACTORS AND DIRECTORS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY THE OWNER DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER THE OWNER OR LAW ENFORCEMENT
AUTHORITIES.
Credit Card Usage
The Site
permits you to use a credit card to place an order to purchase
materials and products for a fee. By placing an order on
the Site, you agree to pay the Owner all amounts accrued in your
account, including, but not limited to sales, tax and shipping
and handling charges, when due. Your ability to purchase
materials and products is subject to limits established by the
Owner and/or your credit card issuer. The Owner shall bill
your credit card at the time material is ordered and at any
other time the Owner sees fit and appropriate to do so.
The Owner reserves the right, in its sole discretion, and
without prior notice, to decline service to or terminate your
Site account without notice. The Owner also reserves the
right, in its sole discretion, and without prior notice, to
limit the order quantity on any material or product and/or to
refuse service to any customer.
Termination of Service
The Owner may
alter, change, suspend or discontinue any aspect of the Site at
any time, including the availability of any Site feature,
database or content. The Owner may also impose limits on
certain features and services or restrict your access to parts
or the entire Site without notice or liability at any time in
the Owner's exclusive discretion, without prejudice to any legal
or equitable remedies available to the Owner, for any reason or
purpose, including, but not limited to, conduct that the Owner
believes violates these Terms of Use or other policies or
guidelines posted on the Site or conduct which the Owner
believes is harmful to other customers, to the Owner's business,
or to other information providers. Upon any termination of
this agreement, you will immediately discontinue your use and
access of the Site and destroy all materials obtained from it.
Waiver
The Owner’s
failure to enforce strict performance of any provision of these
Terms of Use will not constitute a waiver of the Owner’s right
to subsequently enforce such a provision or any other provision
of these Terms of Use nor will any delay or omission on the part
of the Owner to exercise or take advantage of any right or
remedy that the Owner has or may have hereunder operate as a
waiver of any right or remedy.
Acts of God
The
Owner shall be excused from its obligations for any period to
the extent that the Owner is prevented from performing, in whole
or in part, its obligations under these Terms of Use, as a
result of any acts of God, any action(s), regulation(s), order(s)
or request(s) by any governmental or quasi-governmental entity
(whether or not the action(s), regulations(s), order(s), or
request(s) prove(s) to be invalid), Internet failure, equipment
failure, earthquake, war, fire, flood, explosion, unusually
severe weather, hurricane, embargo, labor dispute or strike
(whether legal or illegal) labor or material shortage,
transportation interruption of any kind, work slow-down, civil
disturbance, insurrection, riot, foreign or domestic court
order, third party non-performance (including the acts or
omissions of any suppliers, agents, or subcontractors) or any
other cause beyond the Owner’s reasonable control affecting
production or delivery in any manner, including failure or
fluctuations in electrical power, heat, light, air conditioning
or telecommunications equipment or lines or other equipment,
whether electronic or otherwise.
Notices
Notices by site owner to customers shall be given by means of
electronic messages or by a general posting on the site.
Notices by customers to site owner shall be given by electronic
messages unless otherwise specified in the agreement. All
questions, complaints, or notices to site owner by means of
electronic message must be sent to PROVIDE E-MAIL ADDRESS.
This will be the only acceptable form of communications.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to
the laws of the State of California, United States of America,
notwithstanding any principles of conflicts of law. You
specifically consent to personal jurisdiction in the State of
California in connection with any dispute between you and
the Owner arising out of these Terms of Use or pertaining to the
subject matter hereof. The parties to these Terms of Use
each agree that the exclusive venue for any dispute between the
parties arising out of these Terms of Use or pertaining to the
subject matter of these Terms of Use will be in the state and
federal courts in California. If any part of these Terms
of Use is unlawful, void or unenforceable, that part will be
deemed severable and will not affect the validity and
enforceability of any remaining provisions. These Terms of Use
constitute the entire agreement among the parties relating to
this subject matter. Notwithstanding the foregoing, any
additional terms and conditions on the Site will govern the
items to which they pertain. The Owner may revise these
Terms of Use at any time by updating this posting.
Last updated: September 5, 2006
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