Terms and Conditions
Last Updated: January 5, 2022
This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
This terms-of-service agreement is entered into between you and CFA Enterprises, registered in Wyoming with number 92-3574416 (“Company”). The following agreement, together with any documents it expressly incorporates by reference (collectively, “agreement”), governs your access to and use of www.charlieforde.com and store.charlieforde.com, including any content, functionality, and services offered on or through www.charlieforde.com and store.charlieforde.com, whether as a guest or a registered user.
“Bookmarking” means the act of placing a web page (URL) into a temporary file on the User’s browser so that the User may return to the page at a future date directly, without passing through any preceding pages.
“Chargebacks” means a request you file directly with your card company or bank to invalidate Fees.
“Fees” means amounts paid or payable to Company in exchange for Membership or Pay-Per-Clip Content under this agreement using a Payment Method. Fees are posted on the Website and are incorporated by reference into this agreement.
“Login” means the combination of the unique username and password sold or provided by the Company to the User and used to access the Website.
“Membership” means the access granted to a User to the Website using a Login for a limited period to use the Services.
“Pay-Per-Clip Content” means the access granted to a User to individual scenes after payment of a specified amount on a pay-per-clip basis.
“Payment Method” means the method of payment that you use to buy your Membership or Pay-Per-Clip Content, including credit card and debit card.
“Services” means the limited, non-transferrable license to stream or download images and video or other content from the Website and to navigate different areas of the Website.
“User” means an individual of or over the age of majority in the jurisdiction where they are located who has a Membership or rightfully accesses the Website or buys Pay-Per-Clip Content.
“Website” means the website to which you are buying a Membership or accessing the Services or buying Pay-Per-Clip Content, including www.charlieforde.com and store.charlieford.com.
Acceptance of Agreement
By using the Website or by clicking to accept or agree to the agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.
This Website is offered and available to Users who are at least 18-years old and who have reached the age of majority where they live. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not mee all these requirements, you must not access or use the Website.
Bookmarking to a page on the Website whereby the warning page or this agreement is bypassed will constitute implied acceptance of this agreement and an explicit confirmation that the User is of or over the age of majority in their jurisdiction and the Materials are not illegal in the Territory.
Changes to Agreement. The Company may revise and update this agreement from time to time in its sole discretion. All changes are effective immediately when it posts them and apply to all access to and use of the Website afterward. However, any changes to the dispute resolution provisions set out in section 23 (Governing Law and Jurisdiction) and section 24 (Dispute Resolution and Binding Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website after the posting of the revised agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Agreement to View Adult Material. The Website is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented, and frankly erotic, nature. The material available by the Company within the Website may include graphic visual depictions and descriptions of nudity and sexual activity and is prohibited to be accessed by anyone under legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website and must leave now. By accessing the Website or by buying a Membership or Pay-Per-Clip Content from the Company, you state that the following facts are accurate:
You (1) are at least 18-years old, (2) have reached the age of majority where you live, and (3) have the legal capacity to enter into this agreement.
All information you provided to the Company is accurate, and you will promptly update this information when necessary to make sure that it remains accurate.
You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity.
You are familiar with your community’s laws affecting your right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities.
You have the legal right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities, and the Company has legal right to transmit them to you.
You are voluntarily requesting adult-oriented materials for your private enjoyment.
You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of local law.
You will not share these materials with a minor or otherwise make them available to a minor.
By accessing the Website, you will have released and discharged the providers, owners, and creators of the Website from all liability that might arise.
Section 230(d) Notice. Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Child Sexual Abuse Material (CSAM) Prohibited. The Company prohibits content involving minors on the Website. The Company only allows visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website or that is otherwise exploitative of children, please promptly report this to the Company at firstname.lastname@example.org. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take proper action. The Company fully cooperates with any law enforcement agency investigating alleged child exploitation or child sexual abuse material.
Territory. Each Membership or Pay-Per-Clip Content is for use within a limited territory that excludes all jurisdictions where the content is illegal (“Territory”). Access to the Website might not be legal by certain persons or in certain countries. The Company is not making any statement that the Website or its content is accessible or appropriate in your jurisdiction. If you access the Website, you do so on your own initiative and are responsible for complying with all local laws.
Location Breach. If the Company detects a Membership or Pay-Per-Clip Content is bought or used outside the Territory, the Company may, at its discretion, disable Membership or Pay-Per-Clip Content so the Login will not work and terminate this agreement for breach without any refund of Fees already paid.
Accessing the Website. The Website allows you to buy access to digital content, including videos for streaming or download or both. To view the digital content, you will need a personal computer, tablet, phone, or other device that meets the Website’s system and compatibility requirements and a high-speed internet connection. The Company may withdraw or amend this Website, and any service or material it provides on the Website, in its sole discretion without notice. The Company will not be liable if, for any reason, any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to Users, including registered Users. You are responsible for making all arrangements necessary for you to have access to the Website.
Account Creation. You must complete the registration process by providing the Company with accurate information as prompted by the registration form. You must provide a valid email address, a username, and a password. Do not choose a username that is offensive or that infringes a person’s service mark, trademark, or trade name. We may delete or require you to change any username that violates this section 7.1. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website’s technical requirements for the composition of passwords. By creating an account, you state to the Company that (a) all account registration information you provide is your own and is accurate; (b) if you previously had an account on the Website, the Company did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your own personal use, and you will not sell, rent, or transfer your account to any other person.
Responsibility for Login. You are responsible for keeping your Login confidential. Further, you are responsible for all activities that occur under your Login. You will promptly notify the Company of any unauthorized use of your Login or any other security breach. You must not sell, rent, lease, share, or provide access to your Login to anyone else. The Company may disable any username, password, or other identifier, whether chosen by you or provided by the Company, at any time in its sole discretion for any reason or no reason, including if, in its opinion, you have violated any part of this agreement.
Liability for Login Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your Login, either with or without your knowledge. You could be held liable for losses incurred by the Company or another person due to someone else using your Login.
Use of Other Logins. You must not use anyone else’s Login at any time.
Account Security. The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized persons will never be able to defeat the Website’s security measures or use any personal information you provide to the Company for improper purposes. Therefore, you acknowledge that you provide your personal information at your own risk.
Fees and Membership Information. Users are liable for Fees for Membership together with all applicable taxes. You must have Internet access and provide the Company with a current, valid, accepted Payment Method. The Company will bill the Fees to your chosen Payment Method. The Company may adjust Fees for Memberships at any time as it may determine in its sole discretion. The Company does not provide price protection or refunds in the event of a price reduction or promotional offering.
Membership Types. The Website may offer various types of Memberships of different terms (ex: monthly, three-month, six-month) (each, a “Membership Term”). Each Membership Term offered will have its own Fee indicated during the join process and will rebill at the Fee and at the frequency indicated in the receipt sent to the User’s email address. Fees are subject to change due to applicable laws and taxes; if you do not cancel within 30 days then you are deemed to have accepted the change in Fee.
Auto-Renewal. Your Membership will continue for the Membership Term and automatically renew for additional prepaid periods of the same length at the rates in effect at the time you originally signed up until cancelled. Users must cancel their Membership before it renews each term to avoid billing of the next term’s Fees to their Payment Method. Until cancelled, the User authorizes the Company to continue charging the User’s Payment Method to pay: (i) Fees for Membership; (ii) all purchases of other products, services, and entertainment provided by the Website; and (iii) other liabilities of User to the Company.
Delayed Transactions. If a User’s Payment Method was declined, the Company may attempt to process the Payment Method again under the same conditions as initiated by the Users, within seven days of the User’s first attempt to buy their Membership. Where the Payment Method is approved in such a circumstance, the User will receive an email confirming the successful completion of their transaction along with their Login details. The User’s next rebill will be attempted on their initial rebill date. The Company reserves the right to change the Fee of the rebill or of the initial transaction to a lesser amount with the obligation to continue the User’s Membership at the original rebill Fee, which shall take effect as of the next rebill unless the User cancels before that rebill, or at the initial Payment Method Fee to successfully complete the User’s purchase of their Membership. In case of an unsuccessful recurring payment, an administrative fee of up to US$2 may be charged to maintain an active Membership until the full Membership Fee can be processed successfully. At any time, should you have any questions about the rebill Fee or date of your Membership, please contact email@example.com.
Cancellation Policy. The User acknowledges that buying a Membership or Pay-Per-Clip Content will result in a supply of the relevant Membership or Pay-Per-Clip Content before the end of the period of 14 days from the date when the transaction was entered into, and the User gives his or her express consent to this and confirms to the Company that he or she is aware that any statutory right to cancel the transaction that the User has under the Consumer Rights Act 2015 or any other applicable law will thus be lost. Memberships may be cancelled at any time by contacting Segpay at https://www.segpay.com. If a Membership is cancelled before the renewal date, the User will continue to have access to the Website for the remainder of the Membership Term.
Individual Clip Purchases (Pay-Per-Clip Content)
Purchases. The Website offers Users the ability to buy Pay-Per-Clip Content. Each clip will have its Fee clearly indicated. It is your responsibility to check the price before buying Pay-Per-Clip Content. Pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. Users will have a lifetime access to all Pay-Per-Clip Content bought.
Payment. The Company accepts payment via the Payment Methods identified on the Website before checkout. All Pay-Per-Clip Content purchases are one-time charges, meaning the Company will not charge you again unless you buy another clip. Unless the Website indicates otherwise, you must have a valid Payment Method to make a purchase. You must abide by any relevant terms of service or other legal agreement, whether with the Company or any other person that is not a party, which governs your use of a given Payment Method. You must pay in advance for Pay-Per-Clip Content. The Company will charge your Payment Method for the price listed for the applicable Pay-Per-Clip Content, along with any added amounts relating to applicable taxes, bank fees, and currency fluctuations.
Price Changes. The Company may adjust pricing for Pay-Per-Clip Content at any time as it may determine in its sole discretion. The Company does not provide price protection or refunds in the event of a price reduction or promotional offering.
Taxes, Billing Disputes, Refunds, and Chargebacks
Taxes. You are responsible for all applicable federal, national, state/provincial, or local sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a transaction, you will be responsible for those taxes or fees if they are later found to be payable on that sale, and the Company may collect those taxes or other fees from you at any time. If the Company must collect or pay any taxes with your purchase, the Company will charge you those taxes at the time of each payment transaction.
Billing Disputes. If you believe that the Company has charged your Payment Method in error, you must notify the Company in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this period, you waive any disputed charges. You must submit any billing disputes in writing through firstname.lastname@example.org and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments. For all billing inquiries, you may also visit https://www.segpay.com.
Refunds. Except as provided by law, Fees are non-refundable once the Login details have been used on the Website or you have downloaded the Pay-Per-Clip Content. Non-use of a Membership or inability of User to access the Website or Pay-Per-Clip Content through no fault of the Company are not grounds for a refund of Fees. There are no refunds or credits for partially used Membership Terms. If you believe exceptional circumstances exist for a refund, please email us at email@example.com. If the Company issues a refund in its sole discretion, the Company will issue that refund in the form of a credit to the Payment Method used to make the original purchase. The Company will not make refunds in the form of cash, check, or free services. All refunds will be issued within ten days of communication between the User and the Company. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require the Company to issue refunds in the future under any circumstance. This section 10.3 does not affect any statutory right to receive a refund from the Company that a User may have under the Consumer Rights Act 2015 or any other applicable law.
Chargebacks. The Company carefully investigates all Chargebacks. You must not make unjustified Chargeback requests of your payment card provider. The User will remain responsible for the consequences caused by such a breach of contract. The Company will review excessive and potentially fraudulent Chargebacks and the Company may prevent the User from making additional purchases during that review. If the Company determines that any Chargeback request is fraudulent or was made by the User in bad faith, the Company may suspend and terminate your Membership or any future Membership you buy.
Intellectual Property Rights
Ownership. The Company owns and operates the Website and the Services. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by the Company, its licensors, or other providers of those Materials. Copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
License Grant. The Company hereby grants you a single, limited, personal, non-transferable, nonsublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Website for the sole purpose of accessing the Materials in the manner provided for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
Your computer may temporarily store copies of those Materials in RAM incidental to your accessing and viewing those Materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
You may download or stream any Materials (including Pay-Per-Clip Content) to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company’s end user license agreement for those applications.
If the Company provides social media features with certain content, you may take those actions as are enabled by those features.
You must not:
Download any Materials unless the Website itself gives you that option.
Modify copies of any Materials from the Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or Materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately, and you must, at the Company’s option, return or destroy any copies of the Materials you have made. As between you and the Company, the Company retains all right, title, and interest in all intellectual property rights in the Website and its Materials. No interest in or to the Website or any Materials on the Website is transferred to you other than your limited rights under this agreement, and the Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws. The Company reserves the right to terminate the license granted under section 11.2 at any time if the User breaches this agreement.
Trademarks. The Company’s name and logo; the term CHARLIE FORDE; the Website’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Company, its affiliates, or licensors. You must not use those marks in whole or in part in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits the Company, without first obtaining the Company’s prior written permission. Any use of these marks must be under any guidelines that the Company may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information—by trade name, trademark, manufacturer, supplier, or otherwise—does not constitute or imply the Company’s endorsement, sponsorship, recommendation, or any other affiliation.
You must use the Website only for lawful purposes and under this agreement. You must not use the Website:
In any way that violates any applicable federal/national, state/provincial, territorial/regional, local, or international law or regulation (including any laws about exporting data or software to and from the US or other countries).
To exploit, harm, or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
If the Website enables Users to share information with nonparties, the User will not submit, publish, or display any obscene, defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of material violating any federal, state, or local law is prohibited and is a breach of this agreement. The Company will not be liable for any information posted by Users on the Website. The Company is not required, but reserves the right, to edit material posted by the User on the Website. The User hereby grants the Company an unlimited, worldwide, royalty-free license to collect, store, and disclose all material posted by the User on the Website.
To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or try to impersonate the Company, a Company employee, another User, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as the Company determines, may harm the Company or the Users or expose either to liability.
Additionally, you must not:
Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any Materials.
Use any manual process to monitor or copy any of the Materials or for any other unauthorized purpose without the Company’s prior written consent.
Use any third-party software or process to record, download, or rebroadcast any Materials.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise try to interfere with the Website’s proper working.
Termination by the User. Users may terminate their Membership at any time and without cause by contacting Segpay Billing Support at https://www.segpay.com.
Termination by the Company. The Company may suspend, disable, or terminate your Membership or access to the Services or Website (or any part of it) for any reason, including if it determines that you have breached this agreement, you engaged in fraud, you violated applicable law, or that your conduct would tend to damage the Company’s reputation and goodwill.
Effect of Termination. On termination, your right to access the Website and all licenses granted by the Company terminates. The Company may block your email and IP address to prevent further access. Termination of your Membership or access to the Services or Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to the Company or any other person that is not a party.
Survival. This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.
Changes to the Website. The Company may update the Materials on the Website from time to time, but the Website’s Materials are not necessarily complete or up to date. The Website’s Materials may be out of date at any given time, and the Company is not required to update those Materials. The Company reserves the right to modify any Materials or the Website without your prior notice or consent.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output and for maintaining a means external to the Website for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of the Website or any services or items obtained through it or by your downloading of any Material posted on the Website or any website linked to it.
You use the Website, the Materials, and any Services or items obtained through the Website at your own risk. The Company offers the Website, the Materials, and any Services or items obtained through it “as is” and “as available.” The Company is not making any warranty, whether express, implied, statutory, or otherwise, including any warranty of merchantability, title, noninfringement, security, and fitness for a particular purpose. The Company is not making any warranty (1) that the Website, the Materials, or any Services or items obtained through it will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any Services or items obtained through it will otherwise meet your needs or expectations. No advice or information, whether oral or written, obtained from the Company, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
Limitation of Liability; Release
The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
Errors, mistakes, or inaccuracies of Materials;
Personal injury or property damage resulting from your access to and use of the Website, the Services, or the Materials;
Materials or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to your account, transmissions, or data;
Interruption or cessation of transmission to or from the Website;
Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
Incompatibility between the Website and your other services, hardware, or software;
Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
Loss or damage incurred because of the use of any Materials posted, emailed, sent, or otherwise made available through the Website.
You hereby release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of the conduct of other Users or nonparties, including disputes between you and one or more other Users or nonparties.
Exclusion of Damages; Exclusive Remedy
Unless caused by it gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the Materials. This exclusion applies regardless of the theory of liability and even if you told the Company or it knew or should have known about the possibility of those damages.
The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the Materials. This exclusion applies regardless of the theory of liability and even if you told the Company or it knew or should have known about the possibility of those damages.
If you are dissatisfied with the Website or the Services or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using the Website and the Services. The Company’s maximum liability to you for any claim will not exceed the greater of US$200 and the amount you have paid to the Company for the applicable purchase out of which liability arose, even if that remedy fails of its essential purpose.
Waiver of California Civil Code Section 1542—California Residents Only. For the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
You waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.
Scope of Disclaimers, Exclusions, and Limitations. The disclaimers, exclusions, and limitations stated in sections 17, 18, and 19 apply to the greatest extent allowed by law, but no more. The Company does not exclude or limit in any way its liability to you where it would be unlawful to do so or otherwise intend to deprive you of any mandatory protections provided to you by law. This includes liability for death or personal injury caused by the Company’s negligence or the negligence of the Company’s employees, agents, or subcontractors and for fraud or fraudulent misrepresentation. Because some jurisdictions may prohibit the disclaimer of some warranties, excluding some damages, or other matters, one or more of the disclaimers, exclusions, or limitations will not apply to you.
In General. You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (collectively, “Indemnified Parties”) for any loss of an Indemnified Party that is caused by any of the following: (a) your access of or conduct on the Website; (b) your breach of this agreement; (c) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (d) your violation of any applicable law; (e) your tortious acts or omissions; or (f) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s intentional misconduct.
Definitions. “Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
Indemnified Party’s Duty to Notify You. The Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
No Exclusivity. The Indemnified Parties’ rights under this section 22 do not affect other rights they might have.
Governing Law and Jurisdiction
US law governs all adversarial proceedings arising out of this agreement or use of the Website, including the Services and Pay-Per-Clip Content. The User will also be able to reply on mandatory rules of the law of the jurisdiction where the User lives. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the courts of the United States. Each party hereby submits to the personal jurisdiction of the courts of the United States to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
Dispute Resolution and Binding Arbitration
You and CFA Enterprises are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and the Company arising from or relating in any way to your use of the Website or the Services, will be resolved exclusively and finally by binding arbitration.
Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) will administer the arbitration under its rules available at www.arbresolutions.com, then in effect, except as modified by this section 24.1. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the Prevailing Party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide the Company with written notice of your intention do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, neither you nor CFA Enterprises. will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this section 24.1 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the Prevailing Party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the Prevailing Party incurs in those proceedings, including legal fees and expenses. For purposes of this section 24.2, “Prevailing Party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the Prevailing Party. If any proceedings are voluntarily dismissed or are dismissed as part of the settlement of that dispute, neither party will be the Prevailing Party in those proceedings.
Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.
Limitation on Time to Bring Claims. A party must not bring a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
Entire Agreement. This agreement constitutes the entire agreement between you and the Company about your use of the Website and the Services and supersedes all earlier or contemporaneous agreements between you and the Company about your access to and use of the Website and the Services. Any additional terms on the Website will govern the items to which they pertain.
Assignment and Delegation. The Company may assign its rights or delegate any performance under this agreement without your consent. You must not assign your rights or delegate your performance under this agreement without the Company’s prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 25.2 is void.
Waiver. If the Company fails to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
Notice to the Company. You may notify the Company by email at firstname.lastname@example.org unless a specific email address is given for providing notice. The Company may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying the Company.
Notice to You—Electronic Notice. You consent to receive any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave the Company for contacting you is a valid email address for receiving notice.
Force Majeure. The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
No Third-Party Beneficiaries. Except for the Indemnified Parties, who are third-party beneficiaries of section 22 of this agreement having the right to enforce section 22, this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
Binding Effect. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
Electronic Communications Not Private. The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. When you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Consumer Rights Information—California Residents Only. This section 25.11 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
CFA Enterprises, 30 N Gould St Ste R Sheridan Wyoming 82801.
Users who wish to gain access to the members-only area of the Website must be a member in good standing. The Company posts the current Fees for Membership on the join page. The Company may change the Fees at any time. Users may contact the Company at email@example.com to resolve any billing disputes or to receive further information about the Website.
Complaints—California Residents Only. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
Feedback. The Company encourages you to provide feedback about the Website or the Services. But the Company will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
Applicability. Whether or not you are a User of the Website, you can use this policy to alert the Company to any complaint that you have relating to the Website.
How to Make a Complaint. If you have a complaint about the Website (including any complaint about Materials appearing on the Website or the conduct of a User), please send your complaint to firstname.lastname@example.org, including your name, address, contact details, a description of your complaint, and, if your complaint relates to Materials, the URL for the Materials to which your complaint relates. If you cannot contact the Company by email, please write the Company at the address identified in section 25.15.
Complaints of Illegal or Non-Consensual Content. After receiving your complaint of illegal or non-consensual content under section 25.14(b), (i) the Company will take those steps as it considers to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint; (ii) if the Company requires further information or documents from you, the Company will let you know; (iii) the Company will in good faith investigate your complaint within seven business days; (iv) if the Company is satisfied that the content is unlawful or non-consensual, the Company will immediately remove that content, and the Company will notify you of its decision by email or other electronic message; and (v) if the Company is satisfied that the content is not unlawful or non-consensual, the Company will notify you of its decision by email or other electronic message. Any dispute regarding the Company’s determination that content is non-consensual will be submitted by the Company to a neutral arbitration association at the Company’s expense.
All Other Complaints. After receiving any other complaint (including complaints related to other breaches of this agreement) under section 25.14(b), (i) the Company will take those steps as the Company considers to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint; (ii) if the Company requires further information or documents from you, the Company will let you know; and (iii) the Company will in good faith take those actions as the Company considers appropriate to deal with the issue that your complaint has raised. If you have complained about the content that appears on the Website and the Company is satisfied that the content otherwise breaches this agreement, the Company will act promptly to remove that content. The Company is not required to inform you of the outcome of your complaint.
Unjustified or Abusive Complaints. If you are a User, you state that you will not make any complaint under this section 25.14 that is wholly unjustified, abusive, or made in bad faith. If the Company determines that you have breached this warranty, the Company may suspend or terminate your Login.
Your Comments and Concerns. The Website is operated by CFA Enterprises LLC, 30 Gould St Ste R Sheridan Wyoming USA. You should direct all feedback, comments, requests for technical support, and other communications relating to the Website to the Company at email@example.com.
Content Reporting / Removal Policy
CFA Enterprises LLC takes all content removal requests very seriously and reviews and addresses them all within seven (7) days.
Please complete the form below should you be the victim of, or come across content that you have personal knowledge of as constituting:
• Non-consensual production and/or distribution of your image (including but not limited to such things as: revenge porn, blackmail, exploitation);
• Otherwise abusive and/or illegal content
If you feel you had a valid complaint that was not resolved, you may appeal to firstname.lastname@example.org
Content Management Policy
All content is to be reviewed, edited, uploaded and managed on CFA Enterprises LLC (therefore referred to as “the site” personally by the sole owner (therefore referred to as owner). There will not be third-party or user generated content permitted on the site excluding the comments section which will be moderated to remove all content in violation of the terms and conditions of the site.
All models on the site will be required to provide a government issued ID confirming they are 18 years of age or older and sign a model release.