Terms and Conditions of Use
Governing law of the state of Colorado
Welcome to the fadeawaytonight.com's Service. Your agreement to all the terms and conditions of this agreement ("Agreement") is required before You can use the fadeawaytonight.com Service (Herein after referred to as the "Service", "Website", or "Site"). Your agreement is required before the operators of fadeawaytonight.com will grant You authorized access to their computer databases to obtain or use copies of photographs, video, text or graphics ("Content") offered in, at or through the Website. If You do not agree to the terms and conditions, set forth below, You will not be authorized to use the Website nor will You have permission to access the servers hosting fadeawaytonight.com or view, download or otherwise use any Content available in, at or through the Website.
IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR DOWNLOADING OR VIEWING CONTENT FROM THE fadeawaytonight.com SITE OR USING ANY OTHER SERVICES PROVIDED BY THE OWNERS OR OPERATORS OF THE WEBSITE, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT.
fadeawaytonight.com, Jacobs Venture, Inc., 1069 Pearl Street, #8, Denver, Colorado, 80203, USA, reserves the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions of Use at any time without notice. We will post the changes to these Terms and Conditions of Use and User Agreement on the Terms and Conditions of Use page and will indicate at the top of the Terms and Conditions of Use page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms and Conditions of Use. If you do not agree to abide by Terms and Conditions of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and Conditions of Use and to review such changes.
These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the United Kingdom, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the state and federal courts of the United Kingdom Law. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with United Kingdom Law.
1. Parties To This Agreement And Consideration The parties to this Agreement ("Agreement") are you and Jacobs Venture, Inc., the operator of fadeawaytonight.com (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company (sometimes referred to as fadeawaytonight.com). By further accessing the Website or materials available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
2.Acknowledgement Of Content You hereby acknowledge that the Content made available at, in, through and in association with Website by the Company and/or other parties that may provide Content available at, in, through or in association with the Website ("Affiliated Content Providers") and other materials available at, in, through or in association with the Website, include visual, audio, and/or textual depictions activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Company and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such materials for Your own personal viewing.
3. Age-Restricted Materials And Age Restricted Access No persons under the age of 18 years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly view, possess or otherwise use any of the contents of the Website, access Company computers to obtain copies of the Content provided by the Company or Affiliated Content Providers or place any orders for any goods or services advertised in, at, through or in linked association with, the Website.
4. Affirmation That You Are An Adult YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY).
5. You acknowledge that you understand that there are commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. (The preceding link is provided for information purposes only and is not intended as an endorsement of these entities, their services, or policies. Jacobs Venture, Inc. is not affiliated with them.).
6. ELIGIBILITY Membership in fadeawaytonight.com is for adults only and void where prohibited. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, and furthermore certify that:
- 6.1. You shall not permit any unauthorized person(s) to access the Site through Your actions or omissions.
- 6.2. You choose to access the Site voluntarily, because you want to view, read or hear the various materials, which may be available, for your own personal enjoyment, information, entertainment or education.
- 6.3. In Your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of the materials you expect to encounter are within those standards.
7. ACCOUNTS AND PASSWORD. You are responsible for maintaining the confidentiality of your Member name and password. You are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify fadeawaytonight.com of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you.
8. MEMBERSHIP There are different tiers of membership that may be available to You through the Service. The highest tier membership has the most access to Member Content contained on the Site.
9. Consequences Of Fraudulent Age Or Location Representation. You hereby acknowledge that You understand, and that You hereby agree, that any access to the age-restricted parts of the Website or Content made available by the Company or Affiliated Content Providers, by a minor or by any person constitutes the unauthorized accessing of the Company's computers and databases in excess of the authorization expressly granted by the Company in this Agreement, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. Â§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code "502 and constitutes trespass to chattels, and intentional copyright infringement(s) of the company's copyrights in the Website and in Content owned by the Company, and/or other parties, that is displayed in, at or through the Website all of which are protected under the laws of the Colorado and other countries. You further acknowledge that You understand that any such unauthorized access of the Website and/or Company Content or Affiliated Content Providers' Content on the Company's computers could subject You to potential criminal prosecution and substantial civil liability. For example, intentional infringement of the Company's copyright in a single work could subject You to statutory damages of up to $150,000 per work infringed.
10. Grant Of Limited License. You acknowledge and agree that all the materials available at or through the Website are proprietary and constitute valuable copyright, trademark and other intellectual property owned by or licensed to the Company. In consideration of Your representations, warranties and acknowledgments in this Agreement, and conditioned upon the truth of Your affirmation that You are an adult, over the age of 18 the Company hereby grants You a single user license to access its computer servers to use the Website for Your private and non-commercial entertainment and educational use and enjoyment only.
11. FEES AND CANCELLATION usage or subscription fees might have been charged to you upon registration. You hereby acknowledge and agree that unless you were terminated for violating the Site's Term and Conditions of Use if you cancel your Membership, or if your Membership is cancelled by fadeawaytonight.com, your username and password will be removed from the system at the end of the then current Membership period and that you will be entitled to receive the full benefits of your Membership until the end of such period, unless you were terminated for violating the Site's Term and Conditions of Use. You agree that if you cancel at any time after purchasing a Membership to fadeawaytonight.com (for example, 20 minutes after you sign up), you will still be charged the full Membership fee for the applicable period
- 11.1 Cancel policy: Upon notification by email, phone or live messenger support your membership will be canceled before the next billing cycle. If a refund is necessary the customer will be emailed proof of the refund.
12. Termination of Your License To Use Website. You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your access to all or part of the Website at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your access to all or part of the Website at Our sole discretion, and You may be referred to appropriate law enforcement agencies.
13. Important Access And Use Restrictions. You acknowledge and agree that You may only access, view, download, receive materials available at, in or through the Website, including Content provided by Website Content Providers, only in accordance with these terms and conditions and other restrictions set forth in this Agreement and otherwise posted on the Website, including specific terms and condition associated with the acquisition of Website Content Provider's Content, and posted revisions of this Agreement. You may access and use the Website only on one computer at a time and You may make only a single copy of the parts of the Website You access for Your own personal noncommercial educational and entertainment use and enjoyment. You may not use content for any commercial purpose whatsoever. You may not re-publish or provide any parts of the Website or any Website Content Providers' Content to any other person without express prior written authorization by the Company. Such prohibited uses include, without limitation, emailing, phone messaging or any other publication of the Website or Website Content Provider's Content, in whole or in part, on any web page, including on any personal web page You may own or be affiliated with, including but not limited to any social network page (e.g. Facebook or Myspace), regardless of whether any of the aforementioned uses are commercial or non-commercial. Any and all such unauthorized use will constitute intentional copyright infringement that could subject You to serious potential liability.
14. ONLINE REGENTS: fadeawaytonight.com UTILIZES VIRTUAL PROFILES THAT DO NOT CORRESPOND TO ACTUAL MEMBERS:
- 14.1 fadeawaytonight.com encourages You to use the ONLINE REGENT service to enhance communications, entertainment and Your total site experience and enjoyment.
- 14.2 An ONLINE REGENT may be a digital actor, an avatar or a synthespian (e.g. a computer generated "person" or "character"). ONLINE REGENTS may be employed by fadeawaytonight.com or a third party to enhance Your online experience. For example, an ONLINE REGENT may provide an electronic introduction to new or existing fadeawaytonight.com features or functionality, or discourage inappropriate behavior.
- 14.3 By consenting to and accepting these Terms, You acknowledge You fully understand, accept and agree to the ONLINE REGENTS service. You acknowledge that You understand that some of the profiles and Members displayed on them are not actual members of the site. ONLINE REGENTS are not associated with any other user of the site, but are sent to You in an effort to promote broader enjoyment, additional activity and fuller participation in all our Services. YOU MAY UNSUBSCRIBE OR REQUEST NOT TO PARTICIPATE IN THE ONLINE REGENT SERVICE AT ANYTIME BY CONTACTING US AT [email protected]
- 14.4 The ONLINE REGENT services can include the posting of information, pictures and/or communications directed to You. Such messages may take the form of any communication currently permitted on the Website.
- 14.5 The deployment of our ONLINE REGENT services is designed to facilitate Account development, enhance the user, Member and/or Subscribers experience, enable internal network analysis, facilitate quality control, educate and entertain users, Members and/or Subscribers, and/or ensure conformity to these Terms.
- 14.6 The ONLINE REGENT service is also used to provide analysis, feedback, trends, patterns, social commentary and information in the aggregate and aides in the process of monitoring our system for compliance with our operating standards.
- 14.7 By accepting these Terms you further acknowledge and agree that any information or pictures displayed to you via an ONLINE REGENTS profile does not relate to an actual person but has been included for the above mentioned purposes.
- 14.8 You understand, acknowledge, and agree that any involvement or communication with our ONLINE REGENT maybe monitored to administrate conformity to these Terms. We also reserve the right to utilize ONLINE REGENTS within the Website's Services now and/or in the future.
- 14.9 Additionally by accepting these Terms, you understand, acknowledge, and agree that, the ONLINE REGENT may contact both free Members and paid Subscribers via text based communication either within the site and/or via email notifications in order to increase activity and to monitor the compliance to these Terms.
- 14.10 Our ONLINE REGENT profiles are permitted to, but not obligated to, monitor the content and material added to the Website and surrounding Accounts. Any suspicious accounts that may put our members at risk will be removed without hesitation to help provide the best and safest Service possible.
- 14.11 If You responds to, or initiates any communications or interactions with our ONLINE REGENTS You fully understand, acknowledge, and agree that any response or exchange between the ONLINE REGENT and You is solely for entertainment purposes, and will not result in an physical meeting between the ONLINE REGENT and You but is to mediate Your compliance to these Terms as well as stimulating Your activity throughout the Services.
- 14.12 Similarly, You appreciate and understand that any communications from the ONLINE REGENT may be sent to multiple Accounts at the same or similar time(s). Additionally You understand that You are not guaranteed a response or interaction with any of our ONLINE REGENTS, nor with any other site user.
UPON COMPLETION OF AN ACCOUNT TO THE WEBSITE YOU FULLY AND TOTALLY UNDERSTAND AND ACKNOWLEDGE THAT ANY PAID SUBSCRIBER WILL HAVE THE ABILITY TO DISCONTINUE THE ONLINE REGENTS AT THEIR DISCRETION. fadeawaytonight.com recognizes that some paid Subscribers would like to have the ability to prevent these ONLINE REGENTS communications. This virtual Interaction can simply be turned off by emailing the request to our support team at [email protected].
Please note that if a Subscriber turns off the ONLINE REGENTS, our support team can't comprehensively monitor all users conformity to these Terms.
15. Service Marks. fadeawaytonight.com™ is Service marks licensed by the Company. No use of this mark by You or any other User shall be permitted except through the prior written authorization and permission of Company. All rights reserved.
16. Content Posted by Members:
- 16.1 fadeawaytonight.com claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for 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 fadeawaytonight.com may delete any content, messages, photos or profiles (collectively, "Member Content") that in the sole judgment of fadeawaytonight.com violates the Terms and Conditions of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of fadeawaytonight.com or its Members.
- 16.2 You are solely responsible for the content that you publish or display (hereinafter, "post") on the fadeawaytonight.com Site, or transmit to other fadeawaytonight.com Members through the Service.
- 16.4 fadeawaytonight.com shall have the ability to and may choose to investigate and take appropriate legal action, at its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Site or Service and terminating the Membership of such a violator. The following list is a partial list of the kind of content that is illegal or prohibited on the Site. It includes, but is not limited to, content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material that is commercial in nature; provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another Member, threat of suicide or harm to oneself or others, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- 16.5 You agree to use the fadeawaytonight.com Service in a manner consistent with any and all applicable laws and regulations in the jurisdiction where you are accessing the Site.
- 16.6 You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the fadeawaytonight.com Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to fadeawaytonight.com by our users or third parties.
- 16.7 You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other fadeawaytonight.com Members. Although fadeawaytonight.com cannot, and does not, monitor the conduct of its Members off the fadeawaytonight.com Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
- 16.8 Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, Members registered to other sites operated and powered by the Service, e.g. co-branded, privately labeled, etc. This feature may allow you to interact with Members of other affiliated websites.
- 16.9 Your profile (and the contents thereof) may be searchable by third-party publicly available search engines.
17. Acceptable Use Policy for Content Posted on the Website:
- 17.1 fadeawaytonight.com does not claim ownership of any Content you submit or make available for inclusion on the fadeawaytonight.com Site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the fadeawaytonight.com Site, you grant fadeawaytonight.com the following world-wide, royalty free and non-exclusive license(s), as applicable.
- 17.2 With respect to Content you submit or make available for inclusion on publicly accessible areas of the fadeawaytonight.com Site the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the fadeawaytonight.com Site solely for the purposes of providing and promoting the fadeawaytonight.com Site and Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the fadeawaytonight.com Site, and will terminate at the time you remove such Content or fadeawaytonight.com removes such Content from the fadeawaytonight.com Site.
- 17.3 With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the fadeawaytonight.com the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the fadeawaytonight.com Site solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the fadeawaytonight.com Site and will terminate at the time you remove such Content, or fadeawaytonight.com removes such Content from the fadeawaytonight.com Site.
- 17.4 With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on accessible areas of the Site. You grant to fadeawaytonight.com the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
- 17.5 We reserve the right to excerpt text quotes and pictures from Profiles or Featured Members, along with your handle (Member/User Name), and feature them in ads, supplements and content pages in the marketing of the fadeawaytonight.com Site and its partners.
18. Indemnification For Unauthorized Use Of Content, Website Or Other Proprietary Materials. You agree to be personally liable for any breach of this Agreement by You. You also agree to fully indemnify the Company and the company's directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any breach of this Agreement by You, including, without limitation, any damages resulting from any attempted or actual unauthorized, accessing, downloading, viewing, copying or distribution of the Website, in whole or in part, 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 such unauthorized activities, including, without limitation, attorney's fees and all litigation and criminal defense costs.
19. You May Not Transfer Or Assign Your Access Rights Or Other Privileges. You shall not, under any circumstances, have the right to transfer or assign Your license to use the Website or any license(s) to use any Content You might obtain in, at, through or in association with, the Website, and You acknowledge that any attempted transfer or assignment of any such rights shall be void from the beginning. Any passwords that are issued for use at or in association with the Website or any Content provided by a Website Content Provider or affiliate are for Your individual use only. You will be responsible for the security of Your password(s). You must keep password(s) issued by the Company and/or Website affiliates strictly confidential, and You hereby agree to do so. If You use a password that the Company considers to be insecure, the Company shall be entitled to require the password to be changed and/or terminate Your authorized access to password protected areas. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. You agree that if You become involved in any violation of system security or if the Company or any Website affiliates reasonably so believes, the Company and all Website affiliates shall independently have the right to release details regarding such incidents and Your personal information to governmental agencies and system administrators at other sites in order to assist them in resolving security incidents, and to do so without any incurring any liability to You whatsoever.
20. Code Of Conduct You agree, warrant and covenant to use the Website in accordance with the following Code of Conduct and that we may terminate Your right to use or access the Website and/or Content for violating any of these provisions:
- 20.1 You will not use the Website to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Website which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
- 20.2 You will not use the Website to infringe the privacy rights, property rights, including intellectual property rights, or any other rights of any person or entity, including, without limitation, the company's rights, Website affiliate's rights or any other Website user's rights.
- 20.3 You will not download or access any content available at or in association with the Website that does not comply with the community standards of the community to which You desire to have such content delivered or transmitted.
- 21.1 Opt-out and Cancellation Provisions. At any time, You may opt out of future e-mailings and cancel Your receipt of e-mails from the Company by clicking the unsubscribe link at the bottom of the e-mail advertisement sent to You by the Company.
- 21.3 No Actions Resulting From Registration In "No Contact" Registries. You hereby agree that You will not bring any action against Company, any Website Content Providers, or any of the Website's affiliates or any of the aforementioned parties' principals, employees or agents as a direct or indirect consequence of Your registration of an email address, mailing address, telephone number or other contact point with any governmental "do not email" registry with respect to any such contact point You have provided to the Company and/or one or more Website Content Providers after indicating that You have given the Company and/or such Website Content Providers permission to send You email, e.g., as You have done so in this Agreement above. You agree to indemnify the Company and Website Content Providers, the Website's affiliates and all their agents for any and all expenses and damages that result from any and all breaches of this subparagraph 21.3 and for any actions against Company, Website Affiliates, and/or any Website Content Providers that result from the Company and/or one or more Website Content Providers or affiliates sending You email that You have requested or authorized the Company, its affiliates and/or one or more Website Content Providers or affiliates to send You.
22. Use Of The Website To Communicate With Other Users, Website Affiliates Or Website Content Providers. Except as previously stated, the Company does not endorse, encourage, recommend or arrange personal or social communications or meetings among users of the Website or between a user and any individual Website affiliate or a user and any Website Content Provider. You are expected to use common sense and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom You have communicated through the use of any public areas or chat areas of the Website, if any, or through materials provided by the Company, a Website affiliate or any Website Content Provider. You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by other Website users, Website affiliate, any Website Content Provider, or through any use, directly or indirectly, of the Website. You further acknowledge and agree that the Company does not screen any communications between Website affiliates or Content Providers and Website users and the Company has no control over such communications and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of any Website Content Providers, any affiliate or any other users of the Website, including any person who places any advertisements, profiles or notices on or in association with the Website.
- 22.1 The Company may in its discretion provide a service that enables authorized Users to communicate with or otherwise share information with other Users or persons who offer to provide a service to Users, such as Website Content Providers or to post information at, in or on the Website. If the Company provides such service and if You make use of the service, You agree that You will not post, submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, threatening, offensive, fraudulent, obscene, lewd, excessively violent, harassing or otherwise objectionable 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. You acknowledge that transmission of such material or any material that violates any federal, state, or local law in the Colorado or anywhere else in the world, is strictly prohibited by the Company and You further agree that any transmission of such material by You shall constitute a material breach of this Agreement entitling Company, without notice and without any liability for damages or reimbursement to You, to immediately terminate Your rights to access to the Website.
- 22.2 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 information 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.
- 22.3 If the Company provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other users of the Website who are authorized to access the Website and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the Company provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to Company directly or through the Website can be read by the operators and/or other agents of Company whether or not they are the intended recipient(s).
- 22.4 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.
- 22.5 Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Code of Conduct of the Website or any applicable content guidelines adopted from time to time by the Website, or to be otherwise unacceptable.
- 22.6 You acknowledge and agree that You shall remain solely responsible for the content of messages and other materials You may upload to the Website, to Website Content Providers or affiliates, or to other Users of the Website. You further acknowledge and agree that You shall remain solely responsible for any information You send, display, or receive through the Website even if a claim should arise relating thereto after termination of service.
- 22.7 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 which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential or proprietary. Consequently, You should not use the Website for any communication which You intend only You and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).
23. Disclaimer And Limitation Of Liability Regarding Website Content Providers, Company Affiliates, Other Website Users And Other Third Parties.
- 23.1 You acknowledge and agree that Company shall not be held responsible or liable for the quality, legality, or any other matter regarding Content that is made available to You on or in association with the Website by Website Content Providers, the company's affiliates, any Website Users or any other third parties.
- 23.2 You further acknowledge that You understand that we do not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other users of the Website, including without limitation any and all advertisers, and that consequently You release the Company from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or content of any kind provided by other Users of the Website.
- 23.3 You acknowledge and understand that we do not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Website by Website Content Providers, affiliates or other third-party licensees, advertisers, or users of the website for electronic dissemination through the Website. You are therefore cautioned and advised to use Your 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 responding to any communication at the Website.
- 23.4 Some of the materials that You might access via hyperlinks at the Website will connect You to third-parties, or to third-party Websites that may provide content to the Website via hyperlinks. We have no editorial control or supervision over selection or display of such content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for all such content.
- 23.5 You acknowledge that You understand that we cannot ensure nor do we make any representations or warranties regarding the security or privacy of information that You voluntarily provide to the Company, Website Content Providers, affiliates or any other website users and that You release the Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the use of such information.
- 23.6 You hereby release Company and its directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns from any and all liability and responsibility in connection with the Content and all other information, messages, communication or other materials You may receive from the Company, Website affiliates or Website Content Providers.
24. No Representation, Guarantee Or Warranty That Website Or Content Associated Therewith Is Free Of Harmful Or Malicious Code. You understand that neither Company, Website affiliates nor any Website Content Providers represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from the Website any Website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties ("Harmful Code"). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither the Company, Website affiliates nor any Website Content Providers assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the Website or any Content or other materials You may obtain in association therewith.
25. Disclaimers; No Warranties; Your Use Of This Site Is At Your Own Risk. You hereby agree that the use of the all materials, features, functions and all other goods and services provided to You by the Company, and the use of any and all Content provided by Website Content Providers and affiliates are provided to You on an "as is" basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Company and Website Content Providers and affiliates expressly disclaim all such warranties. Neither the Company, Website affiliates nor any Website Content Providers warrant that the functions of the Website or Content provided by any of the aforementioned parties nor does the Company warrant that any other materials available in, at, through or in association with, the Website will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, Website affiliates, Website Content Providers or any of the company's suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of Content or any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
26. Limit Of Company's, Website Content Providers' and Website Affiliates' Liability. Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to use the Website set forth herein, and to access Content made available to You by Website Content Providers' and/or affiliates', You agree that any and all liability that might be attributable to the Company, Website Content Providers or Website affiliates, or to any of their directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns that directly or indirectly results from Your use of the Website and/or Website Content Providers' or affiliates' Content, 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, negligence or under any other cause or action, shall be strictly limited to the lesser amount of (1) the license fee paid by You for access to the Website or for the Content You accessed at the Website or (2) fifty dollars ($50.00). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Agreement should apply to You, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Agreement shall be construed to be as broad as is permissible under applicable law.
27. Waiver of Section 1542. With respect to the releases of liability set forth in this Agreement, You hereby acknowledge that You have been advised by Your independent counsel or You otherwise understand the consequences of entering into the general release and discharge of all known and unknown Claims as set forth in this Agreement, and that You are familiar with the provisions of Section 1542 of the California Code, which currently provides that:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.You hereby expressly waive any and all rights under Section 1542 and under any other federal or state statutes or laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed or operate to limit any obligation, duty, warranty or other responsibility set forth in this Agreement, in any way.
28. Cooperation With Law Enforcement. The Company, Website affiliates and all Website Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, Website Affiliates and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any Content available through or in association with Website. By accepting this Agreement and using the Website, You waive and hold harmless Company, Website affiliates, Website Content Providers and the operators of Website from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority's investigations.
29. Notices To Company Or User Notices from the Website to authorized Users may be given by means of electronic messages or by general posting on the Website. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at: [email protected].
30. Entire Agreement. This Agreement in association with any and all agreement(s) You may have or enter into in future with Company, Website Content Providers and/or Website affiliates regarding Content provided to You at, in or through the Website, or in association with services provided by the Company, contains the entire agreement between You and the Company regarding Your access to, and use of, the Website, Content, and all other materials and services available in, at, through or in association with, the Website, and all features and functionality directly and indirectly related to the Website. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Agreement may be amended at any time by the Company by updating the online version of this Agreement on the fadeawaytonight.com Website.
31. Dispute Resolutions; Choice Of Law; Arbitration; Venue And Jurisdiction. You agree that this Agreement and all disputes or controversies of any kind arising under, or related to the materials, services, features or functions available in, at, through or in association with, or in any way relating to, the Website, any Content or services provided by any Website Content Providers or affiliates and/or this Agreement, shall all be governed by and construed under the laws of USA. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- 31.1 Choice of Law. You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of USA.
- 31.2 Arbitration. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in USA, in accordance with the rules of the proper jurisdiction. 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 USA. Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the company's sole discretion shall elect the dispute to be resolved by new arbitrators
- 31.3 Venue and Jurisdiction. You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be USA. You and Company agree that in case of any litigation regarding this Agreement, the venue for such litigation shall be, depending on the subject matter of the dispute, in USA. You hereby consent and stipulate to the jurisdiction of the Courts of USA.
32. Member Disputes: fadeawaytonight.com does not solicit or control the information provided by any Member that may be made available through our system. You may find other user's information to be offensive, harmful, inaccurate or deceptive. If so, please request a profile review using the link provided on the Member's profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our Site. You are solely responsible for your interactions with other fadeawaytonight.com Members. Because fadeawaytonight.com is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed or used information on the fadeawaytonight.com Site, you agree to release fadeawaytonight.com, including its officers, directors, agents, subsidiaries, parent companies and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes
33. U.S. Export Controls: Software from this Site is further subject to Colorado export controls. No software from this Site may be downloaded or otherwise exported or re-exported:
- 33.1 Into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or
- 33.2 To anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
34. Unenforceability Of Provisions You and Company agree that 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 and all other portions of this Agreement shall remain in full force and effect (i.e., if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).
35. Non-Waiver You acknowledge and agree that the failure of the Company or any the Website Content Providers or affiliates, or any of either's assignees or successors, to enforce any of the specific provisions of this Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right hereunder.
36. Affirmation Of Agreement; You acknowledge You Have Read This Entire Agreement. By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining Content from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by authorizing the use of Your credit card for payment of charges for Content and each time You access any restricted part of the Website.
37. No Authorization To Acquire Content Of The Website Without Full Agreement. You acknowledge and agree that unless You expressly agree with all the terms of this Agreement, You will not be authorized to access the company's or the company's agent's computers or servers to download or otherwise use the Website, to acquire access to use any services offered or otherwise provided by or through the Website or to acquire any kind of Content from the Company, any Website affiliates or any Website Content Providers.
38. Mutually Drafted Negotiation Option; Paragraph Headings. For purposes of construction and interpretation of this Agreement, both You and the Company shall be deemed to have mutually drafted this Agreement and all parts thereof. If You would like to negotiate other terms or otherwise modify this Agreement before providing your assent and agreement, please contact the Company at: Jacobs Venture, Inc.. You hereby acknowledge and agree that this is not a contract of adhesion and that as a material inducement for Company to provide a license to You to use the Website You hereby agree that You shall not make any claim or support any action on the claim that this Agreement constitutes a contract of adhesion or is unconscionable in any way. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this agreement. You acknowledge and agree that Company did not require You to enter into this Agreement without having sufficient time and opportunity to consult with an attorney. You hereby further acknowledge that You have either consulted with an attorney prior to agreeing to the provisions of this Agreement or You expressly and knowingly have opted not to seek legal counsel prior to your full agreement hereto. Paragraph and subparagraph headings of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
39. BILLING POLICY
An email confirmation of payment will be sent to the email address provided upon sign up. If you have not received the email please contact customer support immediately to have the payment confirmation resent. If you have entered an incorrect email address you will be able to change the address and have a new confirmation of payment and terms sent to the additional email address.” If at any times you have questions regarding billing never hesitate to contact customer support. Never provide your credit card number. That will never be asked for. If anyone ever asks for your credit card number please report to us immediately as this is not needed by us and should never be shared with anyone.
The below payment options are available to all customers. Once a customer has chosen a payment option that payment option will not change unless canceled. New payment options can be introduced at any time and current payment options can be discontinued for new customers at any time. The current billing options available:
- $1.95 access for 3 days. This converts in 72 hours to a 30 day billing subscription for $49.95. This recurs every 30 days for $49.95 until canceled.
- $5.00 limited access for 14 days. This converts to a 30 day billing subscription for $39.95. This recurs every 30 days for $39.95 until canceled.
- 1 month (30 days) of full access for $34.95. This recurs every 30 days for $34.95 until canceled.
- 2 months (60 days) of full access for $59.95. This recurs every 60 days for $59.95 until canceled.
- 3 months (90 days) of full access for $69.95. This recurs every 90 days for $69.95 until canceled.
fadeawaytonight.com guarantees the satisfaction of our customers. If you are not satisfied with the service provided we will process a refund to your credit card. If you wish to extend the life of your subscription in lieu of a refund you have that option. The billing system used by fadeawaytonight.com or our authorized agents provides extensive credit card fraud protection measures and our site includes many features to protect users from accidental charges. If you have any feedback, please let us know. All feedback goes a long way to helping our billing resources team of agents address future interactions with our customers.