LEGAL NOTICE: YOUR
AGREEMENT TO THE TERMS AND CONDITIONS OF THIS MEMBERSHIP
AGREEMENT IS REQUIRED FOR YOU TO BECOME A MEMBER OF THIS
WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, YOU WILL NOT BE ACCEPTED AS A MEMBER AND YOU
WILL NOT BE PERMITTED TO ACCESS OR VIEW THE CONTENT IN
THE MEMBERS-ONLY PORTION OF THE WEBSITE.
PLEASE READ ALL THE PROVISIONS
OF THIS MEMBERSHIP AGREEMENT CAREFULLY. YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CLICKING THE
“I ACCEPT” BUTTON AT THE END OF THESE TERMS AND
CONDITIONS WILL CONSTITUTE YOUR ACKNOWLEDGEMENT THAT
THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND
ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE.
1.
PARTIES TO THIS AGREEMENT AND CONSIDERATION. The parties
to this Membership Agreement (the “Agreement”) for
ASHLEYEVANS.COM (the “Website”) are You, the Member, and
Pleasure Broker Corporation, (the "Company"). As used in
this Agreement, the terms "we," and "us" are used
interchangeably to refer to the Company and the Website;
the term "You" and "Your" is used to refer to You, the
Member and Subscriber.
1.1 Subject to Your acceptance of the terms and
conditions set forth in this Agreement (as evidenced by
your submission of an application for membership) and
the payment of all required membership fees, the Company
agrees to provide to You all the privileges of
Membership including access to the Members-only
materials at the Website which are available to a Member
in good standing.
1.2 The extent of Your access rights to the contents of
the Website will be determined by the membership plan
that You purchase.
1.3 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 at
or via hyperlink to the Website, or by mail. You may not
alter, delete, add or change or edit any of these terms
and conditions, and any such attempted alteration shall
be void and of no effect.
1.4 You agree Any action on Your part to Bookmark to a
page on this Website whereby the Warning Page, the Age
Verification Page, and/or the Terms and Conditions of
Membership Page is bypassed shall constitute an implicit
acceptance by You of all the Terms and Conditions set
forth herein as well as an explicit acknowledgement by
You of the fact that You are an adult and at least 18
years of age or of the age of majority under the laws of
Your state, province or country.
2.
SEXUALLY EXPLICIT MATERIAL.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER
COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED
FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN
LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER
COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE
ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL
LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER
COUNTRY. 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.
2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW
AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR
DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL,
AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL
ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL,
BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN
EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH
MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY
SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND
CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU
ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH
EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.
3.
AGE OF MAJORITY. NO PERSONS UNDER THE AGE OF EIGHTEEN
(18) YEARS (TWENTY-ONE (21) IN JURISDICTIONS WHERE
EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY
DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE
MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT, IN OR THROUGH THE WEBSITE.
3.1 YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE
CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY
ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE
AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING
INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
4.
GRANT OF LIMITED LICENSE WITH RESERVATIONS. In
consideration of the payment of membership fees,
together with certain representations and agreements
made by You under the terms and conditions of this
Agreement, and subject to the terms and conditions set
forth in this Agreement, the Company hereby grants You a
limited, nonexclusive and nontransferable license to use
the materials contained in, or made available through
this Website (hereafter “Materials”) solely for Your
private personal non-commercial use, as provided by the
Company during the period in which You are a Member in
good standing.
4.1 You acknowledge and agree that all Materials
contained at the Website are proprietary and constitute
valuable intellectual property owned by the Company or
others who have licensed use of such Materials to the
Company. You acknowledge and agree that as such You may
access, view, download, receive and otherwise use the
Materials available at the Website only as specifically
authorized by the Company and in accordance with the
terms and conditions of Your membership, only on one
computer at a time and, if downloadable copies of the
Materials are made available to You by the Website, You
may make only a single copy of such Materials for Your
own personal noncommercial use and enjoyment. You
further acknowledge that the Company specifically
prohibits you from doing any of the following acts, and
you agree not to do any of these prohibited acts:
(a) permitting other individuals to directly or
indirectly use the Materials;
(b) modifying, translating, reverse engineering,
decompiling, disassembling the Materials (except to the
extent applicable laws specifically prohibit such
restriction);
(c) making copies or creating derivative works based on
the Materials, except as provided herein;
(d) renting, leasing, or transferring any rights in the
Materials;
(e) removing any proprietary notices or labels on the
Materials; and,
(f) making any other use of the Materials not expressly
permitted herein.
4.2 You further represent and warrant to the Company
that your agreement to these terms and conditions
constitutes an agreement that You shall not access, or
attempt to access, any Materials available at the
Website in a manner not expressly authorized by the
Company. 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 Materials, directly or
indirectly in places which the Company does not
authorize such access, viewing, downloading, receipt or
other use.
4.3 You hereby acknowledge that you understand that the
Company (and all persons affiliated therewith) does not
authorize the accessing, viewing, downloading,
duplication, receiving, transmission, broadcasting or
other use of the Materials contained on the Website to
or by any person, INCLUDING YOU, who is located in any
of the areas designated as PROHIBITED AREAS.
4.4 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 Website, in which You are directly or
indirectly involved, including, but not limited to
accessing, viewing, downloading, receiving or other use
of Materials in PROHIBITED AREAS 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.
5.
PROHIBITED AREAS. All of the following areas constitute
PROHIBITED AREAS from which no part of the Website may
be accessed, viewed, downloaded or otherwise received:
5.1 All parts of the following countries: Afghanistan,
Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya,
Pakistan, The Republic of China, Singapore, Saudi
Arabia, Syria, The United Arab Emirates; and
5.2 All parts of every other geophysical place
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
Website would constitute a violation of any law,
regulation, rule or custom.
6.
INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY
MATERIALS. You agree to be personally liable and fully
indemnify the Company and its successors and assigns for
any and all damages directly, indirectly and/or
consequentially resulting from any attempted or actual
unauthorized downloading or other duplication of
Materials from the Website by You alone, or with, or
under the authority of, any other person(s), including,
without limitation, any governmental agency(ies),
wherein such damages include, without limitation, all
direct and consequential damages directly or indirectly
resulting from unauthorized downloading of Materials
from the Website, including attorney’s fees.
7.
TRIAL AND MONTHLY MEMBERSHIPS; FEES; CANCELLATION.
During times when trial memberships are offered, you
agree to accept the trial membership to Website and by
accessing the content of Website you authorize the
charges set forth below and agree to the following terms
and conditions:
7.1 Your trial membership will entitle you full access
of Website for the number of DAYS starting on the day
you submit your trial membership application to Website.
7.2 You agree that if you do not send the Company notice
of cancellation of your trial membership at least ONE
DAY from the expiration of your trial membership term,
the company shall automatically and without further
notice:
-
i) convert your trial membership to a standard
RECURRING MONTHLY SUBSCRIPTION to Website at the
standard one month membership rate;
ii) renew your monthly membership to Website for
successive periods of one month each at the then
current standard one-month membership rate.
7.3 Subscription and Membership fees to Website are
subject to change at any time at the sole and absolute
discretion of Company. The official standard one-month
membership rates for the Website shall be set forth at
the respective “join” pages of the site.
7.4 TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE PAID
TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY THE COMPANY AT
LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD,
BY CONTACTING THE COMPANY BY E-MAIL, TELEPHONE OR U.S.
MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE
NUMBER OR MAILING ADDRESS AS PROVIDED AT
http://www.AshleyEvans.com/ccbill/index.htm
7.5 TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY
THE COMPANY OF YOUR CANCELLATION BY E-MAIL, TELEPHONE,
OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS,
TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT
http://www.AshleyEvans.com/ccbill/index.htm.
AT LEAST 7 DAYS BEFORE THE EXPIRATION DATE OF YOUR THEN
CURRENT MEMBERSHIP TERM.
7.6 All cancellations received by the Company will be
effective upon receipt.
7.7 You hereby acknowledge and agree that if You cancel
Your monthly membership, or if Your membership is
cancelled by the Company, Your username and password
will be removed from the system at the end of the then
current monthly membership period and that You will be
entitled to receive the full benefits of Your monthly
membership until the end of such period. You shall not
be entitled to any pro-rated or partial refund if You
cancel Your monthly membership before the end of the
then current monthly membership period. You agree that
if you cancel at any time after purchasing a monthly
membership to Website (e.g., 20 minutes after you sign
up), You will still be charged the full month’s
membership fee.
7.8 The Company may, at any time and at its sole
discretion, cancel any paid trial membership or monthly
membership; provided, however, that if the Company
cancels any paid trial membership prior to its
expiration, the Company shall provide a pro-rata refund
for the unexpired period of the cancelled month’s
membership by automatic credit.
7.9 You hereby authorize the Company to charge Your
credit card (which You hereby acknowledge was entered by
You into the sign-up page) to pay for Your trial
membership fee and all monthly membership fees to
Website at the then current standard monthly membership
rate. You further authorize the Company to charge Your
credit card for any and all purchases of products,
services and entertainment available through, at, in or
on, or provided by, Website You agree to be personally
liable for all charges incurred by You during or through
the use of Website. Your liability for such charges
shall continue after termination of Your membership.
8.
TRANSFER OR ASSIGNMENT OF MEMBERSHIP. You agree that as
a Member of the Website you shall not, under any
circumstances, have the right to transfer or assign your
membership to any other person or entity, and that any
attempted transfer or assignment of a membership shall
be void.
8.1. Your further agree that the Company, may at any
time at its sole discretion and without prior notice to
you, transfer or assign Your membership in the Website
to an affiliated or non-affiliated Company.
9.
PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN CARD/
FRAUDULENT USE OF CARD. Payment for the services
provided to You at, and/or through Website may be made
by automatic credit card debit or via online checks and
You hereby authorize Company and its agents to transact
such payments on Your behalf.
9.1 Unless and until you notify Company that you wish to
cancel or terminated your Membership to Website, You
hereby agree and authorize Company or its designated
agent or assignee to automatically renew your Membership
to Website on a continuing monthly basis and to charge
Your credit card (or other approved facility) to pay for
the ongoing cost of your Membership. You hereby further
authorize Company or its designated agent or assignee to
charge Your credit card (or other approved facility) for
any and all purchases of products, services and
entertainment provided to You by or though Website.
9.2 You further agree that as a Member and User of the
Website, You must promptly inform Company of any and all
the following: loss or theft of the credit card used to
pay for Membership to Website or other goods or services
obtained in, at or through Website; changes in the
expiration date of the credit card; changes in home or
billing address; apparent breaches of security regarding
Your Membership, such as loss, theft, unauthorized
disclosure or use of an ID or password; and all other
changes pertaining to Your credit card account used to
pay for services pursuant to this Agreement which may
affect Company's ability to expeditiously obtain
payments due to Company. You agree that You will remain
liable for any unauthorized use of Website or any of its
services associated with your Membership, until You have
notified Company’s Customer Service by electronic mail
at admin@AshleyEvans.com or by conventional mail at 2805
E. Oakland Park Blvd, Ste 116, Ft. Lauderdale, FL 33306
9.3 You hereby agree that any fraudulent reporting of a
lost or stolen credit card used to obtain goods or
services from Website or any fraudulent reporting of an
unauthorized charge to Website on Your credit card which
has been made by You or anyone under Your authority, at
a time when a charge or other obligation for payment for
goods and/or services to Website remains outstanding at
the time of such fraudulent reporting, You shall be
liable to the Company for liquidated damages of
$25,000.00. The liability for liquidated damages
specified in this Paragraph shall not limit any other
liability You may have for breaches) of any other terms,
conditions, promises and warranties set forth in this
Agreement.
9.4 You further acknowledge and agree that You will
remain liable to the Company for any unauthorized use of
the Website associated with Your Membership.
10. TERMINATION OF MEMBERSHIP. Either Company or Member
may terminate at any time, and without cause, membership
to the Website, subject to the cancellation policy and
procedures set forth in this Agreement. Your liability
for all charges incurred during Your Membership term
shall continue after termination, for any reason, of
Your membership.
11. PASSWORD SECURITY. Members are responsible for
providing all personal computer and communications
equipment necessary to gain access to the Website.
Access to and use of the Website is through the use of a
password. Each Member must keep his password strictly
confidential and You agree that if You share Your unique
Login name and/or Your Password with another individual
that Your access to the Website is subject to immediate
termination without notice or reimbursement of any kind.
12. NO WARRANTIES; LIMITATIONS ON COMPANY’S LIABILITY.
YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER
SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND,
INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY,
ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT
OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,
AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
MATERIAL, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE
EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER
SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR
CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO
YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND
ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY
FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND
YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO
STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND
UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE
COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER
MEMBERS OR USERS OF THE WEBSITE, OR THEIR SUPPLIERS,
LICENSEES, OR RESELLERS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF
MATERIALS OR OTHER USE OF THE WEBSITE.
12.1 ANY LIABILITY OF COMPANY, INCLUDING, WITHOUT
LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR
USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR
ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF
MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE MEMBER TO
THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR
PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COMPANY IS
NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING,
FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY
DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER
COMMUNICATION AT OR THROUGH THE WEBSITE.
13. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF
LIABILITY.
13.1 You acknowledge that You understand that the
Company does not screen or endorse the content of any
advertisements or communications submitted to or posted
on the Website by third-party licensees, advertisers,
Users of the Website or other persons, nor does the
Company exercise any editorial control, prior screening
or supervision over such content. Users are therefore
advised to use their own judgment to evaluate all
advertisements and other communications available at or
through the use of the Website prior to purchasing goods
and/or services described at the Website or otherwise
relying on or responding to any communication or
information posted on, or accessed through the use of
the Website.
13.2 Links To Third-Party Sites. You might access some
of the content of the Website via hyperlinks that will
connect You to third parties, or to third-party websites
that may provide content to the Website. Those linked
websites are not under the control of Company and
Company has no editorial control or supervision over
selection or display of the content provided by those
third parties or those third-party websites. Company is
providing You links to those third-party websites only
as a convenience, and the inclusion of any link on
Company's Website does not imply endorsement by Company
of any other website or the content of any such website.
The owners and operators of all third-party websites are
solely responsible and liable for the content they
provide to You.
13.3 You further acknowledge that You understand that
the Company does not control the content of any
information, messages, communication, personal data,
photographs, video or audio content, or any other
material posted or uploaded by Users of the Website
(collectively, " User Originated Content"), and that You
release the Company and its agents, officers, directors
and employees, from any and all liability and
responsibility, directly and indirectly, in connection
with the content of any information, messages,
communication or other User Originated Content You may
receive from other Users of the Website.
13.4 Company claims immunity from liability to the
fullest extent under the law and as provided under the
Communications Decency Act for User Originated Content
provided by third parties and members and nothing in
this Agreement is intended to waive, remove, or usurp
such immunity. You understand and agree that Company
reserves the right, in its sole and exclusive
discretion, to delete any content, messages, photos,
profiles or other information posted on the Website by
any User or any other person that in the sole judgment
Company violates these Terms and Conditions or which
might be offensive, illegal, or that might violate the
rights, harm, or threaten the safety of Company and/or
its members.
14. RESTRICTIONS ON MEMBERS’ COMMUNICATIONS; MEMBER
LIABILITY. If the Company should, at any time, provide
any service which enables Users or other persons to
communicate with or otherwise share information with
other Users or persons providing any kind of service to
Users, or post information at, in or on the Website, You
agree not to post, submit, publish, display,
disseminate, or otherwise communicate any defamatory,
obscene, pornographic, profane, inaccurate, abusive,
threatening, offensive, or illegal material, or any
material which would violate or infringe the copyright,
trademark, rights of publicity, privacy rights or other
rights of any person or entity. You further acknowledge
and understand that transmission or publication of such
User Originated Content, or any other material that
violates any federal, state, or local law in the United
States or anywhere else in the world, is strictly
prohibited by Company and that Your transmission or
publication of such User Originated Content or material
shall constitute a material breach of this Agreement
entitling the Company to immediately terminate Your
right to access or use the Website without notice.
14.1. You acknowledge and agree that You, and not the
Company, shall be solely responsible and liable for all
damages, liability or other consequences, foreseen or
unforeseen, of all User Originated Content which You
submit, publish, display, disseminate or otherwise
communicate through the Website even if a claim for
damages or liability should arise after termination of
service.
15. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT
PRIVATE You further acknowledge and agree that all
messages or content posted by You or others in any Chat
rooms or public areas of the Website shall be deemed to
be readily accessible to the general public and
consequently should not be considered private or
confidential. Notice is hereby given that all messages
entered into this Website can and may be read by the
operators of the Site, whether or not they are the
intended recipients).
16. TRADEMARK AND SERVICE MARK. The name of this website
is a service mark of Company. No use of this mark shall
be permitted except through the prior written
authorization and permission of Company. All rights
reserved.
17. CUSTODIAN OF RECORDS. All models, actors, actresses
and other persons that appear in any visual depiction of
actual sexual conduct appearing or otherwise contained
in Website were over the age of eighteen years at the
time of the creation of such depictions. All other
visual depictions displayed on this Website are exempt
from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75
because any of said visual depictions which appear to be
of sexually explicit conduct are merely simulated. With
respect to all visual depictions displayed on this
Website, whether of actual sexual conduct, simulated
sexual content or otherwise, all persons in said visual
depictions were at least 18 years of age when said
visual depictions were created. The records required
pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75 are kept by
the Custodian of Records for Website as identified in
the 2257 Notice on the Website.
18. AUTHORIZATION AND PERMISSION TO SEND
SEXUALLY-ORIENTED COMMERCIAL EMAILS TO YOU. You hereby
authorize and permit notices, advertisements, E-mail and
other communications to be sent to You from Company or
its authorized agents, assigns, representatives,
advertisers and contractors by means of e-mail,
including without limitation e-mails, advertisements,
notices and other communications containing explicit
sexual content and language and images of nudity or
explicit sexual conduct. Moreover, You agree that Your
authorization and permission to Company to send You such
materials and communications shall continue to be in
effect unless and until You notify Company that You wish
to be deleted from Company’s email list.
18.1 OPT-OUT AND CANCELLATION PROVISIONS. At any time,
You may opt out of future e-mailings and cancel Your
receipt of future sexually-oriented e-mailing from the
Company by clicking the unsubscribe link at the bottom
of each e-mail.
19. NOTICES TO COMPANY OR MEMBERS. Notices from the
Website to Members may be given by means of electronic
messages, by general posting on the Website, or by
conventional mail. Communications from You to the
Company may be made by electronic messages or
conventional mail, unless otherwise specified in the
Agreement.
19.1 All notices to the company shall be sent by
electronic mail to admin@AshleyEvans.com or by
convention mail to: 2805 E. Oakland Park Blvd, Ste
116, Ft. Lauderdale, FL 33306
20. ENTIRE AGREEMENT. This Agreement contains the entire
agreement between the Member and Company regarding
Members' use of the Website, 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.
21. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION.
This Agreement shall be governed by and construed under
the laws of the State of California and the United
States as applied to agreements between California state
residents entered into and to be performed within the
State of California, except as governed by Federal law.
The application of the United Nations Convention of
Contracts for the International Sale of Goods is
expressly excluded.
21.1 Any and all disputes as to the interpretation of or
any performance under these Terms and Conditions which
are not first resolved informally, shall be determined
by binding arbitration in Los Angeles, California, in
accordance with the rules of the American Arbitration
Association. The final award in any such arbitration
proceeding shall be subject to entry as a judgment by
any court of competent jurisdiction, provided that such
judgment does not conflict with the terms and provisions
hereof. The jurisdiction of the arbiter (or arbiters)
with respect to legal matters shall be limited only by
the statutory and common law of the State of California
and the United States.
22. UNENFORCEABILITY OF PROVISIONS. 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.
23. AFFIRMATION OF AGREEMENT. By joining this website,
you hereby acknowledge and affirm that you have read
this entire agreement and that you AGREE to all its
terms and conditions by and by authorizing the use of
your credit card for payment of charges and fees for you
maintaining a membership to the Website and for any
other charges which you may incur for goods or services
ordered at or in association with the Website!