All rights reserved. The material on this
site may not be duplicated in any fashion and may not be distributed,
publicly performed, proxy cached or otherwise used, except with the
prior express permission of Tri-Tech Internet Services, Inc.
Trademark
Statement
CyberSex Network, Cybersexnetwork are registered
Service Mark of Tri-Tech Internet Services, Inc., all pending or registered
in U.S. Patent and Trademark Office.
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Disclaimers
Regarding Sites listed with http://avs.cybersexnetwork.com:
The web pages that you may have access to from the http://avs.cybersexnetwork.com
Web Site may contain adult sexually-oriented material that is intended
solely for responsible, consenting adults who are fully aware of the
nature of the content they are accessing. If you are under the age
of 18 years, or under 21 years of age in places where 18 years is
not the age of majority, YOU ARE NOT PERMITTED to access or view the
web pages of either CyberSexNetwork.com or the Participating Web Sites
that might be accessed through links contained on the CyberSexNetwork.com
Web Site.
The Participating Web Sites protected by CyberSexNetwork.com
that you may choose to review are not owned, operated or controlled
by CyberSexNetwork.com or Tri-Tech Internet Services, Inc. Although
no access to the membership portion of any Participating Web Sites
is permitted without a CyberSexNetwork.com ID, the independent operators
of those Participating Web Sites may make the Home Page and Visitor
sections of their Web Sites accessible without a CyberSexNetwork.com
ID.
CyberSexNetwork.com and Tri-Tech Internet Services,
Inc., do not control the content which may be freely accessed and
viewed on the Home Page and Visitor sections of Participating Web
Sites. Consequently, neither CyberSexNetwork.com nor Tri-Tech Internet
Services, Inc. makes any representation or warranty regarding the
suitability of these web pages for persons who are not adults or who
do not wish to view sexually-oriented materials.
As a precautionary matter, you are hereby WARNED that
the web pages of the Participating Web Sites you may view could contain
explicit images, text, graphics, sounds, illustrations, or descriptions
of nudity and sexual activity. If you are under the age of 18 years
(or under 21 years of age in places where 18 years is not the age
of majority), or if you an adult and do not wish to view explicit
adult material of a sexually-oriented nature, then you should not
access these web pages.
Before accessing any web pages on CyberSexNetwork.com
or on any of the Participating Web Sites that you may access from
links found on the CyberSexNetwork.com Web Site, YOU MUST READ AND
AGREE TO EACH OF THE PROVISIONS OF THE "PERSONAL STATEMENT OF VIEWER"
LISTED BELOW. PLEASE READ EACH PARAGRAPH CAREFULLY BECAUSE YOU WILL
BE REQUIRED TO AGREE TO AND AFFIRM EACH STATEMENT.
PERSONAL STATEMENT OF VIEWER
- I represent and affirm that I am at least 18 years
old, or 21 years old in jurisdictions where 21 is the age of legal
majority, and that I have the legal right to access and view explicit
adult material of sexually-oriented adult nature over the Internet.
- I understand the laws of the community where I am
accessing or viewing this material, or into which I am downloading
this sexually-oriented adult material for my own personal use, and
I represent, based upon my personal knowledge and familiarity with
the standards of this community, that the sexually-oriented adult
material which I have chosen to access, view and/or download is
well within the contemporary community standards of acceptance and
tolerance of this community.
- I represent and agree that I will not provide access
to any of the sexually-oriented adult materials in these web pages
to any persons under 18 years old or to any persons under the age
of 21 in jurisdictions where 21 is the age of legal majority.
- I represent that I knowingly, deliberately and voluntarily
have chosen to view, access, read and/or hear the explicit sexually-oriented
content that may be present on these web pages because I wish to
do so.
- I represent that I personally do not find it offensive
or objectionable to view, read and/or hear sexually-oriented adult
content dealing with, or containing explicit depictions of nudity
or sexual activity.
- In the event that any materials contained in these
web pages offend me, I represent and agree that I will exit from
those web pages immediately.
- I represent and agree that I will follow all standards
and laws that apply to me.
- I agree that I will not hold Tri-Tech Internet Services,
Inc., or CyberSexNetwork.com or its officers, directors, agents
or attorneys responsible for my viewing or accessing of any materials
contained on the CyberSexNetwork.com Web Site or on any of the Participating
Web Sites accessed through links contained on the CyberSexNetwork.com
Web Site.
- I UNDERSTAND AND AGREE THAT THE USE, ACCESSING AND
VIEWING OF MATERIALS ON THE CYBERSEXNETWORK.COM WEB SITE OR ANY
OF THE PARTICIPATING WEB SITES ACCESSED THROUGH LINKS LOCATED ON
THE CyberSex Network.COM WEB SITE, IS ENTIRELY AT MY OWN RISK. I
FURTHER UNDERSTAND AND AGREE THAT THE CYBERSEXNETWORK.COM SITE IS
PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL
EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE DISCLAIMED BY TRI-TECH
INTERNET SERVICES, INC. or CYBERSEXNETWORK.COM AND OTHER PROVIDERS
OF THE SERVICES AVAILABLE THROUGH THIS SITE TO THE FULLEST EXTENT
PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL TRI-TECH INTERNET
SERVICES, INC. or CYBERSEXNETWORK.COM OR ANY OTHER PROVIDER OF THE
SERVICES AVAILABLE ON THIS SITE BE HELD LIABLE TO ANY USER ON ACCOUNT
OF THAT USER'S USE OR MISUSE OF THE SITE OR THE SERVICES AVAILABLE
THEREIN. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, AND EXEMPLARY DAMAGES
(EVEN IF TRI-TECH INTERNET SERVICES, INC. or CYBERSEXNETWORK.COM
com OR THE OTHER PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES).
- In order to prevent or limit your children's access
to material that is inappropriate for minors, you acknowledge that
you hereby have been advised by CyberSexNetwork.com and Tri-Tech
Internet Services, Inc., that a number of parental control protections
(such as computer hardware, software, and filtering services) are
commercially available to you. I represent that I have reviewed
and understand all of the representations set forth in this Personal
Statement.
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Custodian
of Records
18 U.S.C. 2257 Compliance Notice:
All models, actors, actresses and other persons that
appear in any visual depiction of actual sexual conduct appearing
or otherwise contained in CyberSexNetwork.com (the "Web Site") were
over the age of eighteen years at the time of the creation of such
depictions. All other visual depictions displayed on this Web Site
are exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because
any of said visual depictions which appear to be of sexually explicit
conduct are merely simulated. With respect to all visual depictions
displayed on this Web Site, whether of actual sexual conduct, simulated
sexual content or otherwise, all persons in said visual depictions
were at least 18 years of age when said visual depictions were created.
The records required pursuant to 18 U.S.C. Section 2257
and 28 C.F.R. 75 are kept by the Custodian of Records for CyberSexNetwork.com.
The Custodian of Records for all materials is:
Name of custodian: robert F. Klueger
Tri-Tech Internet Services, Inc.
Business address:
425 E. Colorado #710
Glendale, CA 91205
Tri-Tech Internet Services, Inc.
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Privacy
Statement for CyberSex Network.com
CyberSexNetwork.com has created this privacy statement
in order to demonstrate our firm commitment to privacy. The following
discloses our information-gathering and dissemination practices for
this site.
Our site occasionally uses an order form for customers
to request information, products and services. We collect visitors'
contact information (like their email address) and financial information
(like their account or credit card numbers). Contact information from
the order form is used to send orders, information about our company
and promotional material from some of our partners to our customers.
The customer's contact information is also used to get in touch with
the visitor when necessary. Users may also unsubscribe from future
mailings and billing. Financial information that is collected is used
to bill the user for products and services only. .
On the CyberSexNetwork.com pages, Users may sign up
for the free weekly email newsletter simply by providing their email
address in the box provided. Before you actually receive the newsletter,
you will be sent a confirmation email requiring you to reply and confirm
that you wish to be added to the mailing list. If you do not respond,
you will not be added to the subscriber list. Active subscribers to
the free site newsletter may unsubscribe at any time by http://avs.cybersexnetwork.com/newsletter.html
and re-entering your E-mail and checking the unsubscribe box.
From time to time, products and services that may be
of value to you will be offered by third parties interested in your
business. cybersexnetwork.com contains links to other related World
Wide Web Internet sites, resources and sponsors of CyberSex Network.com.
Selection of an ad banner or link redirects User off of cybersexnetwork.com
to a third party. Transactions that occur between the User and the
third party are strictly between the User and the third party and
are not the responsibility of cybersexnetwork.com. Because cybersexnetwork.com
is not responsible for the availability of these outside resources
or their privacy policy or content, User should direct any concerns
to its site administrator or Webmaster.
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Unsubscribe/account
status/Deactivate:
Active subscribers to the free site newsletter may unsubscribe
at any time by http://aux.cybersexnetwork.com/camspl/newsltr_req
and re-entering your email and checking the unsubscribe box.
To Contact us: Within The US and Canada call:1-800-969-5577
Others call:0-111-818-548-5400
Fax: 1-818-548-5454
For Account Status Click
Here
To Cancel Prestige Plus Membership Click
Here
To Cancel Your $1.95 TRIAL Membership Click
Here
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CyberSex
Network.Com Membership Agreement
YOU MUST READ AND AGREE to the terms and conditions
of this Membership Agreement (the "Agreement") before You can become
an active member of CyberSex Network, and receive a CyberSex Network
access ID. By applying for a CyberSex Network Membership ID you agree
to the terms and conditions set forth in this Membership Agreement.
These terms and conditions will continue in effect throughout your
membership and after any termination, cancellation or expiration.
Please read each of these terms and conditions carefully because they
will be legally binding on you if you chose to obtain a CyberSex Network
ID.
The parties to this Agreement are You, the Member (hereafter
"You", "Your" or "Member"), and TRI-TECH INTERNET, INC. (hereafter
the "Company"), the owner of CyberSex Network.
1. Member acknowledges, represents and warrants that,
acceptance of the benefits, rights and privileges afforded to Member
by the CyberSex Network Membership are fair and adequate consideration
to contractually bind the Member to the terms and conditions herein
set forth and as may, from time to time, be amended.
3. Member acknowledges and is aware that Company does
not sponsor, promote, endorse, produce, review, edit, transmit, communicate
or otherwise distribute any of the Materials which are contained on
any of the participating adult web sites, nor does it own, operate
or control any of the participating adult web sites.
4. Member acknowledges and is aware that upon approval
of a CyberSex Network Application, the applicant becomes a CyberSex
Network member (subject to all the terms and conditions set forth
herein) and shall obtain a CyberSex Network Membership ID which will,
for the period of time for which the Member has enrolled and for which
Member has paid, enable the Member to access participating web sites
that have chosen to use the CyberSex Network age verification system
(either exclusively or non-exclusively) in order to restrict access
to their web sites only to adults. All representations, warranties,
acknowledgements and agreements by Member, as set forth in this Agreement,
shall continue in force throughout the term of the CyberSex Network
membership.
5. Member acknowledges and is aware that the use of
the CyberSex Network Membership ID will permit the Member to access
independently operated web sites which, in the opinion of the Web
Site owners, may contain materials that are not suitable for minors
including, but not limited to, sexually explicit adult oriented materials,
depictions and descriptions of graphic nudity, simulated or actual
sexual acts, auto eroticism and homosexuality (herein referred to
as "Materials").
6. Member acknowledges that he or she is aware of the
following: that all materials including messages and other communications
contained in the participating web sites are intended for distribution
exclusively to consenting adults in locations where the materials,
messages and other communications contained within or accessible through
the participating adult web sites do not violate any community standards
or any federal, state or local law or regulation of the United States
or any other country. No person under the age of eighteen (18) or
(21) in places were eighteen years of age is not the age of majority,
may directly or indirectly view or possess any of the contents of
the participating web sites, or place any orders for goods or services
advertised at, or in the web site.
7. Member hereby acknowledges and represents that he
or she knows and understands that the materials presented at, or accessible
from the participating adult web sites include explicit visual, audio
and textual depictions and descriptions of nudity and sexual activities,
including without limitation, heterosexual, bi-sexual, homosexual
and transsexual activities of an explicit sexual nature; that member
is familiar with materials of this kind; that member is not offended
by such materials; and that by agreeing to these terms and conditions
member is warranting to the Company that he or she is intentionally
and knowingly seeking access to such explicit sexual materials for
his or her own personal viewing.
8. Member represents and warrants to Company that Member's
acceptance of a CyberSex Network ID and/or purchase of a CyberSex
Network Membership on the terms and conditions set forth herein constitutes
an unequivocal request to receive sexually explicit material via access
to the participating adult web sites and Member makes the following
statements and representations to the Company (and which are relied
upon by Company) as a material inducement to issue a CyberSex Network
Membership and/or ID to Member:
"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 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 ANY OTHER LOCATION WHERE 18 IS NOT THE
AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE MATERIALS CONTAINED
WITHIN THE PARTICIPATING ADULT WEB SITES. I UNDERSTAND THAT WHEN I
GAIN ACCESS TO ANY OF THE PARTICIPATING WEB SITES, I WILL BE EXPOSED
TO VISUAL IMAGES, VERBAL DESCRIPTIONS, AND AUDIO SOUNDS OF A SEXUAL
ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW,
READ AND/OR HEAR THE VARIOUS MATERIALS WHICH ARE AVAILABLE, FOR MY
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 AND ACCESS THROUGH THES PARTICIPATING
ADULT WEB SITES ARE WITHIN THOSE STANDARDS IN MY JUDGMENT; THAT THE
AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE VIEWING AND ACCESSING OF
SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH
OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING
ADULTS; AND THAT THE AVERAGE ADULT IN MY COMMUNITY WOULD 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 RECIVE SEXUALLY ORIENTED MATERIAL."
NOTICE AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way
that constitutes copyright infringement, or your intellectual property
rights have been violated in any way, please send written Notification
to CyberSex Network's Copyright Agent as follows:
Name of Agent Designated to Receive Notification: Robert F. Klueger
Full Address of Designated Agent to Which Notification
Should be Sent: 425 East Colorado Boulevard, Suite 600, Glendale,
California 91205
Telephone Number of Designated Agent: (818) 548-8882
Facsimile Number of Designated Agent: (818) 548-9164
E-mail Address of Designated Agent: copyright@tritech.org
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered
by a single notification, a representative list of such works at that
site;
3. Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider
to contact the Complaining Party, such as an address, telephone number,
and if available, an electronic mail address at which the complaining
party may be contacted;
5. A statement that the Complaining Party has a good faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate,
and under penalty of perjury, that the Complaining Party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Upon receipt of the written Notification containing
the information as outlined in 1 through 6 above:
1. CyberSex Network will remove or disable
access to the material that is alleged to be infringing;
2. CyberSex Network will forward the written Notification to such
alleged infringer ("Subscriber");
3. CyberSex Network will take reasonable steps to promptly notify
the Subscriber that it has removed or disabled access to the material.
Counter Notification:
The Subscriber then may submit a Counter Notification. To be effective,
the Counter Notification must be a written communication provided
to CyberSex Network's Designated Agent that includes substantially
the following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a
good faith belief that the material was removed or disabled as a result
of mistake or misidentification of the material to be removed or disabled;
4. The Subscriber's name, address, and telephone number, and a statement
that the Subscriber consents to the jurisdiction of Federal District
Court for the judicial district in which the address is located, or
if the Subscriber's address is outside of the United States, for any
judicial district in which the Service Provider may be found, and
that the Subscriber will accept service of process from the person
who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the
information as outlined in 1 through 4 above:
1. CyberSex Network will promptly provide the
Complaining Party with a copy of the Counter Notification;
2. CyberSex Network will inform the Complaining Party that it will
replace the removed material or cease disabling access to it within
ten (10) business days;
3. CyberSex Network will replace the removed material or cease disabling
access to the material within ten (10) to fourteen (14) business days
following receipt of the Counter Notification, provided CyberSex Network's
Designated Agent has not received notice from the Complaining Party
that an action has been filed seeking a court order to restrain Subscriber
from engaging in infringing activity relating to the material on Service
Provider's network or system
10. Any action on Your part to Bookmark to a page on
a participating Web Site whereby the Warning Page, the Age Verification
Page, and/or the Terms and Conditions of Membership Page is bypassed
shall constitute an implicit acceptance by You of all the Terms and
Conditions set forth herein as well as an explicit acknowledgement
by You of the fact that You are over the age of 18.
11. Company represents and agrees that except in response
to legal process, Company will not disclose, disseminate, sell, lease
or transfer any private information provided to it by Member to any
third parties. Otherwise, all data, information, compilations, statistical
analyses, profiles, membership history and transaction records are
the sole and absolute property of Company.
12. All membership fees are non-refundable in the event
that any valid membership is cancelled by Company for violation of
these terms and conditions or by Member. If it is determined by Company,
in its sole and absolute discretion, that the membership was not validly
obtained, then Company will credit the credit card account improperly
used for the charges and will invalidate the Membership ID.
12.1 In the event that a refund is issued, All refunds
will be made by crediting the credit card that was used to make the
original purchase. No refunds will be made by cash or check.
12.2 Member acknowledges and is aware that the price of the service provided by the Company is as quoted at time of purchase and that transactions are created, authorized and settled through the Company’s accounts in United States Dollars for these amounts but that these transactions may be conducted at the Company’s banks either within or outside of the United States. In the event that a transaction occurs at one of the Company’s banks not in the United States, the Member acknowledges that the Member’s card issuing bank may charge a fee for the this transaction. The Company does not benefit from these additional fees nor do we authorize, request or initiate these fees. They are charged at the sole discretion of the Member’s card issuing bank.
13. Your Obligations, Duties, Representations And Warranties.
You hereby acknowledge and agree that Company's willingness to enter
into this Agreement is based on various material representations,
warranties and guarantees made by you and relied upon by Company,
as set forth in detail in this paragraph:
14. Member represents and warrants that, in the event
Member accesses any Materials, that Member will not use the Materials
in any unlawful manner, will not display or transmit the Materials
to, or allow access of the Materials by, minors, except where such
display, transmission or access Is permitted by law.
14.1 Member represents and warrants that, in the event
Member accesses any Materials, that Member will not use the Materials
in any manner inconsistent with, or in violation of the intellectual
property rights of the owner of the Materials.
14.2 Member will not publish, disclose, disseminate
or otherwise permit any other person to use his/her CyberSex Network
Membership ID.
14.3 Member acknowledges that Company relies on the
representations and warranties made by the Member in the Member's
Application and these terms and conditions. Member represents and
warrants that all information provided in the Application is true
and correct.
14.4 Member agrees not to remove any proprietary notices
or designations of ownership from any Materials that Member has accessed
from a participating Web Site at any time.
14.5 Member agrees not to make any commercial use of
any Materials that Member has accessed from a participating Web Site
without the prior express written authorization from the participating
Web Site owner.
14.6 Member agrees not to permit other individuals to
directly or indirectly use or view any Materials that Member has accessed
from a participating Web Site without the prior express written authorization
from the participating Web Site owner.
14.7 Member agrees not to modify, translate, reverse
engineer, decompile or disassemble any Materials that Member has accessed
from a participating Web Site without the prior express written authorization
from the participating Web Site owner.
14.8 Member agrees not to make copies or create derivative
works based on any Materials that Member has accessed from a participating
Web Site without the prior express written authorization from the
participating Web Site owner.
14.9 Member agrees not to rent, lease, or transfer any
rights to any Materials that Member has accessed from a participating
Web Site without the prior express written authorization from the
participating Web Site owner.
14.10 Member agrees not to remove any proprietary notices,
including copyright and trademark notices, or labels on any Materials
that Member has accessed from a participating Web Site without the
prior express written authorization from the participating Web Site
owner.
14.11 Member agrees not to make any other unauthorized
use of any Materials that Member has accessed from a participating
Web Site without the prior express written authorization from the
participating Web Site owner.
15. Membership to the Service may be terminated at any
time, and without cause, by either Company, the participating web
site, or the Member upon notification of the other by electronic or
conventional mail, or by telephone, fax or by filling out the Company's
cancellation request form and sending it to Company. When a Member
requests termination, membership fees are NOT refunded. You agree
to be personally liable for all charges incurred by You during or
through the use of the CyberSex Network membership. Your liability
for all charges incurred during Your membership term shall continue
after termination, for any reason, of Your membership.
16. Members are responsible for providing all personal
computer and communications equipment necessary to gain access to
the participating web sites. Access to and use of the participating
Web Site is through the use of a unique CyberSex Network ID. Each
Member must keep his CyberSex Network ID strictly confidential. Sharing
Your unique CyberSex Network ID with another individual is strictly
prohibited and shall entitle the Company to immediately terminate
your membership without notice or reimbursement of any kind.
17. All Prestige PLUS ,and all Trial Prestige PLUS Memberships;
Cancellation; Conversion To Full Membership. By accepting the Prestige
PLUS trial membership to the Service and by accepting the CyberSex
Network Prestige PLUS ID you agree to the following terms and conditions:
17.1 Your Prestige PLUS membership will provide you
with a CyberSex Network ID that will give You free access to participating
Prestige PLUS Web Sites during the trial period. However, if you do
not cancel your free trial membership within the trial period, your
trial Prestige PLUS membership will be converted to a monthly Prestige
PLUS pay membership.
17.2 All Prestige PLUS and Prestige trial-offer members
will be emailed a notification providing that the trial-offer member
may click on a link to cancel his or her trial membership a Prestige
PLUS member may also cancel their membership by going to http://www.CyberSexNetwork.com/cams/cancelplat.
Upon such cancellation within the trial period, a Prestige PLUS trial-offer
member shall not be charged. However, if the trial-offer member fails
to cancel his or her trial Prestige PLUS membership within the trial
period, as provided, the trial membership will automatically convert
to a one-month Prestige PLUS Membership at the end of the Trial Period,
plus a free two-week grace period, billable at the rate of $29.95
per month, or the then-applicable rate.
17.3 To be valid, a cancellation of the Prestige PLUS
membership, and the Trial Prestige PLUS membership must be received
by Company no later than 12.01 AM of the day following the last full
day of the two-week Trial Period.
17.4 Absent such timely notice, all members who have
accepted the trial memberships shall be charged a monthly membership
fee at the then standard monthly Prestige PLUS subscription rate and
their monthly memberships will automatically renew on a monthly basis
until cancelled.
17.5 One Year and Two Year Memberships will automatically
renew, upon the terms and conditions effective as of the anniversary
date of the renewal period, To be valid, a cancellation of the One
Year or two Year Membership, Member must contact CyberSex Network
(http://www.CyberSexNetwork.com/email.html) By E-mail at least within
(7) days prior to renewal date. Member authorizes TTI Inc. to charge
renewal to credit card originally provided at the new rate of membership.
18. INAPPROPRIATE USE OF CHAT, PERSONALS SECTION OR
PUBLIC AREAS. If Company enables You to share information with other
persons, including without limitation other Program Participants through
the use of Chat rooms, Personals section, or other means of communication
(hereafter "Public Areas") on any Company Web Site, You agree and
warrant that You shall not submit, publish, or display any material
which is infringing, defamatory, libelous or otherwise unlawful, or
any material deemed obscene, lewd, excessively violent, harassing
or otherwise objectionable. You further agree to indemnify Company
and its officers, directors, employees and representatives for any
claims or suits arising from your use of Public Areas in violation
of this agreement and warranty.
18.1 Although Company does not assume the duty or obligation
to monitor any messages or other materials posted or uploaded on the
Public Areas of any Company Web Site by third parties, including You,
Company reserves the right, in its sole and absolute discretion, but
is not obligated to monitor any and all materials posted or uploaded
by third parties, including You, at any time without prior notice
to ensure that they conform to any content guidelines or policies
relating to the Public Areas of any of Company's Web Site which may
be applicable from time to time.
18.2 Although Company does not assume the duty or obligation
to monitor any messages or other materials posted or uploaded to the
Public Areas of any Company Web Site by third parties, including You,
and is not responsible for any content of these materials, Company
reserves the right, in its sole and absolute discretion, but is not
obligated, to delete, move, or edit messages or materials, including
without limitation advertisements and public postings, without notice,
that Company, in its sole discretion, deems to violate the Code of
Conduct of the Public Areas or any applicable content guidelines adopted
from time to time relating to the Public Areas, or to be otherwise
unacceptable.
18.3 You acknowledge and agree that You shall remain
solely responsible for the content of messages and other materials
You may upload to the Public Areas or to users of the Public Areas
of any Company Web Site and that Company may, in its sole discretion,
terminate or suspend Your access to all or part of the Public Areas
at any time, with or without notice, for any reason, including, without
limitation, breach of this Agreement. Without limiting the generality
of the foregoing, any fraudulent, abusive, or otherwise illegal activity
may be grounds for termination of Your access to all or part of the
Public Areas at Company's sole discretion, and You may be referred
to appropriate law enforcement agencies.
19. COMPANY DISCLAIMER REGARDING USE OF PUBLIC AREAS.
You acknowledge that You understand that Company is not responsible
for, nor can it control, the use by others of any information which
You provide to them through the Public Areas, or otherwise, and that
You have been advised that You should use caution in selecting the
personal information You provide to others through the Public Areas;
19.1 You acknowledge that You understand that Company
cannot ensure nor do it make any representations or warranties regarding
the security or privacy of information that You voluntarily provide
through the Internet and Your email messages, and therefore that You
release Company, its officers, directors, employees and representatives
from any and all liability in connection with the use or misuse of
such information by other parties;
19.2 You further acknowledge that You understand that
Company does not control the content of any information, messages,
communication or other materials posted or uploaded by users of the
Public Areas of any of Company's Web Site and that Company does not
guarantee or vouch for the accuracy or truthfulness of any messages,
communication, information or content of any kind which has been posted,
uploaded or provided by other users of the Public Areas. Consequently
You agree to release Company, its officers, directors, employees and
representatives from any and all liability and responsibility in connection
with the content of any information, messages, communication or other
materials You may receive from other users of the Public Areas.
20. COMMUNICATIONS IN PUBLIC AREAS NOT PRIVATE. You
further acknowledge and agree that all messages or content posted
by You or others in any Public Areas of Company's Web Site shall be
deemed to be readily accessible to the general public and consequently
should not be considered private or confidential. Consequently, You
should not use the Public Areas for any communication that You intend
only You and the intended recipient(s) to read. Notice is hereby given
that all messages entered into the Public Areas can and may be read
by Company, its employees and representatives, whether or not they
are the intended recipient(s).
21. COMPANY'S DISCLAIMER REGARDING USE OF THE PERSONALS
SECTION OF COMPANY'S WEB SITE. You acknowledge and agree that Company
shall not be responsible or liable to You in any way for any damage
or injury which you may sustain, including without limitation any
physical damage or injury of any kind, from any communication, contact
or meeting, whether in person, by telephone, email or by or through
any other means, resulting directly or indirectly from any material
or information which you have submitted to Company for posting on
any of Company's Web Sites, or from a personal ad placed or responded
to, or from messages or communications sent or received by You or
other persons through Company's Web Site, or by or through any other
use, directly or indirectly, of the Web Site.
21.1 You further acknowledge and agree that Company
and the Web Site does not screen any Members or other users of the
Web Site, has no control over their actions and makes no representations
or warranties whatsoever with respect to the character, safety, identity,
veracity, age, health or any other attribute of Members or other users
of the Web Site;
21.2 You further acknowledge and agree that the Company
and the Web Site does not endorse, encourage, recommend, promote or
arrange communications or meetings among or between Members or other
users of theWeb Site, or any other persons, and You are expected to
use common sense and take appropriate measures and precautions to
insure Your own personal safety and privacy in the event that You
unilaterally choose to communicate with, or meet with any person with
whom You have communicated with or encountered, either directly or
indirectly through the use of the public areas or Personals area of
Company's Web Site, or through personal ads or other Works posted
on the Web Site. Consequently You agree to release Company, its officers,
directors, employees and representatives from any and all liability
and responsibility in connection with the content of any information,
messages, communications you may receive from other users of the Personals
section of Company's Web Site, or from any contact, encounter or meeting
with any person or persons directly or indirectly resulting from or
related to Your use of the Personals section of Company's Web Site.
22. Disclaimer And Limitations On Company's Liability.
The Materials on the participating web sites utilizing CyberSex Network
and all services provided to You by Company are provided on an "AS
IS" basis without any express or implied warranty of any kind. No
warranty is made by Company, or should be implied, regarding any information,
services, Materials or products provided through or by Company or
by any participating web sites, and Company hereby expressly disclaims
any and all warranties, including without limitation: any warranties
as to the availability, accuracy, or content of Materials, information,
products, or services on any participating web sites; any warranties
of merchantability or fitness for a particular purpose and non-infringement.
Some states do not allow exclusions of an implied warranty, so this
disclaimer may not apply to You and You may have other legal rights
that vary from state to state or by jurisdiction.
22.1 Company does not guaranty or warrant the compatibility
of the Member's equipment, computer or software, including but not
limited to, the type of computer, computer configuration, browser
software, other software, or online service.
22.2 In the event that the participating Web Site or
the Company, its owners, officers, employees or agents, are found
liable for any failure to perform, error, omission, interruption,
defect delay in operation or transmission, communications line failure
or under any other cause or action, said liability shall be strictly
limited to the amount of membership fee paid by or on behalf of the
Member to Company for the preceding month. Some states do not allow
the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to You.
22.3 Under no circumstances and under no cause of action
or legal theory, shall Company, its suppliers, licensees, resellers,
or other Members, or their suppliers, licensees, resellers or Members
be liable to You or any other person for any indirect, special, incidental,
punitive or consequential damages of any character including, without
limitation, damages for loss goodwill, work stoppage, computer failure
or malfunction, any interruption in service or inability of Member
to access participating web sites due to technical difficulties or
failure of the internet, world wide web, phone lines, switching or
any other causes beyond its control, or any and all other commercial
damages resulting from accessing, viewing or using any use of Materials
of a participating Web Site even if, in any such case, Company has
been advised of the possibility of such damages.
22.4 Company shall in no event be liable to YOU or any
third party for any loss resulting from any failure to perform its
obligations under this Agreement because of acts of God, nature, any
government agency(ies), war, civil disturbance, labor disputes or
shortages, electrical or mechanical breakdowns, inability or refusal
of a common carrier to provide communications capabilities, or any
other cause beyond Company's direct control, including but not limited
to, the issuance of an injunction or seizure order by a court of competent
jurisdiction prohibiting Company from carrying on its day-to-day operations
as contemplated under this Agreement or an order by any regulatory,
administrative, judicial or legislative body, which shall temporarily
suspend or permanently terminate Company's ability to provide YOU
with services pursuant to this Agreement.
23. Company does not screen or endorse the content of
any participating web site, or any advertisements or communications
submitted to the participating web sites by third-party licensees,
advertisers, or Members for electronic dissemination through the participating
web sites. Some of the content of the participating web sites might
be accessed by You via hyperlinks which will connect you to third
parties, or to third-party web sites that may provide content to the
participating web site. Company has no editorial control or supervision
over selection or display of the content provided by those third parties
or those third-party web sites and those parties are solely responsible
and liable for the content.
24. You agree that as a Member you shall not, under
any circumstances, have the right to transfer or assign your CyberSex
Network membership or membership ID to any other person or entity,
and that any attempted transfer or assignment of a membership ID shall
be void and shall constitute a material breach of these Terms and
Conditions on Your part. Your further agree that the Company, may
at any time at its sole discretion and without prior notice to you,
transfer or assign Your membership and any or all of its rights and/or
obligations hereunder in its free, sole, and unfettered discretion
at any time, to an affiliated or non-affiliated Company.
25. This Agreement is not for the benefit of any third
party, and shall not be deemed to grant any right or remedy to any
third party whether or not referred to in this Agreement.
26. Governing Law; Arbitration; Jurisdiction And Venue.
This Agreement shall be governed by and construed under the laws and
judicial decisions of the State of California and the United States
as applied to agreements between California state residents entered
into and to be performed within the State of California, except as
governed by Federal law. The application of the United Nations Convention
of Contracts for the International Sale of Goods is expressly excluded.
26.1 Any and all disputes as to the interpretation of
or any performance under this Agreement which are not first resolved
informally, shall be determined by binding arbitration in Los Angeles,
California, in accordance with the rules of the American Arbitration
Association. The final award in any such arbitration proceeding shall
be subject to entry as a judgment by any court of competent jurisdiction,
provided that such judgment does not conflict with the terms and provisions
hereof. The jurisdiction of the arbiter (or arbiters) with respect
to legal matters shall be limited only by the statutory and common
law of the State of California and the United States.
26.2 Nothing in this paragraph shall preclude either
party from seeking and obtaining any injunctive relief or other provisional
remedy available in a court of law, including, specifically, Company's
right to prejudgment attachment and expedited discovery. In addition
to the foregoing, the parties hereto hereby agree that as part of
the consideration for this Agreement, they waive the right to a trial
by jury for any dispute arising between them that is in any way related
to the subject matter of this Agreement, provided that the arbitration
provisions of this paragraph are waived or are otherwise inapplicable.
Should any legal fees, costs, or other expenses be incurred by any
party to enforce this arbitration and jury waiver provision, the prevailing
party shall be entitled to recover such legal fees, costs, or other
expenses without regard to whether such party prevails in the underlying
case.
26.3 Notwithstanding the foregoing, if for any reason
any matter or dispute arising under this Agreement is not resolved
by binding Arbitration, or if any of the proceedings or decisions
of the Arbitration must be enforced by a court of competent jurisdiction,
Member agrees that in case of any litigation regarding this Agreement
or the various subject matters hereof, that the venue for such litigation
shall be, depending on by the subject matter of the dispute, either
the Municipal Court of Los Angeles, California, the Superior Court
of the County of Los Angeles, or the United States District Court
for the Central District of California, Western Division. Licensee
hereby consents and stipulates to the jurisdiction of the Courts of
the State of California and the United States District Court, Central
District of California, Western Division.
27. All notices, payments, statements or other documents
that any party to this Agreement is required to or elects to give
to the other party hereto will be in writing and will be delivered
in one of the following ways: (a) by personal delivery; (b) by addressing
the notice to Company at 425 E. Colorado #710, Glendale CA 91205,
and to YOU at the address YOU have supplied to Company in Your Application
and depositing the same registered or certified mail, postage prepaid,
in the United States mail; (c) by Federal Express; (d) by facsimile
transmission; or (e) by E-mail and transmission by first class U.S.
mail. In addition, Company may make change to these Terms and Conditions
by posting notice of such change on the front page of its Web Site
located at http://www.CyberSexNetwork.com/stdterms.html, such notice,
statement or other document so delivered, except as this Agreement
expressly provides otherwise, shall be conclusively deemed to have
been given when actually received (personal delivery, Federal Express,
facsimile transmission or Email), or three (3) business days after.
28. In case any one or more of the provisions contained
in this Agreement shall for any reason be held to be invalid, illegal
or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision(s)
had never been included.
29. The invalidity or unenforceability of any provision
of this Agreement shall not affect the validity or enforceability
of any other provision.
30. For purposes of construction, this Agreement shall
be deemed to have been drafted by both Licensor and Licensee.
31. A waiver by either party of any term or condition
of this Agreement in any one instance shall not be deemed or construed
to be a waiver of such term or condition for any similar instance
in the future of any subsequent breach hereof. All rights, remedies,
undertakings, obligations and agreements contained in this Agreement
shall be cumulative and none of them shall be a limitation of any
other remedy, right, undertaking, obligation, or agreement.
32. If suit, action or arbitration is brought to enforce
or interpret any provision of this Agreement, or the rights or obligations
of any party hereto as they relate to the subject matter of this Agreement,
the prevailing party shall be entitled to recover, as an element of
such party's costs of suit, and not as damages, all reasonable costs
and expenses incurred or sustained by such prevailing party in connection
with such suit or action or arbitration, including, without limitation,
attorneys' fees and expenses and court costs.
33. This Agreement constitutes the entire agreement
of the parties with respect to the subject matter hereof, and supersedes
and cancels all other prior agreements, discussion, or representations,
whether written or oral. No officer, employee or representative of
Company or You has any authority to make any representation or promise
in connection with this Agreement or the subject matter thereof which
is not contained expressly in this Agreement; and, Company and You
hereby acknowledge and agree that neither Company nor You have entered
into this Agreement in reliance upon any such representation or promise.
34. No modification of this Agreement, in whole
or in part, shall be enforceable unless reduced to writing and signed
by duly authorized representatives of the parties hereto.
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NOTICE: An
applicant to be a CyberSexNetwork.com Webmaster must be at least eighteen
(18) years of age.
All Web Site operators who wish their Web Site to be
listed on the CyberSexNetwork.com Participating Links page(s) and
search engine must agree to comply with the Links Page Policies and
Agreement to Terms and Conditions ("Agreement") set forth below. If
you violate these Policies or Terms and Conditions, your Web Site
will not be listed on the CyberSexNetwork.com Links Pages (or if listed,
will be removed from the Links Pages), and, at CyberSexNetwork.com's
sole discretion, You may not be approved to utilize the CyberSexNetwork.com
Age Verification System.
Please read these policies and agreement to the Terms
and Conditions carefully, if you agree to become a CyberSexNetwork.com
Webmaster, these will constitute binding and enforceable Policies
and Terms and Conditions between CyberSexNetwork.com (a service mark
of Tri-Tech Internet Services, Inc.) and You, the participating Webmaster
("You", "Webmaster").
In consideration for CyberSexNetwork.com agreement to
list your Web Site on the CyberSexNetwork.com Participating Links
page and search engine, you represent to CyberSexNetwork.com and agree
as follows:
1. That you are at least eighteen (18) years of age,
or (21) in any state where (21) constitutes the age of majority, and
you have the full legal capacity to enter into enter into this Agreement.
2. That you are solely responsible for selecting and
providing any and all content, material, products, and/or services
on your site; that CyberSexNetwork.com is not responsible for reviewing,
selecting, editing, or monitoring any of the content you place on
your site; and that you agree to hold CyberSexNetwork.com harmless
and fully indemnify CyberSexNetwork.com from any and all liability
that may arise, either directly or indirectly, from any of the content
on your site(s).
3. That no Web Sites hosted on a free hosting service
that does not permit adult content will be listed on the CyberSexNetwork.com
Participating Links Pages.
4. That it is your sole responsibility to place your
site in the appropriate Category of the Links Page(s), display the
correct URLs to your Warning page where your CyberSexNetwork.com script
is located or access to that script is located; that the description
of your site must be accurate and that any deceptive information placed
on a CyberSexNetwork.com Links Page by you for your site will cause
your site to be removed from the Links Page permanently and without
warning at the sole and absolute discretion of CyberSexNetwork.com.
5. That multiple sites owned by the same person or entity
must be designed as individual sites, each containing its own individual
Warning Pages and Content Pages, and that no Web Site may be listed
more than once on our Links Page under the same or different names.
6. That your regular CyberSexNetwork.com site must have
a minimum of 30 pictures to be listed on our links pages.
7. That your Prestige PLUS CyberSexNetwork.com site
must have a minimum of 300 pictures to be listed on our links pages.
8. That your site shall not link to any other site's
images/pictures/logos/graphics, not owned or controlled by you, unless
you have prior consent from the owners of that other site.
9. Webmaster Representations and Warranties: You represent
and warrant to CyberSexNetwork.com and agree as follows:
(i) YOU shall be solely responsible for all decisions
and all liability with respect to the selection and use of graphic,
photographic, video, audio, literary content or any other content
of any kind which is displayed or disseminated by and through YOUR
Web Sites;
(ii)that YOU shall be solely responsible for all decisions
and all liability with respect to permitting or denying access to
and membership in YOUR Web Sites, including without limitation the
criteria for permitting or denying access to and membership in the
YOUR Web Sites;
(iii) YOU shall be solely responsible for all decisions
and all liability with respect to geographical areas where YOUR Web
Sites or the content of YOUR Web Sites are permitted to be accessed
or downloaded;
(iv) YOU shall be solely responsible for all decisions
and all liability relating to compliance with all state and federal
laws and regulations governing the sale, distribution, dissemination
and advertising of adult content which is displayed, distributed,
sold or advertised in or through YOUR Web Sites,;
(v) YOU shall not display or include in YOUR Web Sites
any content that infringes one or more patents, copyrights, trademarks,
or other intellectual property rights (including trade secrets), privacy,
publicity or other rights of any person or entity, or that violates
any state of federal obscenity, harmful matter or child pornography
laws;
(vi)that YOU shall be solely responsible for obtaining
and properly maintaining all records or information that may be required
under the Record Keeping provisions of 18 USC, section 2257.
10. 1 You further represent and warrant to CyberSexNetwork.com
and agree that your site shall not display, publish, link to, or provide
access to any images, pictures, stories, video clips or any other
media portraying any content that is deemed illegal in the United
States, or that violates the personal or property rights, such as,
without limitation, the following:
(i) any material that violates any State or Federal
laws concerning obscenity; in connection therewith you agree to assume
the sole responsibility and duty to ensure that all material on your
Web Sites shall be transmitted exclusively to willing adults and only
to geographical locations in which such materials comply with local
contemporary community standards; you further agree that the content
on your Web Sites shall not contain any depictions of urination or
other excretory functions, bestiality, fisting, incest, rape, sexual
assault, actual physical violence, torture or disfigurement;
(ii) any material that is displayed or transmitted in
a way as to constitute harmful matter or indecent communications to
minors;
(iii) any material which constitutes child pornography,
i.e., any material in which persons under the age of eighteen are
depicted in actual, simulated or suggestive sexual situations (ANY
WEB SITE FOUND TO POSSESS OR DISPLAY ANY CHILD PORNOGRAPHY WILL BE
REPORTED IMMEDIATELY TO THE APPROPRIATE LAW ENFORCEMENT AGENCIES);
(iv) any material which involves depictions of nudity
or sexuality by an age inappropriate-looking performer (i.e. someone
who looks younger than 18 years of age regardless of the person's
actual age), or by a performer who is portrayed or made to appear
to be a person under the age of 18 years of age by virtue of the script,
make-up, demeanor, costuming, setting, etc.
(v) any photographic or other visual material that does
not fully comply with the federal labeling and record-keeping laws,
specifically 18 U.S.C. section 2257;
(vi) any material which is threatening, abusive, hateful,
defamatory, libelous, slanderous, scandalous or injurious to the reputation
of any person or entity;
(vii) any material which constitutes an infringement,
misappropriation or violation of any person's intellectual property
rights such as copyrights, trademark rights, rights of publicity,
patent rights, personal property rights, privacy rights or other rights;
(viii) any false, misleading, fraudulent or deceptive
content;
(ix) any program, file, data stream or other material
which contains viruses, worms, "Trojan horses" or any other destructive
feature, regardless whether damage is intended or unintended, which
may cause damage to any computer equipment, loss or corruption of
data or programs or inconvenience to any person.
(X) No site will be accepted if it depicts the name,
image or likeness of Alicia Silverstone, Britney Spears, Alyssa Milano,
Angelina Jolie, Anna Kournikova, Barbara Mandrell, Caprice Bourket,
Christina Aguilera, Cameron Diaz, Christina Applegate, Christina Ricci,
Cindy Crawford, Denise Richards, or Drew Barrymore in any fashion.
11. You understand and agree that if CyberSexNetwork.com
concludes, in its sole and absolute discretion, that a participating
Web Site contains content that CyberSexNetwork.com concludes is illegal
in the United States or that violates the personal or property rights
of others, CyberSexNetwork.com has reserved the right, without prior
notice, to remove the Web Site and any of its content from its Links
Page and to immediately terminate and de-activate the account of the
participating Web Site.
12. You agree that when and if your site is going to
be temporarily unavailable, it is your sole responsibility to e-mail
support at support@cybersexnetwork.com with an estimated length of
downtime so CyberSexNetwork.com may arrange to keep your account open
during the duration of your downtime.
13. You acknowledge that you understand that it is CyberSexNetwork.com's
policy and practice regularly to check the Links pages for bad links.
If CyberSexNetwork.com comes across a site that we cannot access,
or if we cannot locate the CyberSexNetwork.com script - that link
will be removed from the Links pages. You further understand and agree
that after a period of 60 days of inactivity (no new sales), webmasters
shall automatically lose claim on any reoccurring commissions owed
to them, and that any commissions or payment(s) otherwise due to a
web master of an inactive site will thereupon automatically be forfeited
and shall be the sole property of CyberSexNetwork.com.
14. You understand and agree that the name of your Web
Site on our Links Page must match the name displayed on your Web Site.
You may not add numerical or non-alphanumerical characters to your
Web Site name to get listed higher in the Links pages. You further
agree that Web Site names may be changed at our discretion.
15. You understand and agree that only sites using the
CyberSexNetwork.com script to protect their site or a portion of their
site will be listed on the Links Pages.
16. You understand and agree that if your Web Site is
seen with blind links of any kind your Web Site will be removed off
of our links pages without warning.
17. You understand and agree that if your Web Site is
seen with blind links to the sign-up pages and CyberSexNetwork.com
concludes, in its sole and exclusive discretion, that you are abusing
our webmaster programs, your participation and listing in the CyberSexNetwork.com
Webmaster Links Page and Search Engine can be immediately terminated
by CyberSexNetwork.com without any prior notice to you. Upon such
termination, you will lose all claims on any reoccurring commissions
owed to you and any commissions or payment(s) otherwise due to you
will be forfeited and automatically become the sole and exclusive
property of CyberSexNetwork.com.
18. You understand and agree that Web Sites that only
participate in the Banner Program will not be listed on the Links
Page.
19. You understand and agree that if CyberSexNetwork.com
concludes you have broken or violated any of these policies, CyberSexNetwork.com
reserves the right, in its sole and absolute discretion, to terminate
your participation in the CyberSexNetwork.com program or network.
Upon termination, you will lose all claim or right to any reoccurring
commissions to which you might otherwise be entitled as a participating
member of the CyberSexNetwork.com program or network and all such
commissions will be forfeited and automatically become the sole and
exclusive property of CyberSexNetwork.com.
20. Limitation of Liability. NEITHER PARTY SHALL BE
LIABLE TO THE OTHER PARTY (OR TO ANY PERSON CLAIMING RIGHTS DERIVED
FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST PROFITS,
LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE, AND FURTHER INCLUDING
INJURY TO PROPERTY, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER
TERM OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY ALLEGEDLY
LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE
POSSIBILITY THEREOF. EACH PARTY ACKNOWLEDGES THAT THE FOREGOING PROVISIONS
REFLECT AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE
RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT,
THAT SUCH VOLUNTARY RISK ALLOCATION WAS A MATERIAL PART OF THE BARGAIN
BETWEEN THE PARTIES, AND THAT THE ECONOMIC AND OTHER TERMS OF THIS
AGREEMENT WERE AGREED TO BY THE PARTIES IN RELIANCE ON SUCH VOLUNTARY
RISK ALLOCATION
21. Either party shall be excused from delays in performing
or from its failure to perform hereunder to the extent that such delays
or failures result from causes beyond the reasonable control of such
party, including, without limitation, acts of God, nature, any government
agency(ies), war, civil disturbance, labor disputes or shortages,
electrical or mechanical breakdowns, inability or refusal of a common
carrier to provide communications capabilities, or any other cause
beyond either party's direct control, including but not limited to,
the issuance of an order by any regulatory, administrative, judicial
or legislative prohibiting or interfering with either party from carrying
on its day-to-day operations as contemplated under this Agreement.
22. Nothing in this Agreement shall constitute or be
construed to constitute or tending to create an agency, partnership,
joint venture, master-servant or employer-employee relationship between
CyberSexNetwork.com and You, in any respect, any other provision of
this Agreement notwithstanding.
23. No delay or omission by either party hereto to exercise
any right or power occurring upon any noncompliance or default by
the other party with respect to any of the terms of this Agreement
shall impair any such right or power or be construed to be a waiver
thereof. The terms and conditions of this Agreement may be waived
or amended only in writing and only by the party that is entitled
to the benefits of the term(s) or condition(s) being waived or amended.
A waiver by either of the parties hereto of any of the covenants,
conditions, or agreements to be performed by the other shall not be
construed to be a waiver of any succeeding breach thereof or of any
covenant, condition, or agreement herein contained (whether or not
the provision is similar).
24. Arbitration Provision, Governing Law, Consent To
Jurisdiction & Venue. Any controversy or claim arising out of or relating
to this Agreement, or the breach thereof, shall be settled by arbitration
in Los Angeles in accordance with the Commercial Arbitration Rules
of the American Arbitration Association, and judgment upon the award
rendered by the arbitrator(s) may be entered in any court of the State
of California having jurisdiction thereof. This Agreement shall be
governed by and construed in accordance with the laws of the State
of California, without reference to the choice of law provisions thereof.
All aspects of all actions brought relating to the subject matter
of this Agreement shall be governed by California law, without reference
to the choice of law provisions thereof.
24.1 In the event that any claim or controversy regarding
this Agreement is litigated in court, the parties hereto hereby consent
to the exclusive jurisdiction and venue of the United States District
Court for the Central District of California or the Superior Court
of Los Angeles County for any action that may be brought in connection
with this Agreement other than a cross-claim for indemnification brought
in response to a claim of infringement filed in another court. In
the case of a cross-claim for indemnification, Consultant agrees to
be subject to the jurisdiction and venue of the court in which the
infringement claim is brought, provided that LFP is also subject to
jurisdiction and venue in that court.
25. Each party to this Agreement acknowledges that this
Agreement constitutes the entire Agreement of the parties with regard
to the subject matters addressed in this Agreement, that this Agreement
supersedes all prior or contemporaneous agreements, discussions, or
representations, whether oral or written, with respect to the subject
matter of this Agreement, and that this Agreement cannot be varied,
amended, changed, waived, or discharged except by a writing signed
by all parties hereto. Each party to this Agreement further acknowledges
that no promises, representations, inducements, agreements, or warranties,
other than those set forth herein, have been made to induce the execution
of this Agreement by said party, and each party acknowledges that
it has not executed this Agreement in reliance on any promise, representation,
inducement, or warranty not contained herein.
26. If any provision of these Terms and Conditions is
held to be unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable.
27. You may notify or contact CyberSexNetwork.com by
email at legal@cybersexnetwork.com or telephonically at 1818-548-5400.
28. We are not accepting any NEW Webmaster applications
from the following countries...Russia, Indonesia, Armenia, Iran, Iraq,
Turkey, Israel, Libya, Jordan, Ukraine, Belarus, Romania, Malaysia,
Afghanistan, Pakistan, Lebanon, Netherlands, Yugoslavia, Belgium,
Philippines.
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