Party Definitions and Preliminary Terms - The operative parties referred to in this user Agreement are defined as follows:
LiveMuscleShow, together with its subsidiaries and affiliates (collectively, "LiveMuscleShow" or "Publisher") provides You access to LiveMuscleShow service-related Web websites containing information and data available via Your computer, monitor, television set and/or other compatible device ("the Websites"), subject to the terms and conditions set forth below, including all documents, policies, and guidelines incorporated therein (the "Agreement"). When first-person pronouns are used in this Agreement, (Us, We, Our, Ours, etc.) these provisions are referring to LiveMuscleShow, the Websites, or any other website that we may choose to publish in the future. Additionally, when the terms "The Website" or "Website" are used, these terms refer to any website published by us, unless a website is specifically exempt from this policy. Our Website(s) and the Services provided by Us via the Website(s), including, but not limited to the operation of the Website and the transmission of media to You (the "Services") may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website or media content owned, operated, licensed, or controlled by the Publisher (collectively, "Materials").
You, the User and/or Subscriber - As the User of this Website and/or Services, this Agreement will refer to the User as "You" or through any second-person pronouns, such as "Yours," etc. Hereinafter, the User of the Website and/or Services shall be referred to in applicable second-person pronouns. This Agreement also governs subscribers and customers of Our LiveMuscleShow service ("Subscribers"). Our Subscribers may also be referred to as customers and in second-person pronouns in this Agreement. For purposes of this Agreement, all Subscribers are Users, but not all Users are Subscribers.
What this Agreement is - This Agreement is a legal contract between you and us. You should treat it as any other legal contract by reading its provisions carefully, as they will affect your legal rights. By accessing the Website or Services in any manner, you are affirmatively agreeing to be bound by all of the terms contained in this Agreement. You may not pick and choose which terms apply to you. If you do not agree with all of the terms in this Agreement, You must cease all access and use of the Website and any other Services provided by us.
Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to you in the form of allowing you to use Our Website and Our Services. You agree that such consideration is both adequate, and that it is received upon your viewing or using any portion of any of Our Website(s) and/or Services.
Electronic Signatures / Assent Required
Nobody is authorized to access this Website or use the Services unless they have signed this Agreement. Such signature does not need to be a physical signature, since electronic acceptance of this Agreement is permitted by the Electronic Signatures in Global and National Commerce Act (E-Sign Act) and similar federal and state laws. You manifest your acceptance of this Agreement by taking any act demonstrating your assent thereto. Most likely, you have clicked or will click a button containing the words "I agree" or some similar syntax. You should understand that this has the same legal effect as you placing your physical signature on any other legal contract. If you click any link, button, or other device provided to you in any part of Our Website(s)’_interface, then you have legally agreed to all of the terms and conditions of this Agreement. Additionally, by using any of Our Website(s) or Services in any manner, including uploading Your Content to Our Website, You understand and agree that we will consider such use to be your affirmation of your complete and unconditional acceptance of all of the terms in this Agreement.
If you fail to sign this Agreement, You understand that you are an unauthorized user of the Website and Services, despite any payments made or subscriptions sold to you. No act or omission by us should be interpreted as a waiver of the requirement that you assent to this Agreement. If you fail to do so, you are still bound by the terms of this Agreement by virtue of your viewing the Website or using any portion of the Website or Our Services. However, if You fail to electronically sign this Agreement, You stipulate to and agree to pay Us $250 each time You access the Website as liquidated damages for unauthorized access and use, and You agree to pay all of Our costs and expenses, including Attorney’s monetary and costs, incurred in collecting this unauthorized access monetary from You.
If you are seeking information regarding any illegal activities, please leave this Website immediately and do not attempt to use the Services. You acknowledge that you are aware of the community standards in your community, and you will only access the content on the Website and/or use the Services if you believe that the content on the Website does not offend the community standards prevalent in your community.
You agree not to use the Services or access the Website if doing so would violate the laws of your state, province, or country.
Revisions to this User Agreement
From time to time, we may revise this Agreement. We reserve the right to do so, and you agree that we have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. To the extent any amendment of this Agreement is deemed ineffective or invalid by any court, the parties intend that the prior, effective version of this Agreement be considered valid and enforceable to the fullest extent.
We agree that if we change anything in this Agreement, We will change the "Last Modified" date at the top of this Agreement so that it is immediately obvious that we have updated the Agreement. You agree to periodically re-visit this web page, and to use the "refresh" button on your browser when doing so. You agree to note the date of the last revision to this Agreement. If the "Last Modified" date remains unchanged from the last time you reviewed this Agreement, then you may presume that nothing in the Agreement has been changed since the last time you read it. If the "Last Modified" date has changed, then you can be certain that something in the Agreement has been changed, and that you need to rereview it in order to determine how your rights and responsibilities may have been affected by the revisions.
If you fail to periodically review this Agreement to determine if any of the terms have changed, you assume all responsibility for your failure to do so and you agree that such failure amounts to your affirmative waiver of your right to review the amended terms. We are not responsible for your neglect of your legal rights.
Incorporations by Reference
Although this Agreement represents the primary terms and conditions of service for the LiveMuscleShow network of websites, additional guidelines and rules are hereby incorporated by reference. The documents which can be found on Our Website, and which are specifically incorporated by reference, and are therefore part and parcel of this Agreement are the following:
Access and Membership
Access and limited license – All Users may access certain public areas of the Website and Services. You need to provide your own access to the Internet, and any Internet access or other monetarism that you incur to access Our Website and use Our Services are your sole responsibility. This Agreement governs all public and non-public areas of the Website. Additionally, this Agreement governs your use of equipment we may provide in connection with Our Website and Services.
To access the Website or Services, You may be asked to provide certain registration details or other information. In order to verify your identity, some of this information may be personal, private or detailed. In connection with completing the online registration form, You agree to provide true, accurate, current and complete information about Yourself as prompted by the registration form (such information being the "Registration Data"); and You further agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while You are Our customer and/or a User of the Website or Services. While we use reasonable efforts to protect the personal information of others from inadvertent release or misappropriation, we are not responsible for the intentional or criminal acts of third parties such as hackers or "phishers."
You must promptly inform Us of all changes, including, but not limited to, changes in Your address and changes in Your credit card used in connection with billing and/or payment for the Website and Services, if applicable. If You provide any information that is untrue, inaccurate, not current or incomplete, or if We or any of Our authorized representatives have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Website and Services, as well as subject You to criminal and civil liability. You are responsible for any credit card charge backs, dishonored checks and any related monetary currencies that Website incurs with respect to your account. If You fail to reimburse Us for any credit card charge backs, dishonored checks, or related fees within thirty (30) days of Our initial demand for reimbursement, You agree that You will pay Us one hundred dollars ($100) in additional liquidated damages as well as any costs incurred by Us for each monetary incurred.
Termination: Without limiting other remedies, the Website may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate Your use of the Website and refuse to provide Our Services to You, with or without advance notice, if: (a) the Website believes that You have breached any material term of this Agreement or the documents it incorporates by reference; (b) We are unable to verify or substantiate any information You provide to Us; (c) We believe, in Our sole discretion, that Your actions may cause legal liability for You, Our Users or Us; or (d) if the Website decides to cease operations or to otherwise discontinue any part of the Website or Services. Further, you agree that neither the Website nor any third party acting on our behalf shall be liable to you for any termination of your access to any part of the Website
Additional provisions concerning termination and access to Our Website and Services are found elsewhere in this Agreement.
Special Considerations Regarding Minors
Age of Majority. In order to use the Website or any Services provided by the Publisher, You must have attained the age of majority in your jurisdiction. You represent and warrant 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 Website immediately and may not use or access the Website or use the Services in any manner.
You may be asked to verify your birth date as a condition of entry onto the Website, pursuant to 28 U.S.C. § 1746. Accordingly, if you provided incorrect information on the age verification page, you committed an act of perjury, this perjury was recorded, and this perjury may be used against you in any court proceeding or other tribunal of any kind.
We specifically disclaim any responsibility or liability for any misrepresentations regarding a User’s age
You represent and warrant that you will not allow any minor to access this Website or Services. Users should implement parental control protections, such as computer hardware, software, or filtering services, which may help Users to limit minors’ access to harmful material. You acknowledge that if your computer or mobile device can be accessed by a minor, that you will take all precautions to keep Our Materials from being viewed by minors. You additionally acknowledge that if you are a parent, it is your responsibility, and not ours, to keep our erotic content from being displayed to your children or wards.
In order to block access to Our Website and/or Services by minors via use of your computer system, we recommend the following:
Since a valid credit card is required to gain access to this Website, keep your credit cards out of reach of your children, and monitor their use of cards which have been given to them, also monitor your children activities and searches on the internet, as LiveMuscleShow is not responsible for children underage viewing on the internet.
In order to block access to Our Website and/or Services by minors via use of your computer system, LiveMuscleShow also recommends adult supervision & adults enforce & use parental control on computers, to prevent children under the age of 18 years from viewing sexual adult content of any kind on livemuscleshow.com.
Use the following link to review a variety of lockout and filter software: http://www.filterreview.com.
Contact us, and we will block your credit cards, IP address and email addresses from our systems, if you desire. Information on how to contact us can be found at Customer Support on the Websites.
The Websites are registered and rated by ICRA in an effort to help block access by minors to adult content. Additionally, a valid credit card is required to gain access to the Websites. As such, please keep your credit cards out of reach of your children
WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES OR ANY PEDOPHOLIAC ACTIVITY.
You understand that all depictions of all persons on this Website and in all Materials produced, provided, or published by us via the Services are of persons over the age of 18 as of the date of the production of the depiction. We take great measures to ensure that no underage models appear in any of Our Materials.
If you seek any form of child pornography (including so-called "virtual" child pornography), you must exit this Website and cease using Our Services immediately. We do not provide this kind of material and we do not tolerate those who provide this kind of material nor do we tolerate consumers of this kind of material.
In order to further our zero-tolerance policy, all Users agree that you will report any images, real or simulated, that appear to depict minors on Our Website. If you see any images or other depictions that are questionable, you agree to report these images by emailing us at email@example.com Include with Your report any appropriate evidence, including the date and time of identification. 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 http://www.asacp.org.
Images and Content
Our Website(s) and Services contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website owned, operated, licensed, or controlled by us.
You acknowledge and stipulate that all of the Materials are expressive content that is fully protected by the First Amendment to the United States Constitution.
You acknowledge and understand that some or all of the Materials on Our Website and transmitted via Our Services may be erotic in nature – and that they may contain graphic visual or textual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and textual descriptions of sexually oriented and sexually explicit activities. You acknowledge that you are aware of the nature of the Materials provided by or through the Website and that you are not offended by such Materials, and that you access the Website and Services freely, voluntarily, and willingly, and for your own personal enjoyment.
You understand that all of the information, data, text, images, audio, graphics, video, messages, or any other content on the Website or available via the Services, whether posted publicly or transmitted privately through Our Services or the services of third parties, are the sole responsibility of the party from whom the content originated. We do not control the content transmitted via Our Services, and as such we do not guarantee any accuracy, integrity, quality, or any other aspect of such posted content. You agree that by using the Website and Services covered by this Agreement, You very well may be exposed to content that you might find offensive, indecent, problematic, or otherwise objectionable. Under no circumstances will we accept liability in any way for any content for which we are not the content provider.
We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available to Our Members upon request.
Section 230 Notice: You acknowledge your responsibility to prevent minors under your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and you agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors’ access to harmful or inappropriate material. Pursuant to 47 U.S.C. §230(d), you are hereby informed that you can research such services at websites such as: www.getwise.org or http://www.child-internet-safety.com/internet_filters.php, among others. Please note that we make no representation or warranty regarding any of the products or services referenced on such websites, and we recommend that you conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Website or the content received via Our Services if your computer or mobile device can be accessed by a minor. Finally, you agree that if you are a parent or guardian of a minor child, it is your responsibility, not ours, to keep any age-restricted content on Our Website or Services from being displayed or accessed by your children or wards.
Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that we operate as the provider of an interactive computer service. Thus, we are immune from, and cannot be held responsible for, claims arising from the publication or transmission of the content of other users and third parties. We do not create such content, and we are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or a violation of privacy or publicity rights. Note, that federal law allows us to remove or block any content found to be offensive, defamatory, obscene or otherwise violation of our policies, without impacting our status as an interactive computer service. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this User Agreement between You and Us.
License to Use Your Content: Certain areas of Our Website and Services may allow you to upload, post, or otherwise transmit images, text, and other data to Us, Our Website, or Our Services ("Your Content"). With the exception of personal financial and billing information, You hereby grant to Us the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any text, images, data, video or other information and content You provide on or through this web Website or Services or which is sent to Us or others by email or other correspondence, for any purpose whatsoever. We shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by us in writing or required by law. Your Content becomes public knowledge and is not subject to any confidentiality immediately upon your posting or otherwise transmitting Your Content via Our Website or Services. We shall not be obliged to delete any such information from the Website.
You represent and warrant that you have the right to grant the license set out above.
The copyright of all content uploaded by you is retained by you. You may not upload content for which you do not own the copyrights. We have a ZERO TOLERANCE policy for piracy.
By uploading any photographs, videos or other media of Yourself or other subjects, You hereby swear that You own or control all intellectual property rights with respect to the uploaded contents; and You hereby irrevocably grant a non-exclusive right and license to Us to:
Reproduce, transmit, communicate, display, or distribute Your Content, on or as part of Our Website(s), on other Internet websites, or elsewhere via our Services, for promotional or commercial purposes, by means of any technology, whether now known or hereafter to become known;
Reproduce Your Content in digital form for display on or download from the Internet (alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, or audio segments, and hypertext links);
Adapt, modify, or alter Your Content or otherwise create derivative works based upon Your Content; and for all other reasonable promotional or commercial uses either as part of the operation of Our Website(s) or Services, or as a promotion or operation of any derivative or related businesses.
We, at our sole discretion, may remove any content uploaded to the Website. We also reserve the right, but do not assume the responsibility, to restrict conduct which we deem in our discretion to be harmful to individual members, damaging to the communities that use Our Website or Services, or may be in violation of our, or any third parties, rights.
Restrictions on Use of Our Website and Services
You agree that you will only use the Website and Services for purposes expressly permitted and contemplated by this Agreement. You may not use the Website and Services for any other purposes, including commercial purposes, without our express prior written consent.
You shall not share or borrow user identification information credentials or passwords. If you use any part of the Website(s) that require a username or password, then you are responsible for maintaining the confidentiality of that username and password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password is compromised, you should notify LiveMuscleShow immediately. LiveMuscleShow reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Websites and Your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, LiveMuscleShow may rely on the authority of anyone accessing Your account or using Your password, and in no event and under no circumstances shall LiveMuscleShow be held liable to You for any liabilities or damages resulting from or arising out of (1) any action or inaction of LiveMuscleShow under this provision, (2) any compromise of the confidentiality of Your account or password and (3) any unauthorized access to Your account or use of Your password.
Any unauthorized use of the Websites will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
You represent and warrant that that all information given to gain access to the Website and Services and/or download materials from it, including but not limited to Your identity, age and credit card numbers, is Your own.
You shall not duplicate any part of Our Website or the Materials contained therein or received via the Services (except as expressly provided elsewhere in this Agreement).
You shall not create any derivative works based on Our Website or any of the Materials contained therein or received via the Services, and you agree and stipulate that any and all derivative works are NOT "fair use."
You shall use the Material found in this Website for ENTERTAINMENT ONLY; no commercial display or reproduction of the Material is permitted under any circumstances, unless provided by separate written agreement.
You shall not use Our Website or Services, or any of the Materials contained therein, for any public display, public performance, sale or rental, and you hereby agree and stipulate that any and all such uses are NOT "fair use."
You shall not circumvent any encryption or other security tools used anywhere on the Website or in conjunction with the Services (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 the Website).
You shall not decompile, reverse engineer, modify or disassemble any of the software or hardware aspects of the Materials or Services except and only to the extent permitted by applicable law.
You agree that if you learn of any of the following, you will notify LiveMuscleShow immediately in writing:
Use of Your account to gain access to the Websites or Services by a person not permitted by law to view the Websites;
Any material on the Websites or Services that violates any other person’s copyright or other intellectual property rights;
Any material on the Websites or Services that violates any applicable law or regulation;
Any material on the Websites or Services that portrays an individual who is under the age of 18 or who has not given his or her consent to appear in the material.
Interference. Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of Our Materials or any other Materials from Our Website. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Website or Materials, and agree that you will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Website or any communications on it or received through Our Services. If you do not adhere to this provision of this Agreement, You hereby stipulate to and agree to pay liquidated damages of $10000.00 (USD United States Dollar) plus any and all monetarism associated with recovery of these damages, including attorney’s monetarism and costs.
Products and Service Descriptions and Pricing
Video Streaming. Any person wishing to subscribe to LiveMuscleShow adult streaming videos must do so via the LiveMuscleShow website. The price for the subscription and the period of the subscription shall be stated on the applicable application page of the website. The Subscriber will be obligated to provide all information which LiveMuscleShow requests for a valid credit card before a subscription application may be approved.
We reserve the right to change, add, remove, or otherwise alter the available Material in Our Service plans as well as the pricing of such plans at our sole discretion. Any such change will take effect at the beginning of your next billing cycle after our notice to you of the change. Such notice may include direct communication to you via the e-mail address you provided us during your signing-up for the Service. Notice of such modifications may also include informing you of such modifications by updating this Agreement, which you have agreed to monitor for revisions. You agree that you will keep us notified of any changes in your contact information. We are not responsible for your failure to receive any Website or Service change notification due to your failure to inform Us of Your current contact information. Your continued use of the LiveMuscleShow service constitutes your acceptance of any such modifications.
As for SMS Provisions You understand and agree that by using the Website or Services, You consent to receiving short message service mobile alerts (hereinafter "SMS Communications") sent to your wireless device from LiveMuscleShow, and/or an associated third party. You acknowledge that the SMS Communications are being offered to you as a result of your current customer relationship with LiveMuscleShow. Such communications include, but are not necessarily limited to Membership account notifications, billing concerns and Website updates associated with LiveMuscleShow. You agree that with the use of the SMS Communications, additional monetarism may be incurred based on the conditions of your mobile carrier or program and LiveMuscleShow. Is not responsible for such monetarism.
In addition to receiving specific Material via Your subscription plan, you may receive Minutes with Your subscription monetary or otherwise purchase additional Minutes of viewing time ("Minutes"). You should refer to the Website for a description of the current number of Minutes included with Your subscription plan, if any, as well as the current cost of extra Minutes should You wish to purchase them. Minutes, whether received with your subscription plan or purchased separately, have no cash value whatsoever.
We reserve the right to change how Minutes may be redeemed, including when such Minutes must be redeemed, what Material the Minutes may be used to view, the cost of Minutes, and/or whether or not to continue offering Minutes for purchase or as a part of your subscription plan. As with changes to the available Material and/or pricing, we will notify you prior to changes regarding the purchase or use of Minutes. Any such change will take effect at the beginning of your next billing cycle after our notice to you of the change. Such notice may include direct communication to you via the e-mail address you provided us during your signing-up for the Service. Notice of such modifications may also include informing you of such modifications by updating this Agreement, which you have agreed to monitor for revisions. Your use or redemption of Minutes will be governed by the restrictions concerning Minutes at the time you seek to redeem or use such Minutes.
Services & Products are completely non-refundable, and any unused services or products you have remaining upon the termination or cancellation of the Service will not have any value, monetary or otherwise, to you. You understand and agree that any unused Minutes are forfeited upon such termination or cancellation of the Service; whether by us or you.
Upon approval, the Subscriber’s credit card account on file with LiveMuscleShow will be charged automatically for the cost of service.
LiveMuscleShow and third parties offering information, products, or services on the Websites and Services will make a good effort to be as accurate as possible. However, LiveMuscleShow does not warrant that information, product, and service descriptions or other content of the Websites accuracy, complete, reliable, current, or error-free. Despite the efforts, it is possible due to computer or other errors or causes that a product or service offered on the Websites may be mispriced or may contain an inaccuracy in its description. In the event LiveMuscleShow determines discovers that a product or service is mispriced or contains inaccurate description, LiveMuscleShow reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. (This limitation applies to customers all over, worldwide.) You agree to notify LiveMuscleShow immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Websites and comply with any corrective action taken by LiveMuscleShow.
Cancellation Policy. To cancel the Subscriber’s subscription, the Subscriber must contact firstname.lastname@example.org. You must notify LiveMuscleShow within 48 hours of discovering a problem via email@example.com.
There will be no refund of any kind, from the time of signing up for and to LiveMuscleShow of any purchase placed and ordered.
Notwithstanding any of these terms and conditions, this Agreement may be terminated without notice at any time for any reason, provided that You may no longer access or use the Websites and Services after this Agreement has been terminated, and You remain responsible for subscription monetarism as set forth in the Cancellation Policy, above. Those provisions that would logically survive the termination of this Agreement shall so survive and continue to be enforceable.
No refunds are available for existing customers who convert their account service.
In order to protect LiveMuscleShow and its customers from fraudulent activity, we limit the products and services that may be ordered online by a single individual or entity. LiveMuscleShow reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
Stipulated Liquidated Damages
SIn various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against you if you violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, you acknowledge that this amount is not a penalty, which the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, you hereby agree that any breach of this Agreement shall result in liquidated damages of $100 per occurrence. You specifically agree to pay this $100 in liquidated damages.
If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, then You additionally agree that You will reimburse Us for all monetarism incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal monetarism, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that you will pay all of these monetarism and costs.
Disclaimer of Warranty
You expressly agree that use of the Website and Services, or any of the Materials contained therein is at your own and sole risk. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Website and Services or any of the Materials contained therein is done at Your own discretion and risk and 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.
The Website and Services, 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.
We make no representations or warranties that the Website and Services, or any Materials contained therein, will be uninterrupted, timely, secure, or error free; nor do we make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Website and Services or any of the materials contained therein.
We make nYou understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. We do not assume any responsibility or risk for your use of the Internet.
We make no warranty regarding any goods or services purchased or obtained through the Website and/or Services or any transaction entered into through the Website and/or Services, and we are not responsible for any use of confidential or private information by sellers or third parties. We are not responsible for any typographical errors or omissions relating to pricing, text, or photography and video.
The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person.
Disclaimer and Indemnification
The provision of any services which is in violation of any laws is strictly prohibited. If we determine that you or any User has provided or intends to purchase or provide any services in violation of any law, your ability to use the Website and Services will be terminated immediately without any reimbursement of any payment you may have made to us. We do hereby disclaim any liability for damages that may arise from any User providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold us harmless from any liability that may arise for us should You violate any law.
You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party.
LiveMuscleShow reserves the right to change any and all content contained on the Websites and Services at any time without notice. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by LiveMuscleShow. YOUR RESPONSIBILITY AND RISK: It is solely Your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Websites or on the Internet generally.
Our Website and Services contains material that may be offensive to third parties. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing such material and you agree to immediately cease review of the Website and use of the Services should you find them offensive.
You agree to defend, indemnify, and hold harmless LiveMuscleShow, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and representatives, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting monetarism, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your (or You under another person’s authority including without limitation to governmental agencies), use, misuse, or inability to use the Website, Services, or any of the Materials contained therein, or Your breach of any of this Agreement. We 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. We reserve the right to participate in the defense of such claim or defense at our own expense, and choose our own legal counsel, but are not obligated to do so.
You agree to indemnify, defend, and hold harmless LiveMuscleShow, its officers, directors, employees, representatives, licensors, suppliers, and any third-party information providers to the Websites from any and against all losses, expenses, damages, and costs, including reasonable attorneys’ monetarism, resulting from any violation of this Agreement by You, by persons to whom You have given Your user name or password, to persons whom You have allowed to view the Materials on the Websites or Services via the LiveMuscleShow services, or Your violation of any rights of a third party.
You hereby discharge, acquit, and otherwise release LiveMuscleShow, its parent company, its representatives, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of, the Website and Services including, but not limited to claims relating to the following:
Sexual Provocation or Misconduct, Negligence, Gross Carelessness or Negligence, Reckless Behavior, Alienation of Affections (to the extent recognized in any jurisdiction), Intentional Infliction of Emotional Distress, Intentional Interference with Contract or Advantageous Business Relationship, Defamation, Privacy, Publicity, Intellectual Property, Misrepresentation, any financial loss not due to the fault of the Website, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Website, unavailability of the Website, its functions and/or services and any other technical failure that may result in inaccessibility to the Website, or any claim based on Vicarious Liability for Torts committed by individuals met on or through the Website and Services, including but not limited to fraud, theft or misuse of personal information.
The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
Limitation of Liability
In no event shall We (or our licensors, representatives, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Website, Services, or any of the Materials contained therein, even if We have been advised of the probability of such damages. This is 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 We have been advised of the possibility of such damages.
In no event shall our maximum total aggregate liability hereunder for direct damages exceed the total monetarism actually paid by you for use of the Website or Services for a period of no more than one (1) month from the accrual of the applicable cause or causes of action or $10.00, whichever is greater. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, LiveMuscleShow liability is limited to the greatest extent permitted by law.
Links and Linking
Parties other than LiveMuscleShow offer and provide products and services on or through the Websites and/or the Services. Except for LiveMuscleShow-branded information, products, or services that are specifically identified as being supplied by LiveMuscleShow, LiveMuscleShow does not operate, control, or endorse any information, products, or services on the Websites or Services accessible through the Websites in any way. Except for LiveMuscleShow identified information and LiveMuscleShow-branded products or services, all information, products, and services offered through the linked websites or Internet generally are offered by third parties that are not affiliated with LiveMuscleShow. LiveMuscleShow is not responsible for examining or evaluating the content of such websites or services, and LiveMuscleShow does not warrant the offerings of, any of these businesses or individuals or the content of their Web websites. LiveMuscleShow does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.
You further acknowledge and agree that we 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 reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
Links to external web websites (including external web websites that are framed by the Website) or inclusions of advertisements do not constitute an endorsement by us of such web websites or the content, products, advertising, or other materials presented on such Website, but are for your convenience.
You hereby agree to hold us harmless from any and all damages and liability that may result from the use of links that may appear on the Website or via the Services. We reserve the right to terminate any link or linking program at any time.
Links to the Websites. You are granted a limited, nonexclusive right to create a hypertext link to the homepage of the Websites, provided such link does not portray LiveMuscleShow or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a LiveMuscleShow or other proprietary graphic or trademark of LiveMuscleShow to link to the Websites without the express written permission of LiveMuscleShow. This limited right may be revoked at any time.
Third-Party Links. LiveMuscleShow makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web websites or services accessible by hyperlink from the Websites, or third-party Web websites linking to the Websites. Such linked Web websites are not under the control of LiveMuscleShow and LiveMuscleShow is not responsible for the content of any such linked Web website or any link contained in a linked Web website, or any review, changes, or updates to such Web websites. LiveMuscleShow is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by LiveMuscleShow of the third-party Web website or any information contained therein. When leaving the LiveMuscleShow Websites, You should be aware that LiveMuscleShow terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web website.
Third-Party Financial Information. LiveMuscleShow may provide links to third-party Web websites or services that contain financial or investment information about LiveMuscleShow. Access to such thirdparty Web websites and the information contained therein is provided as a service to those interested in the information. LiveMuscleShow neither regularly monitors nor has control over the content of third parties’ statements or Web websites. Accordingly, LiveMuscleShow does not endorse or adopt these Web websites or any information contained therein, including, without limitation, analysts. Reports and stock quotes. LiveMuscleShow makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web websites or other third-party information that is identified on the Websites. Users visit these Web websites and use the information contained therein at their own risk.
LiveMuscleShow, and livemuscleshow.com are service marks and/or trademarks of the Website and Services. LiveMuscleShow, the LiveMuscleShow logo, and livemuscleshow.com are registered trademarks with the United States Patent and Trademark Office. We aggressively defend our intellectual property rights.
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, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
All of the marks, logos, domains, and trademarks that you find on the Website and Services may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.
All copyrighted and copyrightable materials on the Websites and Services, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection, arrangement, look and feel of the Websites are owned exclusively by LiveMuscleShow, a LiveMuscleShow, affiliated Company, and/or LiveMuscleShow licensors. You are granted a limited, non-exclusive, non-sub licensable right to access the Websites for the purposes of display in your private residence, the Materials for Your personal, non-commercial, and informational use only, and only for persons who are permitted by applicable law to view the Materials. The foregoing license grant does NOT include the right for you to:
Publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media;
Market, sell, or make commercial use of the Websites or any Materials, in the absence of a separate, written agreement authorizing such use;
Systematically collect and use any data or content, including the use of any data mining, robots, or similar data gathering and extraction methods;
Make derivative uses of the Websites or the Materials;
Use, frame, or utilize framing techniques to enclose any portion of the Websites (including the images found at the Websites, any text, or the layout/design of any page or form contained on a page); or
Use the Material in any way which would violate any applicable laws, regulations or rights of third parties, or violate this Agreement or the policies set forth on the Websites.
Except for the limited license granted to You, You are not conveyed any other right or license by implication, estoppel, ‘moral rights’ or otherwise in or under any patent, trademark, copyright, or proprietary right of LiveMuscleShow or any third party. Any unauthorized use of the Websites or Services will terminate the permission or license granted by this Agreement and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Notice of Claimed Infringement
We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Designated Copyright Representative with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
A description of the copyrighted work or other intellectual property that you claim has been infringed.
A description of where the material that you claim is infringing is located on the Website or Services.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its representative, or the law; and
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: firstname.lastname@example.org
NOTE: Please do not send other inquires or information to our Designated Representative.
Notice and Take Down Procedures
The Website implements the following "notice and takedown" procedure upon receipt of any notification of claimed copyright infringement:
The Website reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Website 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 Website to terminate the account of repeat copyright infringers, when appropriate, and the Website 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 Website’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying websites that are infringing according to §512 of the DMCA, the Website 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 Representative receives a valid notice, the Website 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 Representative 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 Representative receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Representative receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The Website reserves the right to modify, alter or add to this policy, and all users should regularly check back to this Agreement to stay current on any such changes.
DMCA Counter-Notification Procedure
If the Recipient of a Notice of Claimed Infringement ("Notice") states that the Notice is erroneous or false, and/or that allegedly infringing material has been wrongly removed in response to a Notice as outlined in Section 5.12 above, the Recipient is permitted to submit a counter-notification pursuant to Section 512(g)(2) and (3) of the DMCA. A counter-notification is the proper method for the Recipient to dispute the removal or disabling of material pursuant to a Notice. The information that a Recipient provides in a counter-notification must be accurate and truthful, and the Recipient will be liable for any misrepresentations which may cause any claims to be brought against us relating to the Content.
To submit a counter-notification, please provide the Designated Copyright representative the following information:
A specific description of the material that was removed or disabled pursuant to the Notice.
A description of where the material was located within the Website or the Content before such material was removed and/or disabled. Please provide the specific URL if possible.
A statement reflecting the Recipient’s belief that the removal or disabling of the material was done so erroneously. For convenience, the following format may be used:
"I swear, under penalty of perjury, that I have a good faith belief that the referenced material was removed or disabled by the service provider as a result of mistake or misidentification of the material to be removed or disabled."
Alternately, to email the above information, you must digitally sign the email and send it to: email@example.com. Do not send any other information or material to the DMCA Representative.
After receiving a DMCA-compliant counter-notification, Our Designated Copyright Representative will forward it to us, and we will then provide the counter-notification to the entity that first provided the Notice concerning material in the Recipient’s Content.
Additionally, within ten to fourteen (10-14) days of Our receipt of the counter-notification, We will replace or cease disabling access to the disputed material provided that We or Our Designated Copyright Representative have not received notice from the entity who first provided the Notice that such entity has filed a legal action pertaining to the disputed material.
The Website reserves the right to modify, alter or add to this policy, and all Users should regularly check back regularly to stay current on any such changes.
You understand and acknowledge that the software elements of the Materials on the Website may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to United States’ or international law is prohibited.
You will not assist or participate in any such diversion or other violation of applicable laws and regulations.
You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that You will abide by such laws and regulations.
You agree that none of the Materials are being or will be acquired for, shipped, transferred, or reexported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
The information contained within press releases issued by LiveMuscleShow should not be deemed accurate or current except as of the date the release was posted. LiveMuscleShow has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forwardlooking statements and is subject to material risk.
Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Website, or personal delivery by commercial carrier such as Federal Express or UPS. Notices by customers to us shall be given by electronic messages unless otherwise specified in the Agreement.
When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient’s business hours, or 9:00 a.m. (recipient’s time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
ENFORCEMENT. LiveMuscleShow reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of service, and/or removal, screening, or editing of posted message, data, information, text or other material, self-help and active investigation, litigation and prosecution in any court or appropriate venue. We may access, use, and disclose transaction information and content to comply with the law (e.g., a lawful subpoena); enforce or apply Our customer agreements; to initiate, render, bill, and collect for services; to protect Our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A LiveMuscleShow CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.
Communications Not Private
We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to us shall be deemed to be readily accessible to the general public. Visitors should not use this Website or Services to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website or Services can and may be read by the representatives and operators of this service, regardless of whether they are the intended recipients of such messages.
We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Website’s or Services’ performance.
Jurisdiction / Disputes
Governing Law. This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all litigation or arbitration permitted under this Agreement must be, without exception, initiated in Broward County, Florida.
All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be litigated or arbitrated exclusively in the state and federal courts located in Broward County, Florida.
The parties agree to exclusive jurisdiction in, and only in, Broward County, Florida.
The parties agree to exclusive venue in, and only in, Broward County, Florida, Florida.
The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
All parties stipulate that the state and federal courts located in Broward County, Florida shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding, permitted to be litigated and arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.
Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
Right to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
If there is a dispute between the parties arising out of or otherwise relating to this Agreement, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party must submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims by Us under applicable worker’s compensation law, unemployment insurance claims, intellectual property claims, actions for injunctions, attachment, garnishment, and other injunctive or equitable relief. The arbitration shall be conducted in Broward County, Florida, by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall be willing to sign an oath of neutrality.
The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this User Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
No waiver of right to arbitration - There shall be a waiver of the right to arbitration unless such waiver is provided affirmatively and in writing by the waiving party to the other party. There shall be no implied waiver of this right to arbitration. No acts, including the filing of litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
The First Amendment applies to arbitration proceedings - Any arbitration tribunal shall consider the First Amendment to the United States Constitution to be in force and effect between the parties. Both parties stipulate to the applicability of the First Amendment’s protection of free speech, expression, and association, and both parties stipulate that case law interpreting the First Amendment shall be admissible and considered to be binding authority upon the Arbitrator.
Attorney’s Fees. In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s monetarism and costs incurred in connection therewith, including attorney’s monetarism incurred on appeal.
Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
Complaints – California Customers: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted at: Consumer Complaints.
No Waiver. No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Website, Services and the Materials contained therein, and your use of the Website and Services, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
Other Jurisdictions. We make no representation that the Website, Services or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Website and Services from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.
When you sign up for our websites at MuscleHunks.com, LiveMuscleShow.com or PowerMen.com, you grant your permission to receive a minimum of one email to confirm your registration. Furthermore, we use your email address to inform you of technical issues, terms of service issues, special offers, and other issues of business regarding your membership.
In addition, many members elect to use our email alert services or our internal messaging systems.
These emails may be sent from any of the websites, ccbill, epochsystems, sendgrid, emaillabs, or mailup.
You may unsubscribe from any email list at anytime simply by clicking the unsubscribe button at the bottom of every email with the exception of emails from CCbill or Epoch, or in the case of emails regarding vital tecnical, support, or billing issues.
We do not buy nor sell email lists, and we hold your email address in strictest confidentiality.
560 NW 23 Street
Miami, FL 33127, USA