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Terms of Use
LuxyPay.com Terms of Use
Welcome to LuxyPay.com! Please read these terms and conditions
of use carefully before using LuxyPay.com (the "site").
These terms of use govern your use of the site, which is provided
by Luxuria Productions, Inc., The owner of the site, (the "owner").
By accessing this site, you are indicating your acknowledgement of
these terms of use. These terms of use are subject to change by the
owner at anytime at the owner's sole discretion.Your use of the site
after such changes are implimented constitutes your acknowledgement
and acceptance of the changes. Please consult these terms 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.
18 U.S.C. §2257 Records Keeping Requirements Compliance Statement
All models, actors, actresses and other persons that appear in any
visual portrayal of actual or simulated sexually explicit conduct
appearing on, or otherwise contained in, this Website were over the
age of eighteen (18) years at the time the visual image was produced.
Records required by Title 18 U.S.C. §2257 are on file with the
appropriate Records Custodian.
All other visual depictions displayed on this Website are exempt
from the provision of 18 U.S.C. §2257, 2257A and/or 28 C.F.R.
75, because 1) they do not portray conduct as specifically listed
in 18 U.S.C section 2256 (2)(A) (i) through (iv), 2) they do not
portray conduct as specifically listed in 18 U.S.C. section 2257A,
3) they do not portray conduct listed in 18 U.S.C. section 2256(2)(A)(v)
produced after July 27, 2006, or 4) are otherwise exempt because
the visual depictions were created prior to July 3, 1995.
With respect to all visual depictions displayed on this website,
whether of actual sexually explicit conduct, simulated sexual conduct
or otherwise, all persons were at least 18 years of age when said
visual depictions were produced.
All records required to be maintained by federal law are in the
possession of AM Coughlin, 71 Broadway, New York, NY 10006.
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 thesSite, 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. The Owner has not reviewed any and/or all
of such sites and is not responsible for the content of those sites.
Hyper-links are to be accessed at the user's own risk and the Owner
makes no representations or warranties about the content, completeness,
legality and/or accuracy of these hyper-links or the sites hyper-linked
to the Site. 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.
Cancellation Policy
In order to cancel your subscription account, go to the the VEROTEL site and log on with your user name and password.
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.
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