Mistress Whiplash - Terms and Conditions of Use

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Terms and Conditions of Use & USC2257 Compliance Notice.


TERMS AND CONDITIONS OF USE

AGREEMENT

By entering and/or subscribing to this web site [the Website] you [You] are entering into an agreement [the Agreement] for provision of a service [the Service] with TWO POINT ENTERTAINMENTS LIMITED [the Company] a British Columbia provincial incorporated company, Canada, and You are accepting that You have read, understood, and are bound by these Terms and Conditions [the Terms]. You and the Company are the parties [the Parties] to this Agreement.

The Service and Website include content generated by other web sites and this agreement includes such web sites where these are owned and operated by the Company.

A Member is defined as an individual person who has either paid a subscription to use the Service and/or has signed-in to the site with a username and password however the username and password were obtained. A club or Company or agency or other such entity is not permitted to be a Member.

AGE AND LEGAL ACCESS CERTIFICATION.

You certify the following information and understand that we are relying on such certification and agreement to the Terms for allowing entry into the Website and for use of the Service. You hereby certify under unsworn declaration of perjury the following:

  1. That You are 18 years of age or older;
  2. That You are familiar with all local laws in Your area affecting Your legal right to access adult-oriented materials;
  3. That You have the legal right to access adult-oriented materials and this Website and the Service has the legal right to transmit them to You;
  4. That You are requesting adult-oriented materials solely for Your own personal and private use and enjoyment, and not on behalf of or at the request of any third party; and
  5. That You will never provide to, share with, or otherwise make available adult-oriented materials from this site to a minor, or in ANY WAY make these materials available to a minor.

COPYRIGHTS AND TRADEMARK

All content within the Website is protected by various local laws and International Copyright Law. Duplication, display, and publication of the material and images in any way other than set out in this Agreement is strictly prohibited without the express written consent of the Company or other copyright holders.

You should notify us immediately if You become aware of any unauthorised use or copying of any Content or any part of the Website or any unauthorised access to or other unauthorised activity in connection with the Services.

The name of the Website is a trading name of the Company and may be in-use by the Company under licence from third parties.

LIMITED LICENSE.

The Company provides the materials on this site for the personal, non-commercial use by viewers, fans, visitors, and Members of the Website who are granted a non-exclusive single copy license to view the information offered on this site. The viewing of information on this Website by You is for personal, non-commercial use only, and nothing in this Agreement gives any right to duplicate, render, print or copy any of the information on this Website for anything other than the personal use.

Commercial use is strictly prohibited of any material located on the site, with the exception of RSS feeds which may be aggregated into other websites provided that such RSS feeds, their branding and any html links contained within them remain unchanged.

The Company and its agents reserves the right to limit the amount of materials viewed or downloaded from this site by any user to a reasonable level. Download limits apply to video and other large media artefacts.

In addition, You may not:

  1. Use any of the materials found in or downloaded from the Website for any public display, performance, sale or rental;
  2. Remove, modify or alter any copyright, watermark, proprietary notice, trademarks or other similar instrument from any of the materials found in or downloaded from any area of the Website and/or Service;
  3. Share Your password for the Website with others;
  4. Commit, attempt, commision, or be part of a conspiracy to commit a criminal act against the Website or Service. Specific attention is drawn to the Computer Misuse Act 1990 (as ammended) and Part 5 of the Police and Justice Act 2006 (and equivalent law in other Countries) which list - among others - these offences:
    1. Unauthorised access to computer material
    2. unauthorised access with intent to commit or facilitate commission of further offences
    3. Unauthorised acts with intent to impair operation of computer, etc
    4. Making, supplying or obtaining articles for use in computer misuse offences
    5. Unauthorised modification of computer material.
  5. Otherwise transfer any material found in or downloaded from the Website to any other person or entity.
  6. Use of the Service and the Website for any purpose or in any way that could damage, disable, overburden, or impair the Service and the Website or interfere with any other party's use and enjoyment of the Service and the Website.
  7. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service and the Website.

The Company reserves all other rights coincident or related to this site.

BENFITS OF BEING A MEMBER AND THE MEMBER LOYALTY SCHEME

It is a benefit of being a current Member [Membership] that a Member can identify themselves to the Website (i.e. log-in) and then download video and other media within the constraints of the Service. This benefit does not endure after the time when Membership has expired. The Service does not provide for a Member of expired Member to downloaded authorised or previously authorised media outside of the period permitted for that download.

The Company may at their discretion operate from time to time a Member Loyalty Scheme between this Website and other web sites, whereby continuing as a Member and paying subscription to this Website may include benificial Member access to one or more other web sites at no additional cost to You after various periods of subscription, and while you remain a Member of your 'home' Website. In such case this agreement shall be expanded to cover use of those Websites made available by such sceheme.

The Member Loyalty Scheme is operated at the sole discretion of the Company, who reserve the right to operate this scheme as they see fit: including and not limited to the granting or withdrawal of the scheme or its benefits to any user or group of users, or to adjust the scheme from time to time in any way that they so choose to do.

In all matters relating to the Member Loyalty Scheme the decision of the Company is final.

TERMINATION, SUSPENSION AND BLOCKING

The Company reserves the right to terminate or suspend the Agreement and/or any related membership agreement at any time if You breach or violate any provision of the Agreement. In such cases:

  1. We reserve the right to terminate without any warning;
  2. We reserve the right to withdraw use of the Service from (i.e. block) any remote IP address, group of remote IP addresses, or identifiable user;
  3. We will advise CCBILL of such action.

As an alternative or precursor to termination we reserve the right to block access to the Website for any Member and request an explanation of irregularities in use or set up of the Member account. In such event the Member is strongly advised to provide a full and accurate explanation in response to questions asked, and evasive, incomplete and innacurate answers will result in termination.

ACCESS RESTRICTIONS AND AVAILABILITY

The Company and the Operator reserves the right to block access to the Website and the Service from any IP address, group of IP addresses, or class of IP address (e.g. by Country).

LINKS TO THIS SITE

Any hypertext link to this Website should be made to the home page of this Website.

Unless otherwise authorized in writing by the Company, You may only establish a hypertext "link" direct to content within this Website (such as news feeds) for non-commercial purposes only. The Company reserve the right to block direct hypertext links to content within the Website from other locations.

LINKS FROM THIS SITE

You may activate links (hyper-links) in the Website leading to other web sites and services which are not under the control of the Company and for which the Company has no control or responsibility. It is reasonable to expect linked sites to have an adult theme and to contain adult content. Activation of any such link is a user decision and responsibility and users should read and abide by terms and conditions on those sites.

The Company is not responsible or in any way liable for any content which is contained on a web-site linked to from the Website by hyperlink or other means. Neither is the Company responsible for the images and content of advertising material displayed automatically on the Website but contained (hosted) on third party websites.

ACCURACY OF INFORMATION

While reasonable efforts are made to ensure that the information contained on the Website is correct, the Company makes no warranty express or implied as to the nature or accuracy of any such material to the extent permitted by acceptable law.

JURISDICTION AND VENUE.

The Company make no representation that the materials available on the Website are appropriate or available for use in other locations. Access to the Website and the Service from jurisdictions where the contents of the Website or the Service are illegal is prohibited.

DISCLAIMER

The materials on the Website are provided "AS IS" without any express or implied warranty of any kind including warranties of merchantability, noninfringement of intellectual property or fitness for a particular purpose. The Company offers no assurance of uninterrupted or error free service. The Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the Website. The Company may change any of the information found at this site at any time without notice including the Terms of Use without notice. The Company makes no commitment to update the information found on this Website. In no event shall the Company be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use or inability to use the material or information available on this site, even if the Company has been advised of such damages.

PRIVACY

The Company contracts with others [the Operator] to operate the Service.

RECORDING YOUR ACTIVITY:

PERSONALLY IDENTIFIABLE DATA:

  1. It is only when You complete a form that requests personal information or email that You can be identified as a person by the Company or Operator.
  2. When You pay a subscription to enable use of the Service as a Member You will complete an online form with Your personal details, and enter into other agreements with third party suppliers and Your details will be stored and / or used by the Company, the Operator, or one of its suppliers.
  3. You are responsible for keeping your password and user details confidential. We will not ask you for your password (except when you log in to the website).
  4. The Service will record in the Logs and keep some or all of this for the duration of membership plus at least one year:
    1. your IP address;
    2. the time You accessed the system
    3. your member ID
    4. Your activity when accessing the site;
    5. A cryptographic hash (SHA1) of your email address; and
    6. all access to content subject to access control.
  5. Other than the Logs, the Service stores details of your identity and CCBILL transaction for up to 30 days for anti fraud purposes.
  6. CCBILL: Your credit card number and related codes are only ever processed and held by CCBILL: neither the Company nor the Operator have access to these. CCBILL retain Personal Information about you and your membership. At the time of writing the CCBILL Privacy Policy can be found at www.ccbill.com/cs/policies/PP-consumer-english.html.

COOKIES: This Service uses its own 'cookies' [Cookies] (which are small data files stored in the browser on on your client device) [Service Cookies]. You agree to the Service using Service Cookies. Where:

  1. Service Cookies are used as follows:
    • to support essential state-keeping and security functions within the Service; and
    • to support and enhance the operation of advertising functions within the Service.
  2. If you have set your computer to reject session Cookies then the Service will not work.
  3. If you have set your browser to reject third party Cookies then some parts of the Service may not work correctly.
  4. For further information on Cookies please visit www.aboutcookies.org.

COOKIES FROM THIRD PARTIES: Other third parties use thier own Cookies to support the operation of the Service [Third Party Cookies]. You agree to the Service being supported by the use of Third Party Cookies, and for the parties mentioned below to install their own Third Party Cookies onto your web browser and client device. Although not essential to the core function of the Service the Third Party Cookies support marketing and analytic business functions. Where:

  1. Google analytics uses Cookies as described on their web site www.google.com/analytics. Google analytics may also install persistent Cookies on your client browser in the name of the Website and the Service.
  2. CCBILL install Third Party Cookies associated with their web marketing system, where:
    • These Cookies support user tracking leading to revenue shares of new subscriptions under certain circumstances;
    • CCBILL is responsible for the installation of relevant Third Party Cookies. These Third Party Cookies are installed by a web page visit from your browser to the CCBILL website, and used by CCBILL during their account sign up process; and
    • The Service does NOT use web-beacons, plug-ins or similar tools to assist CCBILL in tracking a user within their use of the Service.
  3. Twitter : We use the so called 'Twitter Widget' to display twitter timelines within part of the Service. The 'Twitter Widget' uses cookies that allow Twitter to track users for their own purposes. The Twitter privacy policy can be found at https://twitter.com/privacy.
  4. Users have the opportunity to set their client browser to accept all Cookies, to indicate they do not want to be tracked ('Do Not Track' options), to notify them when a cookie is issued, or not to receive Cookies at any time. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.
  5. If you have set your computer to reject session Cookies then this Service will not work.
  6. If you set 'Do Not Track' options in your browser then compliance with this by third parties is outside of the control of the Company.
  7. If you have set your browser to reject third party Cookies then some functions may not work correctly.
  8. For further information on Cookies please visit www.aboutcookies.org.

3RD PARTY SOFTWARE IN OUR WEB PAGES: Other than as listed here, the Company does not download active script from 3rd parties into the web pages of the Service.

You explictly agree to the use of the third party scripts and services listed here:

  1. Google Analytics:The Company uses services from Google known as Google Analytics to analyse traffic sources and use of the Service and to produce periodic reports on usage. Details are available from www.google.com/analytics.
  2. Twitter : We use the so called 'Twitter Widget' to display twitter timelines within part of the Service. Details are available from: http://twitter.com/about/resources/widgets.

DISCLOSURE: Niether the Company or the Operator sell, rent or trade any Logs or identifiable information You provide when using the Website. Except as provided in this Agreement we will not provide Your information to third parties. We may disclose information about You to our subcontractors, employees, or officers insofar as reasonably necessary for the purposes as set out in this Agreement. In addition, we may disclose Your personal information:

  1. to the extent that we are required to do so by law;
  2. in connection with any legal proceedings or prospective legal proceedings; and
  3. in order to establish, exercise or defend our legal rights (including providing information to CCBILL for the purposes of fraud prevention and reducing credit risk).

GENERAL

We may delay enforcing our rights under these Terms without losing them.

We will not be liable to You for any breach of these Terms, which arises because of any circumstances that we cannot reasonably be expected to control.

The UK Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement between You and us formed by these Terms.

These Terms and and applicable additional third party supplier terms that You accept as part of Your registration process for the Service form the entire understanding between You and us concerning Your use of the Website and the Service and supersede all previous agreements relating to the Service and the Service.

By using the Service You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or Your breach of the terms of this agreement.

If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

You acknowledge and agree that in entering into these Terms You do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these Terms or not) other than as expressly set out in these Terms as a warranty. Nothing in these Terms shall, however, operate to limit or exclude any liability for fraud.

This Agreement shall be governed by and will be construed in accordance with, the laws of Canada applicable in the state of British Columbia. The Parties agree to the non-exclusive jurisdiction of the Courts of Canada in the state of British Columbia. Each of the Parties waives any right, and agrees not to apply, to have disputes arising under this Agreement determined by jury.

We may update these Terms and Conditions from time-to-time by posting a new version on the Website. You should check this page occasionally to ensure you are aware of any changes.

Notices from the Company to customers shall be given by means of electronic messages or by a general posting on the Website. Formal notices to the Company shall be given by recorded delivery mail to the Company at its registered address. The Company may also be contacted informally through the contact facilities within the Website http://www.mistresswhiplash.com. Note that other addresss such as studio addresses or other email addresses may not be monitored for mail.


Editorial Control

Editorial control of this Service is the responsibility of a company registered in British Columbia, Canada.


18 U.S.C. Section 2257 Compliance Notice

Notice

All models, actors, actresses and other persons that appear in any visual portrayal of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time the visual image was created.

All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

With respect to all visual depictions displayed on this web site, whether of actual sexually explicit conduct, simulated sexual conduct or otherwise, all persons were at least 18 years of age when said visual depictions were created.

Custodian of Records

The operator of this site is a retailer selling video on demand content produced by third parties. These third parties are the Custodian of Records for the content that they produce.

The producers and Custodian of Records for any item of content can be contacted via the operator, who is: TWO POINT ENTERTAINMENTS LIMITED, a British Columbia provincial incorporated company, Canada.

The custodian can be contacted by either:


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