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TERMS & CONDITIONS
The following terms and conditions govern your use and access
to the ILoveDutchChicks.com website, which currently includes:
(1) www.ILoveDutchChicks.com and any sub-domains; (2) (collectively,
the “Sites” or individually, a “Site”). These
Terms and Conditions also govern your membership to a Site (or
Sites) if you become a member. By accessing, using, printing or
downloading any material from any of the Sites, or becoming a
member to any one of the Sites, you agree to be bound by these
Terms and Conditions. If you do not agree to be bound by these
Terms and Conditions, you may not enter any of the Sites, you
must exit the Site immediately and you may not use or access any
of the Sites or print or download any materials from them. You
may use and access the Sites only in accordance with these Terms
and Conditions.
You are solely responsible for obtaining access to the Sites and
that access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Sites (i.e., computers,
modems, and software, including the most recent versions of Internet
browsers, applications, and plug-ins).
Adult Entertainment:
The Sites offer online entertainment services that may be deemed
adult in nature and which may contain graphic depictions and descriptions
of explicit sexual activity. You acknowledge that you are aware
of the nature of the content provided by these Sites, that you
are not offended by such content and that you access the Sites
freely, voluntarily and willingly.
Age of majority:
You represent and warrant that you are at least 18 or 21 years
of age, depending on the age of majority in your jurisdiction,
and that you have the legal capacity to enter into this agreement.
If you are not at least 18 or 21 years of age, depending on the
age of majority in your jurisdiction, you must exit the Site immediately
and may not use or access the Sites or print or download any Materials
(as defined below) from them.
No Child Pornography:
You understand that all models appearing on the Sites are, and
were at the time of all recorded images, at least 18 years of
age, and that the Sites contain no child pornography. We take
a strong and definite stand against child pornography and only
publish images of consenting adults for consenting adults. If
you see any images, real or simulated, depicting minors engaged
in sexual activity within the Sites, please report to webmaster
/ at / ILoveDutchChicks.com. Include with your report any appropriate
evidence, including the date and time. All reports will immediately
be investigated and the appropriate action will be taken. We enthusiastically
cooperate with any law-enforcement agency investigating child
pornography. If you suspect other outside websites are participating
in unlawful activities involving minors, please report them to
www.asacp.org.
Protected Speech:
You further acknowledge that the Sites contain only images protected
by the First Amendment to the United States Constitution. If you
are seeking obscenity or child pornography, please leave this
Site immediately.
Trademark Information:
ILoveDutchChicks and the ILoveDutchChicks LOGO are trademarks
and service marks of 2019p Entertainment. Other manufacturers
product and service names referenced herein may be trademarks
and service marks of their respective companies and are the exclusive
property of such respective owners. ILoveDutchChicks’ marks
may not be used publicly except with express written permission
from 2019p Entertainment, and may not be used in any manner that
is likely to cause confusion among consumers, or in any manner
that disparages or discredits ILoveDutchChicks.
Copyright:
All content included on the Sites, such as all literary works,
text, pictorial and graphical works, photographs, video and audio
clips, motion pictures and other audio visual works, video games,
music, soundtracks, button icons, streaming data, animation, images,
compilations, .MOV files, .AVI files, or any other software files
(in object code or source code format) (collectively, “Materials”)
is the property of 2019p Entertainment or its content suppliers
are protected by international copyright laws. The compilation
of all content on each Site is the exclusive property of 2019p
Entertainment and protected by international copyright laws.
Access to Site:
The Sites may contain links to other sites. Please be aware that
we are not responsible for the privacy practices of such other
sites. We encourage our users to be aware that when they leave
our Sites they should read the privacy statements of each and
every web site that collects personally identifiable information.
Restrictions on Use of Sites:
Without the express prior written authorization of 2019p Entertainment
you may not: (A) duplicate a Site or any of the Materials contained
therein (except as expressly provided above in Section VII); (B)
create derivative works based on a Site or any of the Materials
contained therein; (C) use the Sites or any of the Materials contained
therein for any commercial purpose, or for any public display
or public performance; (D) sell, rent, lease, license, sublicense,
transfer, distribute, re-transmit, time-share, use as a service
bureau or otherwise assign to any third party the Materials or
any of your rights to access and use the Materials as granted
in Section VII above; (E) remove any copyright or other proprietary
notices from the Site or any of the Materials contained therein;
(F) frame or utilize any framing techniques in connection with
the Sites or any of the Materials contained therein; (G) use any
meta-tags or any other “hidden text” using ILoveDutchChicks’
name or marks; (H) “deep-link” to any page of any of
the Sites except for the homepage, www.ILoveDutchChicks.com; (I)
circumvent any encryption or other security tools used anywhere
on the Sites (including the theft of user names and passwords,
or using another person’s user name and password in order
to gain access to a restricted area of any of the Sites); (J)
use any data mining, robots or similar data gathering and extraction
tools on the Sites; (K) decompile, reverse engineer, or disassemble
any of the software aspect of the Materials except and only to
the extent permitted by applicable law, or (L) bookmark any page
of any Site beyond the membership log-in screen.
Membership:
Registration: You may access the non-public portion of any Site
only by being a member in good standing to that Site. You may
become a member of a Site by completing an online registration
form, and paying the appropriate fee, which may be recurring in
nature. Upon submission of the online registration form, ILoveDutchChicks
or its authorized agent will process the application. In connection
with completing the online registration form, you agree to: (1)
provide true, accurate, current and complete information about
yourself as prompted by the registration form (such information
being the “Registration Data”) and (2) maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete at all times while you are a member. If you
provide any information that is untrue, inaccurate, not current
or incomplete, or ILoveDutchChicks or any of its authorized agents
have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, ILoveDutchChicks has the
right to suspend or terminate your account and refuse any and
all current or future use of the Site or Sites.
Member Account, Password and Security: As part of the registration
process, you will select a unique user name and password which
you must provide in order to gain access to the non-public portion
of a Site. You represent and warrant that you will not disclose
to any other person your unique user name and password and that
you will not provide access to any Site to anyone who is below
the age of majority in your jurisdiction. You are solely responsible
for maintaining the confidentiality of your user name and password
and are fully responsible for all activities that occur under
your user name and password. You agree to (1) immediately notify
ILoveDutchChicks of any unauthorized use of your user name and
password or any other breach of security, and (2) ensure that
you exit from your account at the end of each session.
Fees: You agree to pay all membership fees when due. ILoveDutchChicks
posts the current membership fees for each Site as part of the
registration process. ILoveDutchChicks reserves the right to change
any Site's membership fees at any time, with or without prior
notice to you. At the time of registration, you must select a
payment method. ILoveDutchChicks reserves the right to contract
with a third party to process all payments. Such third party may
impose additional terms and conditions governing payment processing.
Your account will be deemed past due if it is not paid in full
by the payment due date. If your account become 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 backs and attorneys fees. Your card issuer agreement may
contain additional terms with respect to your rights and liabilities
as a card holder. You are responsible for reimbursing ILoveDutchChicks
for all credit card charge backs, dishonored checks and any related
charges.
Billing Errors: If you believe that you have been erroneously
billed, please notify us immediately of such error.
Refund Policy: ILoveDutchChicks does not provide cash refunds.
We may, however, grant credits in the form of free monthly memberships
to resolve customer service issues. The billing system used by
ILoveDutchChicks or our authorized agents provides extensive credit
card fraud protection measures and our Sites include many features
to protect users from accidental charges. Therefore, refunds to
your credit card will be provided only under the rarest of circumstances
such as persistent technical problems originating with our equipment.
Termination:
You may cancel your membership at any time by providing: (A) our
customer service department with a notice of your intent to cancel
the membership along with your user name and password; and (B)
any outstanding fees owed for your membership. Upon our processing
of your request to cancel your membership, you will no longer
have access to the non-public areas of the Site or Sites to which
you were a member.
ILoveDutchChicks may terminate your access to a Site at any time,
with or without advance notice, if: (1) ILoveDutchChicks believes
that you have breached any material term of these Terms and Conditions,
(2) you fail to pay any amount due by the payment due date; or
(3) ILoveDutchChicks decides to cease operations or to otherwise
discontinue any of the Sites. Further, you agree that neither
ILoveDutchChicks nor any third party acting on our behalf shall
be liable to you for any termination of your membership or access
to any of the Sites. You agree that if your account is terminated
by ILoveDutchChicks, you will not attempt to re-register as a
member without prior written consent from ILoveDutchChicks.
Disclamer of Warranty:
YOU EXPRESSLY AGREE THAT USE OF ANY OF THE SITES OR ANY OF THE
MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR
OWN AND SOLE RISK. THE SITES AND ALL MATERIALS CONTAINED THEREIN
ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, OR NON-INFRINGEMENT. ILoveDutchChicks DOES NOT OPERATE
ITS AFFILIATES’ WEBSITES. ILOVEDUTCHCHICKS MAKES NO REPRESENTATIONS
OR WARRANTIES THAT THE SITES OR ANY MATERIALS CONTAINED THEREIN
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
ILOVEDUTCHCHICKS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO
THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE
SITES OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND
AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. ILOVEDUTCHCHICKS MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE SITES OR ANY TRANSACTION ENTERED INTO THROUGH THE SITES AND
IS NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION
BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
Limitation of Liability:
IN NO EVENT SHALL ILOVEDUTCHCHICKS (OR ITS LICENSORS, AGENTS,
SUPPLIERS, OR SERVICE PROVIDERS) BE LIABLE TO YOU, OR ANY OTHER
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL, FOR
ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER
SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE,
EVEN IF ILOVEDUTCHCHICKS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL ILoveDutchChicks’ MAXIMUM
TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED
THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES
FOR A PERIOD OF NO MORE THAN SIX (6) MONTHS FROM THE ACCRUAL OF
THE APPLICABLE CAUSE OR CAUSES OF ACTION.
Indemnity:
You agree to indemnify ILoveDutchChicks against any and all claims,
liabilities, and costs, including reasonable attorneys’ fees,
reasonably incurred in the defense of any claim or suit arising
out of or otherwise related to these Terms and Conditions, including
without limitation, any breach by you of this Agreement. ILoveDutchChicks
shall promptly notify you by electronic mail of any such claim
or suit, and cooperate fully (at your expense) in the defense
of such claim or suit. ILoveDutchChicks may participate in the
defense of such claim or defense at its own expense, and choose
its own legal counsel, but is not obligated to do so.
Links:
Some Web sites which are linked to the Sites are owned and operated
by third parties not associated with our Company or our Affiliates.
Because ILoveDutchChicks has no control over such sites and resources,
you acknowledge and agree that ILoveDutchChicks is not responsible
for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any content,
advertising, services, products, or other materials on or available
from such sites or resources. You further acknowledge and agree
that ILoveDutchChicks shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or in reliance on any such
third-party content, goods or services available on or through
any such site or resource. If you decide to access any such third
party sites, you do so entirely at your own risk and subject to
any terms and conditions and privacy policies posted therein.
Notice of Claimed Infringement:
ILoveDutchChicks respects the intellectual property of others,
and we ask our users to do the same. If you believe that your
work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated,
please provide ILoveDutchChicks’ Copyright Agent the following
information:
- (A) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual
property interest;
- (B) description of the copyrighted work or other intellectual
property that you claim has been infringed;
- (C) a description of where the material that you claim is infringing
is located on a Site;
- (D) your address, telephone number, and email address;
- (E) a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law;
- (F) a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you
are the copyright or intellectual property owner or authorized
to act on the copyright or intellectual property owner’s
behalf;
You may send your Notice of Claimed Infringement to:
Notice and Take Down Procedures
The Site implements the following "notice and takedown"
procedure upon receipt of any notification of claimed copyright
infringement. The Site reserves the right at any time to disable
access to, or remove any material or activity accessible on or
from any Site or any Materials claimed to be infringing or based
on facts or circumstances from which infringing activity is apparent.
It is the firm policy of the Site to terminate the account of
repeat copyright infringers, when appropriate, and the Site will
act expeditiously to remove access to all material that infringes
on another's copyright, according to the procedure set forth in
17 U.S.C. §512 of the Digital Millennium Copyright Act ("DMCA").
The Site's DMCA Notice Procedures are set forth in the preceding
paragraph. If the notice does not comply with Paragraph 19 and
§512 of the DMCA, but does comply with three requirements
for identifying sites that are infringing according to §512
of the DMCA, the Site shall attempt to contact or take other reasonable
steps to contact the complaining party to help that party comply
with the notice requirements. When the Designated Agent receives
a valid notice, the Site will expeditiously remove and/or disable
access to the infringing material and shall notify the affected
user. Then, the affected user may submit a counter-notification
to the Designated Agent containing a statement made under penalty
of perjury that the user has a good faith belief that the material
was removed because of misidentification of the material. After
the Designated Agent receives the counter-notification, it will
replace the material at issue within 10-14 days after receipt
of the counter-notification unless the Designated Agent receives
notice that a court action has been filed by the complaining party
seeking an injunction against the infringing activity. The Site
reserves the right to modify, alter or add to this policy, and
all users should regularly check back to these Terms and Conditions
to stay current on any such changes.
ILoveDutchChicks reserves the right to change the membership fees
at any time.
Contact webmaster at:
Last update: January 9, 2007
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