LA TOURAINE, INC.
TERMS OF SERVICE
Date last modified: October 19, 2021
Introduction.
Please read these
terms of service carefully as this document is a binding legal agreement (the
"Agreement") between you and La Touraine, Inc. (the "Company").
- GENERAL
AGREEMENT
- Age
Restriction.
NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY
VIEW OR POSSESS ANY OF THE CONTENTS OF THE SITE (AS DEFINED BELOW),
SUBSCRIBE TO THE SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT OR IN THE SITE. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE
CURRENTLY AT LEAST EIGHTEEN (18) YEARS OLD, THE AGE OF MAJORITY IN YOUR
COMMUNITY, AND ARE CAPABLE OF LAWFULLY ENTERING INTO THE AGREEMENT.
- Binding
Agreement.
The Agreement spells out the terms and conditions to which you and all
users of this site (the "Site") are expected to adhere. By
purchasing a Subscription (as defined below) or by accessing or using the
Site in any manner, you acknowledge that you have read the Agreement, understand
the Agreement and agree to be bound by its terms. If you do not agree to
be bound by the terms of the Agreement, you must leave the Site
immediately.
- Effect of
Subscription Purchase. In the event that you purchase a Subscription
(as defined below), you will be asked to enter your credit card
information and certain other information. By providing this information
and selecting "Complete this transaction" you agree to become a
subscriber to the Site and, subject to the terms and conditions set forth
in the Agreement, the Company agrees to provide you with all the
privileges of a subscription to the Site available to a subscriber in good
standing (the "Service").
- Changes to
Service.
The Company may change, suspend, discontinue, and/or limit your access to
any portion of the Site and/or Service, including without limitation, the
availability of any feature, database, or Content (as defined below) at
any time without notice or liability to the Company.
- Amendments to
the Agreement.
The Company may change, add, or remove portions of the Agreement at any
time and changes are effective upon notice to you by email posting, or
made available as a hyperlink on the Site. Your continued use of the
Service will indicate your acceptance of such changes. If future changes
to the Agreement are unacceptable to you, or cause you to no longer be in
compliance, you may cancel your subscription by providing the Company
notice pursuant to paragraph VI. 6. below and subject to the terms and
conditions of the Agreement. From time to time, the Company may ask you to
expressly accept the changed terms of service to continue using the Site
and/or Service.
- SITE CONTENT
- Nature of
Content.
YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS PUBLISHED, BROADCAST, CONTAINED,
AND/OR DOWNLOADABLE ON THE SITE AND/OR SERVICE, INCLUDING WITHOUT
LIMITATION, VIDEOS, STILL PHOTOGRAPHS, AUDIO CLIPS, TEXT, HYPERLINKS,
INTERLINKS, SEARCH ENGINES, SOFTWARE, LOGOS, ICONS AND ANY OTHER
PROPRIETARY CONTENT (COLLECTIVELY, THE "CONTENT") INCLUDE
SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND
HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN, AND/OR TRANSSEXUAL SITUATIONS AND
THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.
- Use of
Content.
The Content is intended for distribution exclusively to consenting adults
who are in locations where such Content does not violate community
standards or any applicable local, state, or federal law or regulation.
- Liability for
Improper Use of Content. You agree to be personally liable
and fully indemnify the Company and Agent (as defined below) for any and
all damages directly, indirectly, and/or consequentially resulting from
your attempted or actual unauthorized downloading or other duplication of
Content. Such damages include, without limitation, loss of revenue, loss
of profits, loss of property, fines, penalties, attorney's fees, costs,
and damages resulting from civil lawsuits, administrative actions, prosecution,
and/or governmentally imposed seizure(s), forfeiture(s), and/or
injunction(s).
- LIMITED
NON-EXCLUSIVE LICENSE
- Grant of
License.
Subject to the limitations set forth below, the Company hereby grants you
a limited, non-commercial, non-exclusive, and non-transferable license
(the "License") to use the Content during the period in which
you are a current subscriber in good standing or legitimate user of the
Site. The License will immediately terminate automatically if you fail to
comply with the limitations described herein, breach any other provision
of the Agreement, cease, for any reason, to be a subscriber in good
standing, or are notified of termination of the License by the Company or
its authorized agent(s).
- Limitations
on License.
You may make no use of the Content not expressly authorized herein or by
express written authorization from the Company. You may use the Content
only in accordance with the Agreement, only on one computer at a time. You
agree to the following limitations and restrictions on your use of the
Content:
- You
acknowledge and agree that the Company does not authorize the Content to
be accessed, viewed, downloaded, used by, transmitted, broadcast, or
otherwise disseminated to any person or entity located in any and all
areas prohibited by law ("Prohibited Areas");
- You
acknowledge and agree that the Content is intended for your personal,
noncommercial use and the Company does not authorize you to cause or
enable others to access, view, download, receive or otherwise use the
Content, directly or indirectly, including but not limited to (i) anyone
under the age of eighteen (18) years or the age of majority, or (ii) any
person in Prohibited Areas;
- You
acknowledge and agree that any and all unauthorized access, viewing,
downloading, receipt, duplication, or other use of the Content in which
you are directly or indirectly involved, shall constitute a material
breach of the Agreement, intentional infringement(s) of the Company's and
potentially others' trademarks, copyrights, intellectual property, and/or
other rights including without limitation, the rights of privacy and
publicity;
- You
acknowledge and agree that you are prohibited from:
- downloading
the Content;
- modifying,
translating, reverse engineering, decompiling, and/or disassembling the
Content;
- creating
derivative works based on the Content;
- renting,
leasing, or transferring any rights in the Content;
- removing
any proprietary notices or labels on the Content; and
- making any
other unauthorized use of the Content.
3. Ownership of the
Content and Intellectual Property. Except for public domain material or
material otherwise licensed to the Company for electronic dissemination, all of
the Content displayed at or otherwise available through the Site is proprietary
content owned by the Company, its parents, subsidiaries and/or assigns. All
editions of the Site and Content and other matter used directly or indirectly
in, at, by, through and/or with the Site are protected by the copyright laws of
the United States, international copyright treaties, and other laws and
regulations. All intellectual property and other rights in and to the Content
and other matter on the Site shall at all times remain in the Company, its
parent(s), subsidiary(ies) and assign(s).
- USER
GENERATED CONTENT
- Submissions. You
acknowledge that any user generated content that you transmit, including
comments, forum messages, text, email, video, audio, photographs or other
types of media to the Company ("Submission") may be edited,
removed, modified, published, transmitted and displayed by the Company and
you waive any rights you may have in the material. The Company reserves
the right (but not the obligation) to delete, move or revise any
Submission at its sole discretion without notice. You may not infringe on
any party's intellectual property or other rights and must adhere to the
warranties listed under V. REPRESENTATION AND WARRANTIES, as described
below. You agree to release, indemnity and hold harmless the Company and
its agents for all claims resulting from content you supply.
- License
Granted.
To the extent any Submission is copyrightable material, you grant the
Company and its authorized agents a non-exclusive, non-revocable, royalty
free, perpetual and fully sublicensable right to use, post, publish,
reproduce, adapt, create derivative works from, distribute, and display
such Submission throughout the world in any media and for any purpose. By
way of example, the Company may sublicense the content of your Submission
and allow third parties to use the material for any purpose.
- REPRESENTATION
AND WARRANTIES
- Your
Warranties.
You hereby represent, warrant, and affirm (the "Warranties"):
a.
that
you are at least 18 years old and the age of majority in your community;
b.
that
it is legal to view the materials where you are located;
c.
that
you will not permit any person(s) under the age of 18 (or who are otherwise not
legally permitted) to have access to any of the materials contained on this
website;
d.
that
no materials of any kind submitted through your account including, without
limitation, comments posted in public forums, will:
1.
violate
or infringe upon the rights of any third party, including without limitation,
copyright, trademark, privacy, publicity, moral, contract, or other personal or
proprietary rights;
2.
plagiarize
any material owned by any third party or the Company;
3.
contain
violent, obscene, defamatory, harassing, threatening, or otherwise illegal
content;
4.
contain
bigoted, hateful, or otherwise racially offensive material;
5.
otherwise
harm or be reasonably expected to harm any person or entity;
6.
contain
commercial or business-related advertisements or offers to sell any products,
services, or otherwise (whether for profit or not), or to solicit others
(including solicitations for contributions or donations);
7.
contain
a virus or other harmful component that tampers with, impairs or damages the
Site, Service, or any connected network, or otherwise interferes with any
person or entity's use or enjoyment of the Site and/or Service;
8.
contain
materials irrelevant to the designated topic or theme of the relevant public
forum;
9.
violate
any specific restrictions applicable to a public forum; or
10. constitute
antisocial, disruptive or destructive behavior, including "flaming,"
"spamming," "flooding," "trolling," and
"griefing" as those terms are commonly understood and used on the
Internet.
- Breach of the
Warranties.
Any conduct that the Company, in its sole discretion, deems to be a breach
of the Warranties shall constitute a breach of the Agreement and grounds
for termination.
- Indemnity. You hereby
agree to indemnify, defend, and hold harmless the Company and all of its
related entities, subsidiaries and parent companies, advertising and
promotions agencies and each of the their heirs, successors, officers,
directors, employees, assigns, agents, attorneys, representatives, and any
other person or entity now or hereafter affiliated with them, and each of
them (collectively, "Indemnified Parties"), of and from any and
all claims, demands, causes of action, obligations, damages, losses to any
person (including death) or property, penalties, attorney's fees, costs,
and liabilities of any nature whatsoever, whether or not now known,
suspected or claimed, arising out of any breach by you or any other user
of your account, whether or not such user has your permission, of the
Agreement or the Warranties. The Company reserves the right, at its own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you. In such event, you shall
cooperate as fully as is reasonably required in the defense of any claim.
- Third Party
Violations.
The Company does not assure or warrant that third parties or other users
will comply with the Warranties or any other provision of the Agreement,
and, as between you and the Company, you hereby assume all risk of harm or
injury resulting from any lack of compliance.
- No Warranties
by the Company.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING THE SITE AND
SERVICE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU
ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO
USE, THE SITE AND/OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE AND/OR
SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE
AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- Disclaimer of
Responsibility for Outbound Links. THE SITE CONTAINS LINKS TO OTHER
RELATED INTERNET SITES, RESOURCES, AND/OR SPONSORS OF THE COMPANY. YOUR
SELECTION OF CERTAIN AD BANNERS OR LINKS MAY REDIRECT YOU FROM THE SITE TO
A THIRD PARTY WEBSITE. THE COMPANY HAS NO CONTROL OVER AND NO LIABILITY
FOR ANY THIRD PARTY WEBSITES OR MATERIALS. TRANSACTIONS THAT OCCUR BETWEEN
YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY
AND ARE NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAKES NO
GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE
INFORMATION PROVIDED BY SUCH SITES, AND THE COMPANY ASSUMES NO
RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR
UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. THE COMPANY IS NOT
RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF SUCH OUTSIDE RESOURCES,
AND YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE
THIRD PARTY SITE'S ADMINISTRATOR OR WEBMASTER.
- The Company's
Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO
EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER
RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RELATED TO YOUR USE OF THE SITE, THE SERVICE, THE CONTENT AND/OR ANY OTHER
MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY, EXCEPTING SUCH
INJURY OR DAMAGES CAUSED BY THE COMPANY'S FRAUD, WILLFUL INJURY TO THE
PERSON OR PROPERTY OF ANOTHER, OR VIOLATION OF LAW BY THE COMPANY.
- SUBSCRIPTIONS
- Subscriptions.
Subscriptions to the Service are offered on a month-to-month basis. Subscription
fees are payable by credit card, PayPal®, prepaid credit cards, cryptocurrency,
gift card, and checks. Subscriptions generally automatically renew every
month, but Subscriptions purchased via cryptocurrency or gift cards do
not. A Subscription purchased with a prepaid credit card will automatically
renew every month so long as the requisite funds are available. Current
pricing for subscriptions will be available on the Site at the time of
purchase. From time to time promotions may be conducted which will alter
the pricing and subscription structure. Subscriptions may not be assigned
or transferred to any other person or entity.
If you purchase a
Subscription, you authorize the Company and/or Agent to charge your credit card
(or other approved facility) for periodic subscription fees according to the
then-current billing terms for the Service. Subscription fees are earned upon
receipt by the Company. Subscriptions include trial access to Naughty America
Live, a third-party product owned and operated by ICF Technology, Inc. dba
Streamate®. For your convenience, Subscriptions, with the exception of those
purchased via cryptocurrency or gift cards, will automatically renew upon
expiration unless you cancel your subscription at least three (3) days prior to
expiration. Subscription rates are subject to change at any time without
notice. You are liable for any subscription charges incurred by you up to and
until termination of the Service.
- Transaction
Processing.
You hereby authorize the Company and/or one of its authorized agents,
("Agent"), to process the transactions necessary to procure and
maintain subscriptions on your behalf. You agree not to report any credit
card (or other approved facility) utilized in such transaction as lost or
stolen unless you have a good faith reason to believe that the credit card
(or other approved facility) has been lost or stolen. You further agree
that you will not dispute any charge that you authorized.
- Terminating
Subscriptions.
The Company or Agent may terminate your subscription at any time, for any
reason or for no reason, with or without cause. If you wish to terminate
your Subscription, you must do so AT LEAST three (3) days prior to
expiration or you will be deemed to have elected to continue your
subscription for an additional month and will be charged accordingly. You agree to be personally liable for all
charges incurred through your account for use of the Site and/or Service.
Your liability for such charges shall continue after termination of your
subscription for any reason. To terminate your subscription you must first
determine who the Agent is for your subscription. This can be determined
by examining your bill. If Epoch or Segpay is the Agent for your
subscription, select the "Support" link on the Site and follow
the on-screen instructions for creating a Customer Support Ticket in order
to effect termination.
- Customer
Service and Refund Policy. If you have a question about a
transaction on your credit card statement, please contact the appropriate
Agent's customer service department using the contact information below.
Agents manage the credit and refund policy for the Service on a
case-by-case basis. The Company or an Agent will provide you, upon
request, access to billing records that support charges for use of the
Service. Additionally, you can also contact the Company directly regarding
a refund by clicking the "Support" link on the Site and
following the on-screen instructions.
Agent Contact
Information:
EPOCH
U.S. and Canada: 1(800)893-8871
International: 1(310)664-5810
Skype: Toll Free: 1(800)893-8871
Email: billing@epoch.com
Segpay
U.S. and Canada: 1(888)376-0948
International: 1(866)450-4000
Skype: Toll Free: +1(954)414-1610
Email: help@segpay.com
Paygarden
Email: support@paygarden.com
WTS
Support: www.WTSEticket.com
- DMCA
- Notice of
Copyright Infringement. If you believe that any Content or
Submission appearing on the Site has been used in a manner that infringes
upon your copyrights, you or your authorized agent may submit a
notification pursuant to the Digital Millennium Copyright Act
("DMCA") by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An
electronic or physical signature of a person authorized to act on behalf
of the owner of the exclusive right that is allegedly infringed;
- Identification
of the material that is claimed to be infringing or, if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works on the Site;
- Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled and information reasonably sufficient to permit the Company to
locate the material;
- Information
reasonably sufficient to permit the Company to contact you, such as your
address, telephone number or e-mail address;
- A statement
that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the
law; and
- A statement that
the information in the notification is accurate, and under penalty of
perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
The Company's
Copyright Agent is:
T. Sullivan
110 West A Street, Suite 900
San Diego, CA 92101
International: 1(619) 237-5014
Email: tsullivan.copyrightclaims@latouraineinc.com
2. Counter-Notice. If you believe
that your Content or Submission that was removed or disabled is not infringing,
or that you have proper authorization to post and use the material in your
Content, you may send a counter-notice to our Copyright Agent containing the
following information:
a.
Your
physical or electronic signature;
b.
Identification
of the Content that has been removed or to which access has been disabled and
the location at which the Content appeared before it was removed or disabled;
c.
A statement
that you have a good faith belief that the Content was removed or disabled as a
result of mistake or a misidentification of the Content;
d.
Your
name, address, telephone number, and e-mail address, a statement that you
consent to the jurisdiction of the federal court in San Diego, California, and
a statement that you will accept service of process from the person who
provided notification of the alleged infringement.
Our Copyright
Agent may send a copy of any counter-notice to the original complaining party
informing that party that it may replace the removed Content or cease disabling
it in 10 business days. Unless the copyright owner files an action seeking a
court order against the Content provider, member or user, the removed Content
may be replaced, or access to it restored, in 10 to 14 business days or more
after receipt of the counter-notice, at the Company's sole discretion.
- SECURITY AND
PRIVACY
- Registration
and Security.
Purchase of a Subscription requires registration. During the registration
process, you shall provide the Company with accurate, complete, and
current billing information. Failure to do so shall constitute a breach of
the Agreement, which may result in immediate termination of your
subscription. As part of the registration process, you will select a username
(“Dirt Cheap ID”) and password. You may not select or use a Dirt Cheap ID
that: (a) incorporates or is confusingly similar to the name of another
person with the intent to impersonate that person; (b) is subject to the
rights of any person other than yourself without authorization; or (c) the
Company, in its sole discretion, deems offensive.
- No
Unauthorized Access. You shall not provide any other person or entity
access to your subscription, either directly or indirectly. This includes,
without limitation, sending or making available to another party your Dirt
Cheap ID and/or password. Allowing others to gain unauthorized access to
the Service is a breach of the Agreement and a violation of law.
- Confidentiality
and Liability for Account Usage. You shall be solely responsible for
keeping your password strictly confidential. The Company shall not be
liable for any loss that you incur as a result of someone else using your
password, either with or without your knowledge. You are responsible for
all usage or activity on your account for the Site. Any fraudulent,
abusive, or otherwise illegal activity may be grounds for termination of
your subscription at the Company's sole discretion, and you may be
referred to appropriate law enforcement agencies. You may be held liable
for any losses incurred by the Indemnified Parties due to someone else's
use of your account or password. You may not use the account, Dirt Cheap ID,
or password of another person or entity at any time.
- Notice to the
Company.
You must promptly inform the Company or Agent of the following: (a)
changes in the expiration date of any credit card used in connection with
the Site; (b) changes in home or billing address; and (c) known or
suspected breaches of security, such as loss, theft, or unauthorized
disclosure or use of a Dirt Cheap ID, password, and/or credit card
information. If you have reason to believe that your account has been
compromised, please promptly contact the Company at support@latouraineinc.com or contact the
Agent that processed your Subscription payment. Until the Company or Agent
is notified of a breach in security, you will remain liable for any use of
the Service.
- Privacy
Policy.
The Company respects your privacy and permits you to control the treatment
of your personal information. A complete statement of the Company's
privacy policy can be found at www.dirtcheapbigtits.com/privacy-policy.html (and is
expressly incorporated into the Agreement by this reference).
- GENERAL
- Governing
Law; Dispute Resolution. The validity, construction,
performance, and breach of this Agreement shall be governed by the internal
laws of the State of California, without regard to conflicts or choice of
law principles, except that the Federal Arbitration Act will govern all
provisions relating to arbitration.
- The
parties agree that any and all disputes or controversies of any nature
between them arising at any time that cannot be resolved between the
parties themselves shall be determined by confidential (to the extent
permitted by law), final and binding arbitration in San Diego County,
California, in accordance with the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") before a single
neutral arbitrator ("Arbitrator") mutually agreed upon by the
parties. If the parties are unable to agree on an Arbitrator, the
Arbitrator shall be appointed by the AAA. The parties shall be entitled
to conduct discovery in accordance with the California Code of Civil
Procedure then in effect, provided that (i) the Arbitrator must authorize
all such discovery in advance based on findings that the material sought
is relevant to the issues in dispute and that the nature and scope of
such discovery is reasonable under the circumstances, and (ii) discovery
shall be limited to depositions and production of documents unless the
Arbitrator finds that another method of discovery (e.g., interrogatories)
is the most reasonable and cost efficient method of obtaining the
information sought. The Arbitrator shall have the power to enter monetary
damages and equitable relief as determined by the Arbitrator. Judgment
upon the award rendered in any such arbitration may be entered in any
court of competent jurisdiction, or application may be made to such court
for a judicial acceptance of the award and enforcement, as the law of
such jurisdiction may require or allow. Nothing in this section shall
prevent either party from seeking interlocutory and/or injunctive relief
from a court of competent jurisdiction. Class action lawsuits and/or
class-wide arbitrations aren’t allowed. Nor is combining individual
proceedings without the consent of all parties. If the class action
waiver is found to be illegal or unenforceable as to all or some parts of
a dispute, then those parts won’t be arbitrated but will proceed in
court, with the rest proceeding in arbitration.
- The
fees payable to AAA and the Arbitrator hereunder shall be borne equally
by the parties, provided that the prevailing party shall be entitled to
reimbursement by the other party for reasonable attorneys' fees, expert
witness fees, costs and expenses incurred in the arbitration.
- THE
PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS
AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING
IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT
THEREOF.
- Miscellaneous. If any of
the provisions of this Agreement are held by a court or other tribunal of
competent jurisdiction to be void or unenforceable, such provisions shall
be limited or eliminated to the minimum extent necessary and replaced with
a valid provision that best embodies the intent of this Agreement, so that
the Agreement shall remain in full force and effect. These terms of
service, together with the Privacy Policy at www.dirtcheapbigtits.com/privacy-policy.html, and any
other legal notice published by the Company on the Site, shall constitute
the entire agreement between you and the Company concerning your use of
the Service. The Company will not be in breach of this Agreement for any
failure or delay in performance caused by reasons beyond its reasonable
control, if it makes reasonable efforts to perform. No waiver of any term
of this Agreement shall be deemed a further or continuing waiver of such
term or any other term, and the Company's delay in asserting any right or
provision under this Agreement shall not constitute a waiver of such right
or provision. Your use of the Service following any amendment of this
Agreement will signify your assent to and acceptance of its revised terms.
YOU AND LA TOURAINE, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SERVICES OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
- ACKNOWLEDGED
AND AGREED
You are
electronically signing this Agreement by clicking "I Agree, Enter Dirt Cheap
Big Tits," purchasing a subscription and/or accessing this site in any
manner. You understand and agree that this Agreement may not be denied legal
effect, validity, or enforceability solely because your electronic signature
was used in its formation. You further understand and agree that electronic
signatures and records are just as good as their paper equivalent, and
therefore subject to the same legal scrutiny of authenticity that applies to
paper documents.
BY PURCHASING A
SUBSCRIPTION OR BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE
THAT YOU HAVE READ THE LA TOURAINE, INC. TERMS OF SERVICE IN THEIR ENTIRETY,
UNDERSTAND THE TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE
AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY AT LEAST 18 YEARS OLD,
AND UNDERSTAND THAT MATERIALS PRESENTED AT THIS SITE INCLUDE EXPLICIT NUDITY,
VISUAL AND AUDIO REPRESENTATIONS OF SEXUAL SITUATIONS, AND ADULT LANGUAGE.
FURTHER, BY
INDICATING ON THE JOIN PAGE THAT YOU HAVE READ AND AGREE WITH THE TERMS OF
SERVICE AND/OR BY AUTHORIZING THE USE OF YOUR CREDIT CARD (OR OTHER APPROVED
FACILITY) FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO
THE SITE, YOU AFFIRM THAT YOU HAVE READ THE ENTIRE AGREEMENT AND AGREE TO BE
BOUND BY THE TERMS OF SERVICE SET FORTH IN THE AGREEMENT.
IF YOU DO NOT
AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, ARE UNDER
18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED ACCESS LOCATION, DO NOT CREATE AN
ACCOUNT, DO NOT ATTEMPT TO PURCHASE A SUBSCRIPTION, DO NOT ATTEMPT TO USE THE
SITE IN ANY MANNER, AND LEAVE NOW!