This web page represents a legal document and is the Terms of Service (Agreement) for our Website, RecessionGirlz.info (which also includes our customer-facing site, RecessionGirlz.com), as owned and operated by Diversity Entertainment Group, Inc., d/b/a Recession Girlz (DEG). It was last updated on April 8, 2011. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.
The terms “us” or “we” or “our” refers to DEG, the owner of this Website.
A “Visitor” is someone who merely browses our Website.
A “Customer” is a person that has registered with our Website to use our Service.
A “Star” is a person that has registered with DEG to provide entertainment services through our Service to Customers. We may also refer to a Star as a “Member” of our Website.
A “Performance” is the online multi-media experience that a Star provides to a Customer through our Service.
A “User” is a collective identifier that refers to either a Visitor or a Member.
All text, information, graphics, audio, video, and data offered through our Website, whether free to all or part of our paid Service, are collectively known as our “Content”. We may refer to Content (including Performances) provided by our Members as “Member Content.”
DEG provides a service (Service) through which Stars can signup to interact in a community environment with our Customers for adult entertainment purposes. Our Terms of Service relates to your legal rights and duties while using our Website, Content, and Service.
Acceptance of Agreement
This Agreement is between you and DEG and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
This Agreement constitutes the entire and only Agreement between you and DEG, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Content, Service, and the subject matter contained herein. For Stars, in order for you to use our Service, you will also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Service.
Additional Agreements for Stars
To become a Star on our Website and participate in our Service, you must also execute certain written agreements with DEG.
DEG grants you a non-exclusive, non-transferable, revocable license to access and use our Website, Content, and Service strictly in accordance with this Agreement. Your use of our Website and Service are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website, Content, or Service may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, and Service provided therein.
Our Relationship to You
DEG relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and DEG.
Eligibility and Registration for Membership
You may view some of our Content without becoming a Member of our Website. However, to use our Service, you must register with our Website and become a Member. Your membership is not transferable or assignable and is void where prohibited. Our Service is intended solely for people at least age 18 years of age or older, depending on your state’s age of majority for entering into binding contracts. Any registration by anyone under such age, is unauthorized, unlicensed and in violation of these Terms of Service. By using our Service, you represent and warrant that you are at least 18 or older, can enter into binding contracts, and that you agree to and to abide by all of the terms and conditions of this Agreement. DEG has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.
When you complete the registration process, you will receive a password that will allow you to access our Service. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security. You agree that DEG cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
As a Star, you understand that you are an independent contractor to DEG and are solely responsible for your own actions. You understand that we do not make any warranties, guarantees, endorsements, or recommendations with regards to our Service. You are solely responsible for all aspects of any Performance you offer through our Service.
Members post their own content to our Website through our Service. Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee the quality, accuracy or integrity of such content. DEG is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, DEG will submit all necessary information to the proper authorities.
If any Member Content is reported to DEG as being offensive or appropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by DEG. Should the Member fail to meet such a request, DEG has full authority to either restrict the Member’s ability to post Member Content OR to immediately terminate the membership of the Member, without further notification to the Member. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion.
Members are responsible for complying with all applicable laws for their content, including copyright and trademark laws. Members shall always respect copyright and trademark laws. You warrant that you will not use our Service to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.
As a Member, you agree not to use our Service to do any of the following:
1) Upload, post or otherwise transmit any Member Content that: violates any local, state, federal, or international laws. Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party. Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable. Links directly or indirectly to any materials to which you do not have a right to link. Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, government issued tax or identification numbers and credit card numbers. 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, or to extract information from our Website or Service. Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements) in the sole judgment of DEG, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Service, or which may expose DEG, our affiliates, or our Users to any harm or liability of any type.
2) Use our Content to: develop a competing website or help anyone else to do the same. Create compilations or derivative works as defined under United States copyright laws. Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism. Decompile, disassemble or reverse engineer our Website, Service, and any related software. Use our Website or Service in any manner that violates this Agreement or any local, state, federal, or international laws.
3) Use your Member account to: allow another person to login as you. Violate any local, state, federal, or international laws.
Termination of Your Account
You understand and agree that if you violate this Agreement or any others you sign to become a Star on our Website, DEG reserves the right to automatically terminate your account without notice to you. You may also voluntarily terminate your account. You understand that if your account is terminated, you will lose access to all of your Member Content and that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our Website.
Our Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website, Content, or Service does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of DEG.
Our Content, as found within our Website and Service, is protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website, or Service does not grant you any ownership rights to our Content.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email (as found on the Contact Us page of our website) that contains the following information:
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 our Website;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.
Advertisers and Sponsors Disclaimer
Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in advertiser or sponsor materials. THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY DEG AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.
The opinions expressed on our Website are not necessarily the opinions of DEG. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Members are responsible for their own Member Content, where applicable, and may update their Member Content at any time without notice and at their sole discretion. We reserve the right to make alterations or deletions to the Content at any time without notice.
Errors, Corrections and Changes
We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We may make changes to our Website, Content, or Service at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website, Content, or Service.
DEG is not responsible or liable in any manner for any Content posted on our Website or in connection with our Service, whether posted or caused by Members of our Website, or by DEG. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit or share on our Website or Service, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on our Website, Service, or Product. DEG is not responsible for the conduct, whether online or offline, of any user of our Website or Service.
Our Website or Service may be temporarily unavailable from time to time for maintenance or other reasons. DEG assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications. DEG is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Service, including without limitation any software provide through our Website or Service. Under no circumstances will DEG be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website, Content, Service, or Products, or for any interactions between Users of our Website or Service, whether online or offline.
DEG reserves the right to change any and all Content, software and other items used or contained in our Website or Service, at any time without notice. Reference to any products, service, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Service.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE, SERVICE, AND PRODUCTS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DEG, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, SERVICE, AND PRODUCTS. DEG CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE, SERVICE, AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. DEG DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICE, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICE, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE, SERVICE, AND PRODUCTS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DEG. OUR WEBSITE AND SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, SERVICE, AND PRODUCTS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
DEG, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) Performances provided by Stars; (b) any errors in or omissions from our Website, Content, Service, or Star Performances; (c) the unavailability or interruption of our Website or Service; (d) your use of our Website, Content, Service or Star Performances; or (e) any delay or failure in performance of our Website and Service.
STARS PROVIDING PERFORMANCES FOR DEG ARE INDEPENDENT CONTRACTORS AND MEMBERS OF OUR WEBSITE AND SERVICE AND ARE NOT AGENTS OR EMPLOYEES OF DEG. DEG AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. DEG AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO WARRANTY, REFUND, OR OTHER RESTITUTION WITH REGARDS TO SERVICES OF STARS TO YOU FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, DELAYS, CANCELLATIONS, OVERBOOKINGS, STRIKES, GOVERNMENTAL ISSUES, OR FORCE MAJEURE. AT ALL TIMES YOU WILL LOOK TO THE STAR FOR ANY REMEDIES AND RIGHTS YOU MAY HAVE WITH REGARDS TO THE SERVICES RECEIVED FROM THEM.
IN NO EVENT WILL DEG OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICE, OR PRODUCTS, EVEN IF DEG IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DEG’S LIABILITY TO YOU 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 FOR THE PURCHASE GIVING RISE TO THE LIABILITY.
Use of Information and Member Content
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Linking to Our Website
You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.
Links to Other Websites
Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the Service, information, content and/or data of such third party websites. DEG has not control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
You agree to indemnify, defend and hold DEG and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website, Content, or Service.
Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the International Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Thousand Oaks, California, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in the State of California, United States, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.
This Agreement shall be treated as though it were executed and performed in Thousand Oaks, California, United States, and shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, or Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
18 U.S.C. 2257 Record Keeping Requirements Compliance Statement
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