Last Updated: March 28, 2016
Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.
Minors prohibited. The Website may contain, or direct you to websites containing, adult oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. We forbid all persons who do not meet these age requirements from accessing the Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Child Pornography prohibited. We prohibit pornographic content involving minors. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us at [email protected]. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography.
1.1This Website provides a complete resource for users seeking 3D pornography on the Internet. On this Website, we offer reviews of websites containing 3D pornographic content, and we may offer special discounts for select pornographic websites. This Website and the websites we review contain graphic depictions of nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. While access to this Website is free and no registration is required, this Website is offered and available only to adults at least 18-years old who have reached the age of majority where they live.
1.3We offer this Website, the reviews, and the links for informational purposes only. By accessing this Website, you acknowledge that each review constitutes the mere opinion of the reviewer and that you should not rely on this Website or the reviews for advice of any nature. We are not responsible for the actions, decisions, or other behavior you take or do not take in reliance on this Website or the reviews contained on this Website. The reviews and other materials on this Website may be outdated, and we make no commitment to update them. Not all websites mentioned on this Website may be available at the time that you view them. You act at your own risk in relying on the contents of this Website.
1.4We may change these terms on one or more occasions by updating this page. The top of the page will tell you when we last updated these terms. Changes will take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. We will try to notify you when we change these terms if we can do so in a commercially reasonable manner. But you should frequently check this page to make sure that you are operating under the most current version of the terms. We will consider your continued use of the Website after we post the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Website.
1.5If you have any questions about these terms or any questions or comments about the Website, please email us at [email protected].
2.1The Website contains uncensored sexually explicit material unsuitable for minors. Only adults who are at least 18-years old and who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now.
2.2By accessing the Website, you state that the following facts are accurate:
(2.a)You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to agree to these terms;
(2.b)You are aware that you may be exposed to websites from a variety of niches that you may find offensive, obscene, or otherwise objectionable;
(2.c)You are aware of the pornographic nature of the content available on the Website and you are not offended by content depicting men or women in various sexual situations;
(2.d)You are familiar with your community’s laws affecting your right to access pornographic materials, including sexually explicit material depicting bondage, S/M, and other fetish activities;
(2.e)You have the legal right to access pornographic materials, including sexually explicit material depicting bondage, S/M, and other fetish activities, and we have the legal right to transmit them to you;
(2.f)You are voluntarily requesting pornographic materials for your own private enjoyment;
(2.g)You will not share these materials with a minor or otherwise make them available to a minor;
(2.h)You acknowledge that all reviews located on the Website are merely the opinion of the author;
(2.i)You acknowledge that the Company is not responsible for the content of any reviewed websites; and
(2.j)By entering the Website, you will have released and discharged the providers, owners, and creators of the Website from all liability that might arise, including actions that you take in reliance on any reviews, opinions, or comments found on the Website.
3.Intellectual Property Rights
3.1Ownership of Website
(1.a)We own or have a license to use:
(1.a.i)the Website, including its past, present, and future versions;
(1.a.ii)all webpages found within the Website;
(1.a.iii)all the material and information on the Website;
(1.a.iv)all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website; and
(1.a.v)all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, contained on the Website.
(1.b)Intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect the Website and its content. In using the Website or the content, you will comply with all governing intellectual property laws, and any specific notices contained on the Website.
We hereby grant you a nonexclusive, nontransferable license to access the Website and its content for your personal and noncommercial use in accordance with these terms. By “access,” we mean visit the Website, use its services, and view or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on the Website.
(3.a)The license granted in section 3.2 does not include any of the following:
(3.a.i)resale or commercial use of the Website;
(3.a.ii)distribution, public performance, or public display of the Website or the content;
(3.a.iii)changing or otherwise making any derivative uses of the Website and the content, or any part of the Website or the content, unless we specifically authorize change or derivative use in a separate written agreement with you;
(3.a.iv)use of any data mining, robots, or similar gathering or extraction methods;
(3.a.v)downloading (other than webpage caching) any portion of the Website or the content except as permitted on the Website; or
(3.a.vi)any other use of the Website or the content other than for its intended purpose.
(3.b)Your license to access the Website does not transfer ownership of or title to a copy of any content that you view or print, and we only authorize you to use your copy in accordance with these terms. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the Website or the content except as authorized by these terms will terminate the license granted here. Unauthorized use of the Website or the content may also violate intellectual property laws or other laws. Unless stated here, nothing in these terms should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We may revoke this license at any time.
4.1The Company name and logo and the Website domain name are the trademarks of the Company, and must not be copied, imitated, or used, in whole or in part, without the Company’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and trade dress of the Company, and must not be copied, imitated, or use, in whole or in part, without the Company’s advance written permission.
4.2Other names of actual companies, products, or services mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with the Company, or that those owners endorse or have any affiliation with the Website. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other “hidden text” using marks that belong to the Company and its licensors, without advanced written permission from the Company or the third party who may own the mark.
5.1You are solely responsible for all acts and omissions that occur because of your use of the Website. As a condition of your access of the Website and your continued access of the Website, you must:
(1.a)Comply with all laws and regulations of any governmental body that apply to your access to the Website and its content, including laws relating to the Internet, data, email, privacy, or the sending of technical data exported from the United States or the country where you live;
(1.b)Not use the Website for any unlawful purpose or in any way that is prohibited by these terms or that exposes us to civil or criminal liability;
(1.c)Not use the Website to infringe on the intellectual-property rights of another person, including to make, obtain, post, or otherwise access illegal or infringing copies of copyrighted content;
(1.d)Not use the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, infringing, or illegal material to any other user of the Website or to any other person;
(1.e)Not use the Website to exploit or harm or to try to exploit or harm minors by exposing them to inappropriate content, asking for personal information, or otherwise;
(1.f)Not use the Website to harass, stalk, or otherwise invade the privacy of another person (including the dissemination of personal information);
(1.g)Not use the Website to promote the physical harm or injury of any individual or group, or promote any act of cruelty to animals;
(1.h)Not use the Website to engage in false or deceptive advertising or trade practices;
(1.i)Not impersonate another person during your use of the Website;
(1.j)Not use any automated means—including robots, spiders, crawlers, or data mining tools—to download, monitor, or use data or content from the Website or otherwise access any content on the Website through any technology or means other than those provided or authorized by the Website;
(1.k)Not attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
(1.l)Not use the Website to collect email addresses for sending unsolicited messages;
(1.m)Not collect or harvest any personally identifiable information from the Website;
(1.n)Not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;
(1.o)Not forge headers or otherwise manipulate identifiers to disguise the origin of any information you send;
(1.p)Not disable, circumvent, or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of content, or features that enforce limits on the use of the Website or the content on it, including any digital rights management (DRM) functionality;
(1.q)Not remove any proprietary notices or labels—including copyright, patent, service mark, or trademark notices—on the content;
(1.r)Not try to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
(1.s)Not post, link to, or otherwise make available on the Website any content that contains software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any software, hardware, or telecommunications equipment;
(1.t)Not send, create, or reply to so-called “mail bombs” (that is, emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent); engage in “spamming” (that is, unsolicited emailing for business or other purposes); or undertake any other activity that may adversely affect the operation or enjoyment of the Website by another person;
(1.u)Not copy, distribute, or disclose any part of the Website in any medium, including by any automated or non-automated “scraping;”
(1.v)Not reproduce, sell, resell, or otherwise commercially exploit or make available the Website or its content to any other person;
(1.w)Not “frame” or “mirror” the Website; or
(1.x)Not reverse engineer any part of the Website.
5.2We may change, limit, or cancel your access if you fail to comply with this section. Unauthorized use of the Website or the content may also violate various laws, including copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We will take appropriate action against you for any unauthorized use of the Website or the content, including civil, criminal, injunctive relief, and termination of your access.
The Website contains links to third-party websites and resources. You acknowledge that we are not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by us of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Through the Website, you will have the ability to access or use content provided by third parties. We cannot guarantee that third-party content will be free of material you may find objectionable or otherwise. We will not be liable to you for your access or use of any third-party content.
8.2By accessing the Website, you acknowledge that Internet transmissions are never completely private or secure. You also acknowledge that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission is encrypted.
8.3We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.
9.1Termination on Notice
Either party may terminate this agreement at any time by notifying the other party.
9.2Termination by Us
We may suspend, disable, or cancel your access to the Website (or any part of it) if we determine that you have breached these terms or that your conduct would tend to damage our reputation and goodwill. If we terminate your access for any of these reasons, you must not access the Website. We may block your email address and IP address to prevent further access.
9.3Effect of Termination
On termination, your right to access the Website and all licenses granted by us terminates. These terms will survive the termination of your access to the Website, including the disclaimers and limitations of liability.
10.Reliance on Information Posted
10.1We make the information presented on or through the Website available for general information purposes only. We are not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We will not be liable for any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
10.2The Website may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of the Company. We will not be liable to you or any other person for the content or accuracy of any materials provided by any third parties.
11.Changes to the Website; Availability
11.1Although we may update the content on the Website on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update that material. If you believe you have found errors or omissions on the Website, you can bring them to our attention by contacting us at [email protected].
11.2While we will try to make sure that the Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.
12.Compliance with Law
The Company is located in the state of Alaska in the United States. We are not making any statement that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with all local laws.
13.1You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
13.2Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. We provide the Website, its content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranties, either express or implied. We are not making any warranty about the completeness, security, reliability, quality, accuracy, or availability of the Website. We are not making any warranties (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
13.3We are not making any warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, title, noninfringement, privacy, and fitness for particular purpose.
14.1We will not be liable to you for any of the following:
(1.a)Errors, mistakes, or inaccuracies of content;
(1.b)Personal injury or property damage resulting from your access to and use of the Website;
(1.c)Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
(1.d)Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your transmissions or data;
(1.e)Interruption or cessation of transmission to or from the Website;
(1.f)Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
(1.g)Incompatibility between the Website and your other services, hardware, or software;
(1.h)Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
(1.i)Loss or damage incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.
14.2You hereby release us from all liability arising out of the conduct of other users or nonparties, including disputes between you and one or more other users or third parties.
15.1Unless caused by our gross negligence or our intentional misconduct, we will not be liable to you for any direct, indirect, special (including so-called consequential damages), punitive, or exemplary damages—regardless of theory of liability or foreseeability—arising out of your access or your inability to access the Website or the content.
15.2We also will not be liable to you—regardless of theory of liability—for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.
15.3If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. Our maximum liability to you for any claim will not exceed $1.
16.Scope of Disclaimers, Exclusions, and Limits
The disclaimers, exclusions, and limits stated in sections 13, 14, and 15 apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits might not apply to you.
17.Loss Payment (aka Indemnification)
You will pay us for any loss of ours that is caused by any of the following:
(1.a)your access of the Website;
(1.b)your conduct on the Website;
(1.c)your breach of these terms;
(1.d)your violation of rights of another person;
(1.e)your violation of law;
(1.f)your negligent or intentional conduct; or
(1.g)your criminal conduct.
But you are not required to pay if the loss was caused by our intentional misconduct.
(2.a)“Loss” means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.
(2.b)A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
17.3Our Duty to Notify You
We will use reasonable efforts to notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be compelled to pay. But our failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to mitigate losses.
17.4Legal Defense of a Claim
We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we will cooperate with each other in good faith on a claim.
Our rights under this section do not affect other rights we might have.
18.Governing Law; Place for Resolving Disputes
18.1The laws of the state of Alaska—without giving effect to any conflicts of law principles—govern all matters arising out of or relating to the Website or these terms. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a “sale of goods.”
18.2Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or these terms will be subject to the exclusive jurisdiction and venue of the United States District Court for the District of Alaska or any state court in Alaska. Each party hereby submits to the personal jurisdiction of the United States District Court for the District of Alaska and state courts in Alaska to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
18.3For purposes of this section, the Website will be deemed solely based in the state of Alaska and will be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in any other jurisdiction.
Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to the Website or these terms.
Either party may elect to litigate the following type of case or controversy:
(2.a)an action seeking equitable relief, or
(2.b)a suit to compel compliance with this dispute resolution process.
(3.a)If the parties cannot settle a dispute arising out of or relating to the Website or these terms through negotiation after 30 days, either party may, by notice to the other party and the International Institute of Conflict Prevention & Resolution (“CPR”), demand mediation under the Mediation Procedure of CPR.
(3.b)Mediation will take place in North Pole, Alaska. The language of the mediation will be English. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing.
(3.c)Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial discussion between the mediator and the parties.
(4.a)If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to the Website or these terms by arbitration administered by CPR under its Rules for Administered Arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable.
(4.b)A single arbitrator will preside over the arbitration and issue a final award on all issues submitted to the arbitrator. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
(4.c)Arbitration will take place in North Pole, Alaska. The language of the arbitration will be English. The parties will bear equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case.
(4.d)The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of these terms, plus any post-award proceedings. The arbitrator’s authority to grant relief will be subject to the provisions of these terms and the CPR Code of Ethics for Arbitrators in Commercial Disputes.
(4.e)Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these terms without the advance written consent of both parties.
19.5Right to Injunctive Relief
You acknowledge that breach by you of your obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. If any breach occurs or is threatened, the Company may seek an injunction, a restraining order, or any other equitable remedy, in each case without posting a bond or other security and without proof of actual damages.
19.6Recovery of Expenses
(6.a)In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
(6.b)For purposes of section 19.6(a), “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
19.7Jury Trial Waiver
Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Website or these terms. Either party may enforce this waiver up to and including the first day of trial.
The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither you nor the Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
A party will not file a claim arising out of or relating to the Website or these terms more than one year after the cause of action arose. Any claim brought after one year is barred.
These terms constitute the entire agreement between you and us about your access to the Website. It supersedes all earlier or contemporaneous terms between you and us about access to the Website. A printed version of these terms will be admissible in any proceedings arising out of (or relating to) these terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.
20.2Copy of these Terms
You may—and we recommend that you—print these terms on your printer or save them to your computer. If you have trouble printing a copy, please contact us at [email protected] and we will email you a copy.
We may change these terms on one or more occasions. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of the terms. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While we will try to notify you when we make changes to these terms, we do not assume an obligation to do so, and it is your responsibility to frequently check this webpage to review the most current terms. By continuing to use the Website after we post changes to these terms, you agree to the revised terms. If you do not agree to the revised terms, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at [email protected].
20.4Assignment and Delegation
We may assign our rights or delegate any performance under these terms without your consent. You will not assign your rights or delegate your performance under these terms without our advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this provision is void.
If either party fails to require the other party to perform any provision of these terms, that failure does not prevent the party from later enforcing that provision. If either party waives the other’s breach of a provision, that waiver is not treated as waiving a later breach of the provision.
If any part of these terms is for any reason held to be unenforceable, the rest of it remains fully enforceable if the essential provisions of these terms for each party remain valid.
(7.a)Sending Notice to Us
You may send notice to us by email at [email protected] unless a specific email address is set out for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
(7.b)Sending Notice to You—Electronic Notice
You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
20.8Rights and Remedies Cumulative
All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
20.9Successors and Assigns
These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under these terms.
We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:
(10.a)Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
(10.b)War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
(10.d)Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
(10.e)Failure of the telecommunications or information services infrastructure; and
(10.f)Hacking, SPAM, or any failure of a computer, server, network, or software.
20.11Permission to Send Emails to You
20.12Electronic Communications Not Private
We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
20.14Consumer Rights Information—California Residents Only
This provision applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
Raw Dog Marketing LLC
P.O. Box 55793
North Pole, Alaska 99705
We do not charge consumers to access the Website. You may contact us at [email protected] to resolve any disputes or to receive further information about the Website.
You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
20.17Your Comments and Concerns
The Website is operated by Raw Dog Marketing LLC, which is located at P.O. Box 55793, North Pole, Alaska 99705. You should direct all feedback, comments, requests for technical support, and other communications relating to the Website to [email protected].
In these terms, the following usages apply:
(18.a)Actions permitted under these terms may be taken at any time and on one or more occasions in the actor’s sole discretion.
(18.b)References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
(18.c)References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to 6.1, 6.1(a), etc.
(18.d)In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
(18.e)References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
(18.f)“A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
(18.g)“Including” means “including, but not limited to.”