SITE USER/MEMBER


TERMS AND CONDITIONS

Welcome to our Website, (hereinafter referred to as "Site"). Please read and agree to these terms and conditions before you utilize the services of our Site. This agreement contains important information and sets forth the entire agreement between you and the company. It is, therefore, very important that you completely read and fully understand this agreement because by your use or continued use of the Site or any of its related services, you will be expressly signifying that you agree to all the terms, conditions and other provisions set forth in this document. If you do not understand or do not expressly agree with all of the terms of this agreement you should leave the Site. This Agreement is subject to change at any time and changes are effective upon posting. Please review this Agreement when you log on to with your Membership and check the Date. If it is a later date than your prior use of this Site, you will know this Agreement has been amended and you should re-review these Terms and Conditions. Your use of this Site after changes have been posted shall constitute your acceptance of the amended terms. Only adults are authorized to use this site and services related to this site. Authorized access and use of the website, its databases, and functionality are limited to persons over the age of eighteen years.

1. Parties to this Agreement.

1.1. The parties to this agreement (the "Agreement") are You, the User or Member of this Site, and Xuandao Inc, (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the Site; the term "You", "Your", "Member" or "User" is used to refer to you, the user or member. The terms "You", "Your", and "Member" may be used interchangeably and nevertheless refer to both Members and Users of this Site.

1.2. You agree that this Agreement is subject to change by the Company at any time and changes shall become effective upon notice to Members by e-mail, posting on the Website with an updated date of the revised Terms and Conditions, or via hyperlink to the Website.

2. Member Representations and Acknowledgements.

2.1. All materials, including messages, and other communications, contained at the website are intended for distribution exclusively to adults. No persons under the age of eighteen (18) years (twenty-one (21) in places where eighteen years is not the age of majority) may directly or indirectly view or possess any of the contents of the website or place any orders for any goods or services advertised at or in the website. The minimum age to join is 18, 19 (in AL, DE and NE) and 21 (in MS).

2.2. You hereby acknowledge and represent that you know and understand that the independent members are not under the control of Company with regard to what they elect to post, except for guidelines and principles of the website, and by using this website, you acknowledge that a member has fairly broad discretion with regard to the material a member elects to post.

2.3. You further represent and warrant that you have read all of the Terms and Conditions of this Agreement and that your acceptance of these terms and conditions constitutes an unequivocal request on your part to receive, in whole or in part, messages from a member via the website.

2.4. You further represent, affirm and warrant that you are currently over the age of eighteen years (twenty-one (21) in places where eighteen years is not the age of majority) and are capable of lawfully entering into this agreement in the jurisdiction of your residence and present location.

2.5. You represent and warrant that all information supplied to the Company, including your name and email address, is accurate. You acknowledge and agree to provide to the Company, upon request, verification of information submitted by You.

2.6. You agree that your use of the Site, and use of all services provided on, in, at, through or in association with, the Site, will, at all times, be for personal and non-commercial purposes only.

2.7. You acknowledge that all materials on this website including all material posted by members are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company or others who have licensed use of such materials to the Company and your recording or download of such materials for commercial use or other distribution will violate such intellectual property laws. You agree to indemnify Company and its members from and against any and all damages and costs, including attorney's fees and costs arising from or related to your violation of such intellectual property rights.

2.8. You agree that You shall not use the Site on behalf of any other person or entity and that any and all passwords and accounts You use in, on, or in association with the Site and/or goods and services related thereto, are personal to You and are not transferable.

2.9. You acknowledge and agree that all offers and use of the Site and all materials and services available in, at, through or in association with the Site are void where prohibited by law, regulation, rule or custom.

2.10. You acknowledge that You understand that the Company does not authorize access to any part of the Site in any manner contrary to the express provisions of this Agreement.

2.11. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use any materials available at or through the Site in a manner or place not expressly authorized by the Company.

2.12. You hereby acknowledge that You understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Site to or by any person, INCLUDING YOU, who is located in any area where such material is prohibited.

2.13. You hereby acknowledge and agree that Company does not authorize access to any parts of the Site in any manner that bypasses this Agreement. You further acknowledge and agree that You may not "bookmark" photographs, video viewers or other materials inside the Site or directly access files designated as part of the Site except through appropriate authorization pages as specified by the Company and You further agree that You shall not attempt to do so.

2.14. You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Site in violation of the terms and conditions set forth herein, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other unauthorized use of materials in areas not authorized by your level of membership, in any manner, shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.

3. Cancellation of Membership.

3.1. Members can cancel their membership by visiting the customer service area of Site. Our customer service agents can also be reached via emailing at [email protected]

3.2. Company may terminate Member's membership and corresponding access to the Site at any time with or without cause by sending notice to Member at the email address Member provided in Member's application for membership or such other email address as Member may later provide to Site. Failure to provide Company an accurate email address shall be deemed a breach.

3.3. Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Member agrees that Company shall not be liable to Member or to any third party for any modification, suspension or discontinuance of the Site or services provided thereon.

4. Prohibited Acts.

4.1. This Site is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of this Site and shall not use the Site for any purpose including but not limited to: including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial e-mail to members, sending advertisements for other websites and services in this site's chat rooms, or using member personal identifying information for commercial purposes ("Prohibited Acts"). Prohibited acts shall also include:

  1. Any activities that are considered illegal according to your local community standards;
  2. Allowing anyone under the age of 18 to access the website;
  3. Allowing other people to login and use your account;
  4. Impersonating other users, website administrators or law enforcement officials;
  5. Misrepresentation of gender;
  6. Fraudulently acquiring a membership;
  7. Any activity that promotes other websites.

4.2. Illegal and/or unauthorized uses of the site, including the Prohibited Acts will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and/or termination of membership at Company's sole discretion. In order to prevent the sending of unsolicited commercial email or messages to its members, Company may take reasonable steps, including the limiting of the numbers of emails or messages sent or received by a member and electronically filtering or throttling or terminating e-mail.

5. Content Posted on the Site.

5.1. By posting content to any public area of Site, you automatically grant, and you represent and warrant that you have the right to grant, to Company, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing.

5.2. You are solely responsible for the content that you publish or display, including all communications (hereinafter, "post") on the Site, or transmit to other Company members, even if a claim arises after termination of your membership. The following is a partial list of the kind of content that is illegal or prohibited on the Site - content that:

  1. violates any copyright, trademark, privacy rights, right of publicity or other rights of any person or entity;
  2. is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. violates any federal, state, or local law in the United States or anywhere else in the world,
  4. ridicules, intimidates, embarrasses, disturbs, creates unwanted attention or discomfort, causes distress, harasses or advocates harassment of any other Member or any other person or entity;
  5. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  6. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  7. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  8. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  9. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  10. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  11. engages in commercial activities and/or sales without our prior written Company consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
  12. Any activity that promotes other webcam sites or webcam platforms.
  13. Any activity that is obscene, including without limitation, bestiality or any simulated or implied sexual acts with animals, any activity that involves blood, violent acts or torture, insertion of inappropriate foreign objects into physical orifices, or any acts that may be deemed to be obscene according to your local community standards.

5.3. This Site is intended to, and to the fullest extent possible shall be interpreted to, fall within the immunity from liability for content provided by third parties and members under the Communications Decency Act and nothing in this Agreement is intended to waive, remove, or circumvent such immunity. Member acknowledges and agrees that Company may delete any content, messages, photos or profiles (collectively, "Content") that in Company's sole judgment violates this Agreement or which might violate the rights, harm, or threaten the safety of Company and/or its Members. Company may investigate and take appropriate legal action in its sole discretion against anyone who violates these provisions.

5.4. Your use of the services on the Site, including the posting of your profile, must be consistent with any and all applicable laws and regulations.

5.5. For your protection, you may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

5.6. All information Member posts in his or her Member profile must be accurate, current and complete. A Member may use a screen name in any publically accessible profile.

5.7. Member acknowledges that a Member's profile (and the contents thereof) is not private and may be searchable by third-party publicly available search engines or by Members of affiliate Sites of Company.

6. Proprietary Rights.

6.1. Member agrees that

  1. Member will not use any robot, spider, other automatic device, or manual process to monitor or copy Site's web pages or the content contained herein without Company's prior express written consent;
  2. Member will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Site; and
  3. Member will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.

6.2. Members may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service.

6.3. Members will not transmit any chain letters or junk email to other Site members.

6.4. Members shall not use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.

6.5. Member shall not "stalk" or otherwise harass any person.

6.6. Member will not express or imply that any statements you make are endorsed by Company without Company's express prior written consent.

6.7. You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.

6.8. You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.

6.9. You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

6.10. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.

6.11. You will not "frame" or "mirror" any part of the Service or the Site. You also shall not use meta tags or code or other devices containing any reference to the Site or the services provided by the Site in order to direct any person to any other website for any purpose.

6.12. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the service of the Site or any software used on or for the Service or cause others to do so.

7. Copyright / DMCA Notice.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by others without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if anyone believes that their work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Company's Copyright Agent for Notice of claims of copyright infringement or those under the DMCA can be reached as follows:

[email protected]

It is the intention of Company to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.

8. MEMBERSHIP; FEES; CHARGES; CANCELLATION; REFUNDS.

By accepting a membership to the Site and by accessing the content of the Site Member authorizes the charges set forth below and agrees to the following terms and conditions:

  1. Depending on the membership program chosen, you will either be billed a Membership fee for the Site of $39.99 for a full membership, $89.97 (billed in 3 equal monthly installments of $29.99) for a quarterly membership, $49.99 for a premium messaging membership, OR $19.99 for a limited messaging membership, which will recur monthly until cancelled.
  2. You authorize automatically and without further notice continue to renew Member's monthly subscription to the Site for successive periods of approximately one month each at the same rate per month, or at the then applicable monthly membership rates.
  1. Unless and until Member notifies Company that Member wishes to cancel or terminate his/her Monthly Subscription to the Site, Member hereby agrees and authorizes Company or its designated agent or assignee to automatically renew Member's subscription to the Site on a continuing monthly basis and to charge Member's credit card, debit card or as an ACH debit to a checking account ("ACH"), or other approved facility, at the then applicable and posted rate for recurring monthly membership.
  2. TO CANCEL HIS/HER MONTHLY MEMBERSHIP MEMBER MUST NOTIFY THE COMPANY OF MEMBER'S CANCELLATION BY E-MAIL AT [email protected]
  3. All cancellations received by the Company will be effective upon receipt.
  4. Member hereby acknowledges and agrees that if Member cancels his/her Monthly Membership, or if Member's membership is cancelled by the Company, Member's username and password will be removed from the system as of the date of termination. Member shall not be entitled to any pro-rated or partial refund if Member cancels the Monthly Membership before the end of the then current Monthly Subscription Period. Member agrees that if Member cancels at any time after purchasing a Monthly Subscription to the Site (e.g., 20 minutes after Member signs up), Member will still be charged for the full Monthly Subscription period and the date of termination shall be the end of such paid period.
  5. Member hereby authorizes the Company, Company's authorized billing agent, or Company's successors or assigns, to charge Member's credit card (which Member hereby acknowledges was entered by Member into the sign-up page) debit card or ACH to pay for the ongoing Membership Fees to Site at the then current Membership Rate. Member further authorizes the Company to charge Member's credit card, debit card or ACH for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, Site. Member agrees to be personally liable for all charges incurred by Member during or through the use of Site. Member's liability for such charges shall continue after termination of Member's membership.
  6. All charges to Member's credit card, debit card or ACH for the paid Monthly Membership, under the terms and conditions of this Agreement, will be made in advance by automatic credit card, debit card or ACH and Member hereby authorize the Company and its agents, successors and assigns to process such transactions on Member's behalf.
  7. Membership fees to the Site are subject to change at the sole and absolute discretion of Company, however Member will be notified of any change in subscription fees and will have THREE days after notice to Member by Company to cancel or terminate Member's subscription to the Site.
  8. Credit card users may be subject to a preauthorization. The preauthorization is not a charge to the credit card. However, the then applicable monthly subscription rate may be reserved against the Member's available credit card limit. The Site will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent Member accounts. Contact your credit card issuing financial institution for details.
  9. Membership Fees. Member must be 18 years of age or older (21 years or older where the age of majority is 21) to receive a membership to Company Site.
  10. Customer service is our number one priority. Refunds will be given at the discretion of our customer service staff when requested within six months from date of purchase.; you must provide us with an adequate explanation on why you are requesting a refund so we can resolve issues that are happening with Site. Your IP Address and bandwidth usage will be looked at by the customer service staff to make a decision for your refund request. You may contact our customer service staff by email at: [email protected] or by calling the telephone number on your credit card statement.
  11. Prepaid Gift and Debit Cards which cannot be preauthorized for the full applicable monthly rate may be charged incrementally. This means that multiple charges for less than the full applicable monthly rate may occur within the same monthly billing cycle. In no event will the aggregate of these incremental charges exceed the full applicable monthly rate.

    9. Site Hosts.

    9.1. Members understand, acknowledge, and agree that some of the initial user profiles posted on this Site may be fictitious, and are associated with our Site Hosts, ("Hosts"). The Site's Hosts work for the Site in an effort to stimulate conversation with users, in order to encourage further and broader participation in all of our Site's services, including the posting of additional information and/or pictures to the users' profiles. The Hosts, together with customer service, serve to sample user activities and communications to ensure compliance with our Terms and Conditions. Members understand, acknowledge, and agree that the information, text, and pictures contained in the Hosts' profiles do not pertain to any actual person, but are included for the purposes above stated and for entertainment only. Nothing contained in any Host profile is intended to describe or resemble any real person - living or dead. Any similarity between Host user profile descriptions and any person is purely coincidental. Please also note that a single Host may be associated with more than one (1) profile on our Site.

    9.2. Members further understand, acknowledge, and agree that, from time-to-time, Hosts may contact both Members via computer-generated Instant Messages or emails for purposes of encouraging further or broader participation in our Site's services and/or to monitor user activity. These messages may be transmitted to multiple recipients at the same or similar time(s). Messages from Hosts will contain the uniform designation "Host" to notify the user that a message has been received from a Site Host. In the event the user responds to a Host message via email, the user may receive one or more additional personal or form responses from the Host. Members understand, acknowledge, and agree that no physical meeting will ever take place between Members and our Hosts, and that the exchange of messages between Members and Hosts is for entertainment purposes, as well as to encourage further or broader participation in our Site's services and/or to monitor user activities. Notwithstanding the above, the user is not guaranteed a response to any message sent to a Host (or another user).

    9.3. We reserve the right to utilize Hosts in connection with other features of our Site, either now existing, or to be developed in the future. Members understand, acknowledge, and agree that any involvement or communication with Hosts shall be subject to the conditions, limitations, and acknowledgements contained in this Section and elsewhere in this Agreement.

    9.4. Nothing contained in this Section shall create any right to, or expectation of, interaction between users and Hosts. Any question regarding Host participation on our Site should be directed to our Customer Service Department.

    10. Member Disputes.

    Company does not solicit or control the information provided by other Members that is made available through our system. You may find other Member's information to be offensive, harmful, inaccurate and/or deceptive. If so, please request a profile review using the link provided on the member's profile page or at various other places throughout the Site. Please also use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other Site members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed and/or used information on the Site, you release Company, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Company reserves the right, but has no obligation, to monitor disputes between you and other members.

    11. PROHIBITED DISTRIBUTION AREAS.

    All of the following areas constitute PROHIBITED AREAS from which no part of the Site may be accessed, viewed, downloaded or otherwise received:

    All parts of every geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Site would constitute a violation of any law, regulation, rule or custom, including the contemporary community standards of that jurisdiction with respect to the viewing, accessing or other use by adults of materials which consist of graphic, sexually explicit content.

    12. Links.

    The Site may provide, or third parties may provide, links to other World Wide Websites as a resource to our Members. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource. Company monitors the content in real time and will immediately take down anything illegal or offensive.

    13. Disclaimers.

    Company, including its officers, directors, agents, subsidiaries and employees is not responsible for any incorrect or inaccurate content posted on the Site or in connection with the Site service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the Site service whether online or offline. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of Member information or unauthorized access to, or alteration of, user and/or member communications. Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Site service. Under no circumstances will Company, be responsible for any loss or damage resulting from anyone's use of the Site or the service and/or any content posted on the Site or transmitted to Site Members. The Site and the service are provided "AS-IS" and Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Company cannot guarantee and does not promise any specific results from use of the Site service.

    14. Limitation on Liability.

    14.1. Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Company be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Site or the Company service, even if Company has been advised of the possibility of such damages. You further agree to hold Company, including its officers, directors, agents, subsidiaries and employees harmless for claims, costs or fees, including reasonable attorney's fees, arising out of or related to another Member's profile being offensive, harmful, inaccurate and/or deceptive. Notwithstanding anything to the contrary contained herein, Company 's liability to Member for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Company for the service during the term of membership.

    14.2. Members acknowledge that the Site provides electronic facilities for Members to communicate with each other, but that the Site undertakes no responsibility to monitor or control such communications between Members, and therefore assumes no responsibility for the content in such communications. Members are warned that communications with other Members may be made public by other Members and Members should act accordingly in their communications on this Site. Members hereby further agree to hold Company, including its officers, directors, agents, subsidiaries and employees harmless for any claims, costs or fees, including reasonable attorney's fees arising out of or related to such communications, including without limitation, liability for invasion of privacy, defamation, false light, and related torts.

    15. Spam Policy.

    As a responsible member of the cyber community, Company maintains a strict policy forbidding any third party from sending any sort of promotional emails on behalf of the Company or the Site that violate the Can-Spam Act. To make things even clearer for everybody, WE HAVE A ZERO TOLERANCE FOR SPAM. Moreover, the company itself only sends emails to persons who have registered on the site.

    16. U.S. Export Controls

    Software from this site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported

    1. into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or
    2. to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

    17. Choice of Law / Jurisdiction.

    These Terms of Use shall be governed by and construed in accordance with the laws of the State of California excluding its conflicts of law rules. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising out of or related to this Agreement, which are unable to be resolved informally, shall be resolved by binding arbitration in the State of California according the applicable rules of arbitration in the State of California. 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.

    18. Disclaimer of Warranties.

    The Site and all services 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:

    1. any warranties concerning the availability, accuracy, reliability, completeness, capabilities, security, timeliness, usefulness or content of the Site;
    2. any warranties resulting from a course of dealing or usage of trade
    3. 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 Site; and
    4. any warranties of merchantability or fitness for a particular purpose. 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 Site will be free of infection by viruses, or anything else manifesting contaminating or destructive properties, or
      2. that the functions performed by the Site will be uninterrupted or error-free or that defects in the Site will be corrected. It is your sole responsibility to execute anti-contamination/virus software and otherwise take steps to ensure that the Site, if contaminated or infected, will not damage your information or system.

    19. Indemnity.

    19.1. You agree to indemnify and hold Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the service and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

    19.2. You acknowledge that neither Company nor Site prescreens the Members or verifies the accuracy of descriptive information posted on the Site by Members. In the event you elect to share any personal information with another Member or arrange to meet another Member, you agree to take full responsibility for such activities and further agree to indemnify and hold Company, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees and costs, arising out of or related to such sharing of personal information or meeting another Member.

    20. Miscellaneous.

    20.1. Any notice required or permitted herein may be given by email to the Member at the email address provided by Member when Member registered as a Member, as may have been updated by Member notifying Company in writing, and to Company at: [email protected], or as an alternative with respect to Member, may be given by certified mail, postage prepaid and return receipt to the address provided by Member when Member registered as a Member, as may have been updated by Member notifying Company in writing. Notice shall be deemed given on the day following when the email is sent and five (5) days after the date of mailing. Company shall have fully discharged its responsibilities for notice herein by delivering notice to such email or mailing addresses and shall have no responsibility to undertake an investigation of new addresses if Member provided an incorrect email or mailing address or failed to update their addresses if such addresses changed.

    20.2. 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.

    20.3. To the extent that a court of competent jurisdiction determines that any specific term or terms of this Agreement is/are unenforceable, the other terms of these Terms and Conditions will continue in full force and effect.

    20.4. No employee, agent or representative, including without limitation any customer service representative, of the Company shall be entitled to waive any term of this Agreement. Company's failure to promptly act with regard to a breach of this Agreement by a Member shall not constitute a waiver of such breach or any other breach by Member.

    20.5. Headers of sections in these Terms & Conditions are included for convenience only and shall not be used to interpret these Terms & Conditions.

    20.6. This Agreement may be assigned by Company, in its sole discretion, to a third party. In the event of such assignment, Member hereby consents and authorizes Company to transfer his or her sign up information and credit card information to such assignee for the sole purpose of implementing the terms of this agreement and authorizes such assignee to charge Member purchases at this Site to Member's credit card on file with Company.

    21. General.

    This Agreement contains the entire agreement between the Member and Company regarding Members' use of this Site, Materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company. This Agreement shall be governed by and construed under the laws of the State of California as applied to agreements between residents of the State of California entered into and to be performed within the State of California. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.

    MEMBER HAS READ THE MEMBERSHIP AGREEMENT IN ITS ENTIRETY, UNDERSTANDS ITS TERMS, AND CONSENTS TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE MEMBERSHIP AGREEMENT. MEMBER REPRESENTS AND WARRANTS THAT MEMBER IS CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN THOSE JURISDICTIONS IN WHICH 21 IS THE AGE OF MAJORITY). MEMBER HEREBY AUTHORIZES THE USE OF MEMBER'S CREDIT CARD FOR PAYMENT OF CHARGES AND FEES FOR MEMBER'S OBTAINING A SUBSCRIPTION TO THE SITE.

    You may purchase Credits, to buy “virtual gifts”, using any of our available purchase methods, such as, by way of example only, credit card, bankcard or ACH. At the time you purchase Credits you will be provided with a variety of purchase options and different price points for purchases of Credits. Please note that other than a limited, personal, revocable, non-transferable, non-sublicensable license to use any Credits through the website, you have no right or title in or to any such Credit. We reserve the right to manage, regulate, control, modify and/or eliminate such Credits as we may determine in our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. Credits may not be transferred. Credits have no use in any "real-world" purpose including, by way of example only, trade, sale, or service outside of our website. You agree that all purchases of Credits are "final sale”, and no refund will be given in the event either you or we terminate your account. In the event that you make any Credits purchase and thereafter such purchase is declined, charged back or otherwise returned to you and we believe such action to be based upon fraud, you will be responsible to us for the return of all such moneys and, in the event we determine to institute legal proceedings against you for the return of such moneys, you shall be liable to us for all costs incurred by us in connection with such collection efforts including all fees, costs and attorney's fees. Credits can be purchased for these price points; $1.95 - 5 Credits, $2.99 - 15 Credits, $4.99 - 30 Credits, $6.99 - 45 Credits, $8.99 - 55 Credits, $9.99 - 65 Credits, $10.99 - 75 Credits, $12.99 - 90 Credits.