GUEST – IMLIVE MOBILE AGREEMENT Please read the following Terms & Conditions carefully
GUEST –
IMLIVE MOBILE AGREEMENT
Please
read the following Terms & Conditions carefully
1.
General
A. These
following terms and conditions apply on the mobile ImLive application ( the ‘
Mobile
Version’) and site as well on the web version of ImLive.com. By using the
Mobile Version of ImLive.com or the site
http://www.ImLive.com (the '
Site') you agree to be bound by these Terms and Conditions.
These terms and conditions are a binding agreement between you and I.M.L. SLU a
company organized under the laws of the Principality of Andorra (the '
Company')
which
operates the Mobile version or the Site.
B. Definitions- please note that definitions of specific
services/service provider names may change from the Mobile Version to the
website version. Here are the important definitions related to the Mobile
Version :
·
“Phone Mates”: Service provider to
provide free or paid video chat. At the website and hereunder may also be
referred as referred as ‘Hosts’.
·
“Intro”: A free unlimited
communication to get to know your Phone Mate.
·
“Happy Hour Teaser”: A free time limited sexual
show of Phone Mates.
·
“Private Show”: A paid service that
allows you to privately connect to your Phone Mate.
·
“ImLive Credits”: For Private Show you
need ImLive Credits. You can buy credits using the Mobile Version, or on site
ImLive.com, and use those credits on both systems. Once you register your
credit card details on ImLive's secured system you can add Credit with just
one click.
·
“Happy Hour Credit”: Credit you
get as bonus when you purchase ImLive credits. If you have Happy Hour Credit
from Imlive.com, the Mobile Version automatically uses them when members
continue to watch Teasers. If you do not have Happy Hour Credits, the
system will use your ImLive credit.
C. The Company is engaged in the business
of providing agency and facilitation services to hosts ('Hosts'), on the
basis of which Hosts provide Host Services (as defined below) to guests of
the Mobile version or the Site ('you' or 'Guests'), and of selling credit to
Guests which may be used to purchase such Host Services from Hosts ('ImLive
Credit'). The price of ImLive Credit is displayed to the Guest upon purchase
thereof. Hosts may use the Company's video/audio/text chat
communications system ('Chat System'), including a certain internet
communications application (the 'Application') in order to chat with you in
the event that you choose to receive information/content from them. Each
time you wish to do so, you must enter into a Host-Guest Agreement, the
form of which is available
here ('Host-Guest
Agreement'). Via the directory of Hosts located on the Mobile version or the Site
(the 'Directory'), Guests are able to initiate contact with Hosts (including
in scheduled sessions) from whom they wish to receive information/content.
Where the Host accepts the Guests into a Host-Guest Chat Session ('HGCS'),
the Application enables the Host to connect through the internet with the
computer of the Guest and provide information/content via audio/video (and
text) chat. A Guest may also elect to chat via audio/video (or text) directly
to the Host. In certain cases, more than one Guest can be connected to a
certain Host at the same time It is clarified that every HGCS shall be
subject to a Host-Guest Agreement, including with respect to the services
provided by any Host to you under the terms of such Host-Guest Agreement in
such HGCS using the Chat System and/or the Application or other Mobile
version or Site services/features subject to such Host-Guest Agreement
(all of the foregoing, the 'Host Services'), all as is more fully detailed in
the Host-Guest Agreement entered into by the Host and each Guest at the
commencement of each HGCS.
D. It is clarified
that all
such Host Services
are provided solely by and are the sole responsibility of the applicable
Host, and that the
Company is not the provider of any such Host Services to any Guest. On the
Mobile version or the Site, you are able to purchase from the Company, in
accordance with these Terms & Conditions, ImLive Credit. In addition to
ImLive Credit, Guests may receive from the Company certain credits which can
only be redeemed to obtain Host Services during "Happy Hour Video
Chat" (as provided on the Mobile Version or Site) ('
ImLive Happy Hour
Credit'). Grant of such ImLive Happy Hour Credit is at the sole discretion
of the Company. ImLive Credit and ImLive Happy Hour Credit expires 30 days
from the date of purchase or after such shorter period as may be set out in
these Terms & Conditions, at which time any funds used to purchase ImLive
Credit shall be forfeited to the Company and shall not be refunded. It is
clarified that neither ImLive Credit nor ImLive Happy Hour Credit will grant
you any rights and/or credits to any of the Mobile Version or Site's
affiliated sites; and that ImLive Credit and ImLive Happy Hour Credit is
solely a payment method and does not constitute a good, service or right in
itself.
E. These
Terms and Conditions comprise the entire agreement between the Company and
you, superseding any prior agreements between the Company or any predecessor
company and you. Please note that you may be subject to additional rules and
regulations that may apply when you use specific features on the Mobile
Version or Site, as well as any Host-Guest Agreement in connection with your
receipt of Host Services. The
Company, acting as agent on behalf of any particular Host or any and all
Hosts who are or may be registered on the Mobile Version or Site as Hosts
during the applicable period of time (the ‘
Community of Hosts’) shall
vigorously enforce all these rules and regulations.
F. These
Terms and Conditions contain disclaimers (including inter alia at Sections 7,
8, 9 and 10) as well as exclusive remedy provisions (including inter alia at
Section 8).
G. The
Company may, from time to time, change the Terms and Conditions. In addition,
the Company may, from time to time, in its capacity as agent of the Community
of Hosts, change the form of Host-Guest Agreement, including with respect to
billing by Hosts and payment of Hosts by Guests by way of redemption of
ImLive Credit or ImLive Happy Hour Credit. You agree to review the Terms and
Conditions, the applicable Host-Guest Agreement and the relevant rules and
regulations periodically and to be updated of such changes. In case you do
not wish to remain a member due to the change in the Terms and Conditions,
the applicable Host-Guest Agreement or the relevant rules and regulations,
you may terminate your membership as provided herein. Please note that your
continued use of the Mobile Version or Site and any Host Services following
any change to the Terms and Conditions, the applicable Host-Guest Agreement
or the relevant rules and regulations, constitutes acceptance of all such
changes.
H. Campaigns
- The Company in its capacity as agent of the Community of Hosts may change
any campaign rules at any time, with no prior notice needed, even without
cause. All campaigns are subject to these Terms and Conditions.
I. You
acknowledge and agree that the Company does not and cannot control the
information and content transmitted by Hosts or the information and content
transmitted by you in any HGCS.
J. In
respect of 18 U.S.C. 2257, please see our
2257 statement which
you can also reach via our home page.
K. The
Company makes the Mobile version or the Site available to you at the request
of, and in its capacity as the agent of, the Community of Hosts. As such,
whilst you may access some parts of the Mobile version or the Site for free,
certain parts of the Mobile version or the Site (including participation in
any HGCS) and some of the features and services thereon are not necessarily
free of charge, and may be subject to a Host-Guest Agreement.
2.
Member's
Account and Account Information
A. You
certify to the Company, both on its own account and in its capacity as agent
of the Community of Hosts, that you are at least 18 years of age. You hereby
agree to provide the Company with true, complete and up-to-date information
regarding your registration and billing information. Any Guest providing the
Company with information that is not true, complete and up-to-date shall not
be permitted to continue to use the Mobile Version or Site or participate in
any HGCS, and may be subject to civil and criminal liability.
B. Every
new Guest chooses a password and a screen name at time of registration.
Please note that you should choose your name carefully and you may not choose
or use a screen name of another person, a name that is violating a third
party's intellectual property rights or a screen name that is offensive or
inappropriate. By using the ImLive Mobile
Version you agree that we may use your phone number for operational messages.
C. It is
clarified that the Company owns all screen names used on the Mobile version
or the Site.
D. During
your joining procedure, you may required to download an application (the '
User
Software'), which enables you to use the Mobile Version on some devices.
E. You
also agree to provide the Company with a valid email address for Site
verification purposes and for services quality assurance. This means that the
Company can send you verification emails and also emails from the message
center which any Host has requested that the Company convey to you.
F. You are
solely and entirely liable for all of the activities on the Mobile Version or
Site, including in any HGCS, conducted through your account. Please note
that as a Guest you may not permit any other person to use your account. You
must keep your user name / password strictly confidential and may not
disclose them to any person. You may not assign or transfer any of your
rights or obligations under these Terms and Conditions or under any
Host-Guest Agreement, your username or your password, to any other person or
entity. You must promptly inform the Company of any apparent breach of
security, such as loss, theft, or unauthorized disclosure or use of a
username or password.
G. Guests
who are not permitted to continue to use the Mobile Version or Site or
participate in any HGCS may not access the Mobile Version or the Site or
receive any Host Services without the prior express written permission of the
Company.
H.
Cancellation
of your Guest account:
You may cancel your Guest account on the Mobile Version or the Site, at any
time, by going to:
http://imlive.com/delete.aspx. In
all cases of cancellation of your Guest account you will remain liable for
all payments due on your Guest account as well as any liabilities arising
from these Terms and Conditions or any Host-Guest Agreement. In case of
cancellation of your Guest account for any reason, any outstanding ImLive
Credit and ImLive Happy Hour Credit that you have will immediately expire and
be forfeited to the Company, and no such payment previously made to purchase
ImLive Credit will be credited, reimbursed or refunded to you.
I.
Termination
of your Guest account:
The Company reserves the right to cause you to cease using the Mobile Version
or the Site and/or participating in any HGCS, at any time, and may delete
your Guest account. Furthermore, in the event that the Mobile Version or the
Site and/or the provision of Host Services is terminated or suspended, all
Guest accounts (of all kinds) will be terminated immediately without any
prior notifications from the Company. In any such case, you will remain
liable for all payments due from your Guest account as well as any other
liabilities arising under these Terms and Conditions or any Host-Guest
Agreement. In case of cancellation of your Guest account for any reason, any
outstanding ImLive Credit and ImLive Happy Hour Credit that you have will
expire and be forfeited to the Company, and no such payment previously made
to purchase ImLive Credit will be credited, reimbursed or refunded to you.
3.
Charges,
Billing and Payments
A. The
Company does not charge Guests any basic fee to use the Mobile Version or the
Site or to download or use the User Software. However, Hosts may charge
Guests for Host Services and other features on the Mobile Version or the
Site, in accordance with the terms of the applicable Host-Guest Agreement.
The applicable rates or the methods by which the applicable rates are
determined are generally described on the Mobile Version or the Site at the
location from which you enter a paying service.
B. You are
able to see all of your records of usage of Host Services and other features
of the Mobile Version or the Site as well as the status of your ImLive Credit
and ImLive Happy Hour Credit on
http://imlive.com/gtransactions.aspx. For
billing inquiries, please contact the Company's customer service at:
http://imlive.com/customerservice.asp.
C. You may
choose to purchase ImLive Credit in accordance with these Terms &
Conditions by credit card, by check, by money wires directly to the Company's
bank account or by prepaid payment through third parties. Credit card charges
are processed via one of the Company's third party processor (CCBill), which
are fully secured and guaranteed to ensure your absolute privacy and reliability
in the amount charged. For users paying with Visa, credit charges will appear
on credit statements from either "CCbill.com or CCBilleu.com" or
"Epoch.com", depending on which company is processing the account.
Please note that your bank may charge you an additional service fee in
connection with the transaction. This fee is not charged by the Company.
Prepaid payment through third parties is done via ePassporte. Details of the
Company's bank account for money wires can be found at:
http://imlive.com/joingold1.aspx.
Please note that your credit card issuer agreement governs your use of your
designated credit card in connection with the Mobile Version or the Site. You
must refer to that agreement and not these Terms and Conditions regarding
your rights and liabilities as a credit card holder. You hereby agree that
the Company may, at its own discretion, accumulate your charges. If you want
to see the components of your accumulated charges, you are able to do so on
http://imlive.com/gtransactions.aspx. PLEASE
NOTE : on the Mobile Version we may offer fewer billing options.
D. You are
(and the Company is not) responsible for all charges associated with
connecting to the Mobile Version or the Site.
E. Please
note that in any case of a charge back occurring from your credit card with
regard to the purchase of ImLive Credit, the Company shall be entitled to
cause you to cease using the Mobile Version or the Site and obtaining any
Host Services, and to terminate your Guest account immediately. In such
event, all of your ImLive Credit and ImLive Happy Hour Credit will
immediately expire and be forfeited to the Company. If you have any questions
regarding one or more of the transactions and/or regarding usage of the Mobile
Version or the Site, please feel free to contact the Company's customer
service at:
http://imlive.com/customerservice.asp.
F.
Refunds
The basic policy of the Company (in its capacity as agent of the Community of
Hosts) is not to arrange for any refunds from Hosts to Guests unless specific
extraordinary circumstances apply. In some cases, the Company (in its
capacity as agent of the Community of Hosts) may issue refunds to Guests that
approach the Company, in the form of ImLive Credit or ImLive Happy Hour
Credit.
· NO
refunds will be made by cash or check.
· Please
note that in the case of cancellation or other closure or termination of your
account, all ImLive Credit and ImLive Happy Hour Credit will immediately
expire and be forfeited to the Company, and you will not receive any refund
or other reimbursement.
4.
the Content
of the Mobile Version or the Site
In
order to enable the Community of Hosts to provide Host Services through the
agency of the Company and to facilitate the provision of agency and
facilitation services by the Company to the Hosts, you agree as follows:
A. You do
not have any ownership or proprietary interest or claim in any of the
information and content (in any format whatsoever) on the Mobile Version or Site
or transmitted pursuant to provision of the Host Services. All
such information and content is either owned by the Company or the various
Hosts (as the case may be) and is subject to any agreement as to ownership
thereof between the Company and the Hosts). Any
content provided by you is hereby licensed by you to the Company pursuant to
Section 4(C) below, and you shall have no claims, demands or suits in this
respect.
B. It is
clarified that the Company does not prescreen and is not responsible for the
content and information published and/or displayed pursuant to the provision
of any Host Services (including in any HGCS) or other features of the Mobile
Version or the Site. However, the Company shall have the right to remove
content. In addition, the Company shall be entitled to cause you to cease
using the Mobile Version or the Site and obtaining any Host Services, and to
terminate your Guest account immediately, in the event that the Company deems
that any content transmitted in an HGCS in which you participated or any
content with which you are otherwise connected is harmful, offensive or
otherwise violates these Terms and Conditions.
C. All
materials on the Mobile Version or the Site, including pursuant to the
provision of any Host Services, are proprietary, constitute valuable
intellectual property, are copyrighted and are protected under treaty
provisions and worldwide copyright laws, and may not be reproduced, copied,
edited, published, transmitted or uploaded in any way without written
permission from the Company. By submitting content and/or information to any
"public area" on the Mobile Version or the Site, such as forums,
message centers and entering a Video Chat room you grant the Company the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display the content and/or
the information and/or to incorporate it in other works in any form, media or
technology, for the full term of any rights that may exist in such content.
D. The
names "ImLive" and "ImLive.com" are protected by
trademark law as are other brand names on the Mobile Version or the Site.
E. Please
note that some of the features of the Mobile Version or the Site and Host
Services may contain content that is inappropriate for minors. You
acknowledge that the Company cannot, and does not intend to, screen
information and content transmitted on the Mobile Version or the Site or
pursuant to the provision of the Host Services, in advance. Therefore, the
Company shall not be held liable for any of the content provided by Guests
and/or Hosts on the Mobile Version or the Site or pursuant to provision of
the Host Services. However, the Company may, at its sole discretion, choose
to monitor some or all of the content.
F. It is
hereby clarified that in any event that the Company decides that any conduct
by a Guest restricts or inhibits any other Guest and/or Host, person or
entity from using or enjoying the Mobile Version or the Site or any Host
Services, the Company shall be entitled to cause you to cease using the Mobile
Version or the Site and obtaining any Host Services, and to terminate your
Guest account immediately.
G. You are
hereby committed to use the Mobile Version or the Site and any Host Services
for lawful purposes only. Under no circumstances will you use the Mobile
Version or the Site and/or any Host Services and/or your account to do the
following:
· Promote
or transmit any unlawful, harmful, threatening, abusive, harassing,
defamatory, obscene, hateful, racially, ethnically or otherwise objectionable
content; including, but not necessarily limited to, bestiality, incest,
extreme sado-masochism or bondage presented in a sexual context, defecation
in conjunction with a sex act, urination in conjunction with a sex act,
violence, or any presentation of minors engaged in intimate physical contact
or sexual situations, acted or depicted;
· Harass,
embarrass, or cause distress, unwanted attention or discomfort upon another
Guest and/or Host and/or user of the Mobile Version or the Site or any other
person or entity;
· Disturb
any other Guest and/or Host while on the Mobile Version or the Site;
· Impersonate
any person or entity, including but not limited to a minor or an official
representative of the Company;
· Post or
transmit, or cause to be posted or transmitted on the Mobile Version or the Site
or pursuant to any of the Host Services any materials advertising any
business other than the Mobile Version or the Site; or
· Seek to
obtain any password, account, or private financial information from any Guest
and/or Host.
5.
EMAILS AND SPAM: AS
A RESPONSIBLE MEMBER OF THE CYBER COMMUNITY THE COMPANY MAINTAINS A STRICT
POLICYFORBIDDING ANY THIRD PARTY FROM SENDING ANY SORT OF PROMOTIONAL EMAILS
ON BEHALF OF THECOMPANY OR THE MOBILE VERSION OR THE SITE – SOLICITED OR
UNSOLICITED. THIS MEANS WE GO BEYOND MERELY PROHIBITING
SPAMMING. TO MAKE THINGS EVEN CLEARER FOR EVERYBODY WE DON'T LET
ANYBODY ELSE SEND ANY EMAILS ON OUR BEHALF. MOREOVER, THE COMPANY ITSELF
ONLY SENDS EMAILS TO PERSONS WHO HAVE REGISTERED ON THE MOBILE VERSION OR THE
SITE. THESE TWO POLICIES MAKE UP OUR STRONG "ANTI-SPAM
POLICY". We do allow Guests to send a very
small number of emails to friends and family via the Site. Although this
function is very limited, i.e., it is not possible to transmit commercial quantities
of emails via this function, abuse will nevertheless not be tolerated. Abuse
of this function will result in the Company causing you to cease
using the Site and obtaining any Host Services, and terminating your Guest
account immediately.
Please see our
Anti-Spam Policy for further information including details of
how to report violations of these policies.
6.
BOOKMARKING: The Mobile Version or the Site is designed such that a
user wishing to visit portions of the Mobile
Version or the Site potentially including adult content will be warned
that he/she must be of age because he/she is entering an 'adult' area. The
act of placing a web page (URL) into a temporary file on your browser so that
the you may return to that page at a future date directly, without passing
through any pages that may have been precedent ('bookmarking') may under
certain circumstances result in the bypass of these warnings. Use of such
bookmarks constitutes agreement by you that such warnings may be bypassed.
Bookmarking may also cause you to bypass links to these Terms and Conditions
and/or any Host-Guest Agreement. You hereby agree that use of such bookmarks
to enter into the Mobile Version or the Site
constitutes acceptance of the Terms and Conditions and any applicable
Host-Guest Agreement.
7.
DISCLAIMER OF
WARRANTIES – THE MOBILE VERSION OR THE SITE AND ANY HOST SERVICES
UNDER A HOST-GUEST AGREEMENT ARE PROVIDED TO YOU "AS IS",
"WITH ALL FAULTS", "AS AVAILABLE", WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED AND TO THE FULLEST EXTENT POSSIBLE UNDER
APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING,
BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS OR
CONTENT OF THE MOBILE VERSION OR THE SITE
AND ANY HOST SERVICES OR THE ABILITY OF THE MOBILE
VERSION OR THE SITE OR ANY HOST SERVICES TO INTEROPERATE OR INTEGRATE
WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE; (II) ANY
WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE (III) ANY
WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR ERRORS IN THE
CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR OUTPUT THAT
DERIVES FROM THE USE OF THE MOBILE VERSION OR THE SITE
OR ANY HOST SERVICES; (IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE; AND (IV) ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF
THE COMPANY IN THE MOBILE VERSION OR THE SITE
AND ANY HOST SERVICES, OR ANY WARRANTY THAT THE MOBILE
VERSION OR THE SITE OR ANY HOST SERVICES DO NOT INFRINGE THE INTELLECTUAL
PROPERTY RIGHTS OF ANY THIRD PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO
ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT
LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR
RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE MOBILE VERSION OR THE SITE OR ANY HOST SERVICES OR
ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE
MANIFESTING CONTAMINATING OR DESTRUCTIVE PR OPERTIES, OR (2) THAT THE
FUNCTIONS PERFORMED BY THE MOBILE VERSION OR THE SITE
OR ANY HOST SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE MOBILE VERSION OR THE SITE OR ANY HOST
SERVICES WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE
ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE
MOBILE VERSION OR THE SITE AND ANY HOST
SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR
SYSTEM.
8.
LIMITATION OF LIABILITY - IN NO EVENT WILL
THE COMPANY OR ITS AFFILIATES OR SUPPLIERS OR THE COMPANY'S/ITS
AFFILIATES'/SUPPLIERS' OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS,
REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY
THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO,
INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT OF PROGRAMS OR
INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN
CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON,
OR INABILITY TO USE, THE MOBILE VERSION OR THE SITE
OR ANY HOST SERVICES, EVEN IF THE COMPANY OR ANY HOST WERE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT, EQUITY OR OTHERWISE.
IF YOU ARE DISSATISFIED WITH THE MOBILE VERSION OR THE SITE OR ANY HOST SERVICES OR
YOU HAVE ANY DISPUTE WITH THE COMPANY OR ANY HOST IN CONNECTION WITH THE SAME
OR THESE TERMS AND CONDITIONS THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP
USING THE MOBILE VERSION OR THE SITE AND THE HOST
SERVICES (AND UNINSTALL THE USER SOFTWARE).
10.
ADULT ACTIVITIES
ON ALL MOBILE VERSION SERVICES AND ON PORTIONS OF THE SITE SERVICES ARE
DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS - WHO ARE AT LEAST 18
YEARS OLD (21 IN AL, MS, NE, WY, AND THE AGE OF MAJORITY IN ANY OTHER LOCATION
WHERE 18 IS NOT THE AGE OF MAJORITY) WHO ARE INTERESTED IN AND WISH TO HAVE
ACCESS TO VISUAL IMAGES, VERBAL DESCRIPTIONS, AUDIO SOUNDS AND OTHER FEATURES
AND/OR PRODUCTS OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE. THE MATERIALS
(INCLUDING ANY PRODUCTS, FEATURES OR SERVICES) WHICH ARE AVAILABLE WITHIN
THIS MOBILE VERSION AND THE SITE AND VIA THE HOST SERVICES MAY INCLUDE
GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY AND
SHOULD NOT BE ACCESSED BY ANYONE YOUNGER THAN 18 YEARS OLD (21 IN AL, MS,
NE, WY, AND ANY THE AGE OF MAJORITY IN ANY OTHER LOCATION WHERE 18 IS NOT THE
AGE OF MAJORITY) OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WISH TO
BE EXPOSED TO SUCH MATERIALS. BY JOINING THE MOBILE VERIOS OR THE SITE YOU
ARE MAKING THE FOLLOWING STATEMENTS:
"UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM
AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS,
NE, WY, AND THE AGE OF MAJORITY IN ANY OTHER LOCATION WHERE 18 IS NOT THE AGE
OF MAJORITY). I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS
OF AGE (21 IN AL, MS, NE, WY, AND THE AGE OF MAJORITY IN ANY OTHER LOCATION
WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE MATERIALS
(INCLUDING ANY PRODUCTS OR FEATURES) CONTAINED WITHIN THIS MOBILE VERION OR
THE SITE OR VIA THE HOST SERVICES. I UNDERSTAND THAT WHEN I GAIN ACCESS TO THE
MOBILE VERION OR THE SITE AND THE HOST SERVICES, I WILL BE EXPOSED TO VISUAL
IMAGES, VERBAL DESCRIPTIONS AUDIO SOUNDS AND OTHER FEATURES AND/OR PRODUCTS
OF A SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC
VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM
VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE
VARIOUS MATERIALS AND/OR ORDER AND ENJOY THE USE OF SUCH PRODUCTS OR
FEATURES, WHICH ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT, INFORMATION
AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL
MATTERS WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY
EXPERIENCE, IS GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM
FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE ACCEPTANCE OF SUCH
SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER ARE
WITHIN THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY COMMUNITY
ACCEPTS THE CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES
SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS
AND UNWILLING ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A
PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE. I FURTHER REPRESENT AND
WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL
SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL."
11.
RESTRICTED LOCATIONS
THE MOBILE VERION AND THE SITE AND HOST SERVICES MAY NOT BE ACCESSED, VIEWED,
DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO
WOULD, OR COULD BE DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE,
ORDINANCE, EDICT OR CUSTOM. WITHOUT DEROGATING FROM THE ABOVE, THE COMPANY
MAY RESTRICT OR DENY ACCESS TO THE MOBILE VERION OR THE SITE TO GUESTS IN ANY
COUNTRY OR LOCATION AT ANY TIME AT ITS SOLE DISCRETION, AND SHALL NOT BE HELD
LIABLE IN ANY WAY BY ANY GUEST (INCLUDING IN CONNECTION WITH LOSS OF IMLIVE
CREDITS OR IMLIVE HAPPY HOUR CREDITS) IN SUCH RESPECT.
12.
INDEMNIFICATION: You shall indemnify
and hold the Company, the owners and operators of the Company and the Mobile Version
or the Site as well as their officers, directors and employees harmless,
against any and all expenses and/or losses, including reasonable attorney
fees, incurred by the Company in connection with any claims of any kind, that
result directly or indirectly from your activities in connection with the
Company including without limitation on the Mobile version or the Site or via
the Host Services. Such claims shall include, without limitation, claims in
respect of any violation of law in any HGCS.
13.
NOTICES: Notices by the Company to you may be
given by means of electronic messages through Mobile Version or the Site, by a general posting on the Mobile Version or
the Site, or by conventional email. Notices by you
to the Company may be given by electronic messages, conventional mail,
telephone or fax unless otherwise specified in these Terms and Conditions.
14.
SEVERABILITY - To the extent
that a court of competent jurisdiction determines that any specific term or
terms of these Terms and Conditions is/are unenforceable, the other terms of
these Terms and Conditions will continue in full force and effect.
15.
WAIVER - No employee, agent
or representative, including without limitation any customer service
representative, of the Company or any Host shall be entitled to waive any
term of these
Terms & Conditions.
16.
HEADERS – Headers of
sections in these
Terms & Conditions are included for
convenience only and shall not be used to interpret these
Terms & Conditions.
17.
GOVERNING LAW – This Agreement
shall be governed by and construed in accordance with the laws of the
Principality of Andorra, without giving effect to the principles thereof
relating to conflict of laws.
Android Native Application
- Age verification. The Android Native Application has been designed for and is intended for use solely by consenting adults who are at least 18 years old and should not be accessed by anyone younger than 18 years old, or by any person who is offended by adult orientated materials or who does not wish to be exposed to such materials.
- License. Subject to the site’s terms of use, User shall have a non-exclusive/non-transferrable to access the Application solely for the purposes for which the Application is provided. This license is personal to User and User will not use the Application for any commercial purpose.
- Warranty. The Application is provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
- Modifications. The site enhances and updates the users often. The site may also need to discontinue services offers from time to time.
- Notification By downloading and installing our Android Native App you agree to receive periodic notifications to your Android device from this point forward. Such notifications will include online announcements and other commercial/promotional materials. This consent will also be effective for additional notices, promotional materials, and disclosures that may be made available in the future through our Android application service.
- If at any time you no longer wish to receive further notifications via the Android App - Please remove the Application in its entirety from your Android Device.