ADVERTISING DISCLAIMER
All ads presented on this website are solely for informational purposes. The operators of the website do not control, supervise, verify, investigate, authenticate or endorse any of the content, communications or representations posted by users or advertisers of the website.
The Bondassage® website is not an agency, nor can we make referrals. If you wish to contact the practitioners who advertise on Bondassage, please use the contact information in the individual ads.
We do not have any additional contact information for the advertisers beyond what is printed in the ads and we cannot forward emails.
ADVERTISING DISCLAIMER
All advertiser content contained in this website is provided to Bondassage by individuals for the purposes of paid advertisements and is the sole responsibility of the individual advertiser. Bondassage assumes no responsibility and cannot be held liable for any claims arising from advertisers’ ads.
Bondassage accepts and publishes ONLY advertising for services that are legal both in the United States and in your geographical area (if you are outside of the United States). If any advertiser conveys to us or submits any materials that state (either explicitly or by use of commonly understood industry terms) that the advertiser offers or provides illegal services the submission will be rejected, any current advertisements will be removed, and the account will be closed. No refunds will be provided. All decisions to remove content are final and at Bondassage’s sole discretion.
You agree that by using this website and/or submitting content or materials to us, your currently existing Advertiser Agreement shall apply and govern. You further agree that the laws of the United States of America shall govern the electronic execution of this document.
In addition, you must certify and affirm, under the penalties of perjury, the following: “I hereby affirm, under the penalties of perjury pursuant to Title 28 U.S.C. §1746, that (1) I am an adult over the age of eighteen (18) years of age (or older, if the age of adult status is greater than 18 in the jurisdiction where I am located) and (2) all persons depicted in any pictorial representation in the content or materials that I have submitted or am or will be submitting were adults over the age of eighteen (18) years of age (or older, if the age of adult status is greater than 18 in the jurisdiction where the persons were photographed), at the time that said persons were photographed, in connection with the creation or production of the content or materials.”
“I hereby affirm, under the penalties of perjury pursuant to Title 28 U.S.C. §1746, that I own or possess the legal authority required to transfer the necessary rights to permit the posting, publication and display of the content and materials I have submitted, or am or will be submitting, on your websites, including, without limitation, all copyright, trademark and trade name rights, supported by all necessary model releases of all persons appearing in said content and materials, including waivers of all necessary rights of publicity, commercial exploitation and privacy.”
“I hereby affirm, under the penalties of perjury pursuant to Title 28 U.S.C. §1746, that I do not engage in, and that nothing in any content I submit constitutes an offer to engage in, unlawful conduct or behavior, a solicitation or meeting to engage in unlawful conduct or behavior, or a communication relating to unlawful conduct or behavior of any kind, in all cases, with respect to all applicable laws.”
Contact us HERE
18 U.S.C. Section 2257 Compliance Notice
The actors, models, actresses and other persons that appear in any visual depiction of actual explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such.
All other pictures, graphics, videos or other visual media displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of 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 conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995
With respect to all visual media as defined above displayed on this website, whether of actual explicit conduct, simulated content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual media, as defined above, were created.
The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257 or subsequent case law defining such) of any of the visual content contained in the Website.
Please direct questions pertaining to content on this website to: admin@bondassage.com
The original records required from the primary producer of said video and visual media and pursuant to 18 U.S.C. section 2257 and 28 C.F.R. 75 for all materials contained in the website are kept by the following Custodian of Records: admin@bondassage.com
EARNINGS DISCLAIMER
We make every reasonable effort to ensure that we accurately represent our program and its potential for income. However, we can make no guarantee that you will earn any level of income and, by agreeing to use our program, products and services, you accept the risk that earnings and income will vary by individual and cannot be guaranteed in any respect. Like any business venture, the actual results you experience will depend on a number of factors over which we have no control, including your individual abilities, effort, expertise, opportunities and unique circumstances. You agree that we are not responsible for your failure or success, and that prior or past financial success by yourself or others is not a reliable indication of your future success or income earnings.
DISCLAIMER OF WARRANTIES
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE OR TREATMENT OF LICENSED LEGAL, ACCOUNTING OR HEALTH CARE PROFESSIONALS. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED ATTORNEY, ACCOUNTANT, PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE ADVICE OF ANY PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
PRIVACY
We are committed to protecting your privacy and providing a safe online experience for all of our users while offering the highest quality user experience. By using www.bondassage.com (the “Website”), you agree to the terms of this Privacy Policy. Because we may gather certain types of information about and from you, we believe it is important that you understand our collection and use of this information. This Privacy Policy discloses what information we gather, how we use it, how to correct or change it, and what steps we take to safeguard personal information provided to us both online and offline. Please read the complete Privacy Policy below, as well as our Terms of Use, and contact us if you have any questions.
WHAT INFORMATION DO WE COLLECT ABOUT YOU?
You can visit our Website, read materials, and browse the Website’s contents without giving us any personally identifiable information. In order to provide you with the most efficient and enhanced personalized service and attention, and to accommodate certain requests which you make, we request information about you in certain circumstances and collect certain information automatically.
Information You Volunteer
We collect personally identifiable information that you enter on the Website or otherwise volunteer to us (such as your name, e-mail address, credit card number, home address, phone number, and/or similar information), when you contact us to, among other things, make purchases or request information. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future experiences for you, improving our operations, and communicating with you.
Information Collected Automatically
We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use “cookies” and we obtain certain types of information when your web browser accesses our Website or advertisements and other content served by us or on our behalf on other web sites. We may also automatically collect your Internet Protocol and referring website addresses, browser type and domain name. This information helps facilitate your online experience on our Website. We use “cookies” to track usage patterns on our Website and to control the display of ads, as well as to offer other functionalities. You can turn off cookies, but that will affect your online experience. Please see below for more detail on cookies.
WHAT DO WE DO WITH COLLECTED INFORMATION?
We use collected information to evaluate and administer our Website, fulfill your requests, respond to any future problems, such as difficulties in navigating our Website or accessing certain features, and to gauge user trends. As in any transaction, when you purchase products or make a donation by credit card, your credit card company will have all relevant information about the name of the vendor, item(s) purchased, date, total cost and other information necessary to process the transaction. We will not otherwise provide any personal data to your credit card company without your permission. We and our technical and fulfillment agents, partners and consultants follow carefully proscribed procedures to safeguard credit card data in connection with your transactions and adhere to certain legal requirements.
HOW DO WE SHARE PERSONAL INFORMATION?
Personal information is available to us and the technical and fulfillment agents, partners and consultants who make our Website available to you. Anonymous information is available to our affiliates, sponsors and partners. Website hosting firms, technical and database consultants, advertising agencies, order processing partners, and other third parties may have access to personally identifiable information in the course of making our Website and its contents available. All companies working for and with us must comply with our privacy policies, and are not permitted to sell your information to third parties or to use it except as authorized by us and you, or as permitted or required by law. We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our Website and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.
HOW DO WE USE COOKIES?
Your web browser offers so-called “cookies” which, if you allow their use, store small amounts of data on your computer when you visit a web site. Cookies do not contain any personally identifiable information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best and make it easier to use our Website. You have the ability to accept or decline cookies by modifying your browser. Our Website is viewable even if you disable the cookie function on your browser. However, if you disable cookies, some advanced and customized features or offerings will not be available to you.
HOW CAN YOU CONTROL YOUR PERSONAL INFORMATION?
You may unsubscribe to any of our online e-mail updates by following the unsubscribe instructions in the body of any e-mail message. We will take commercially reasonable steps to implement your opt-out requests promptly; but you may still receive promotional information from us by mail for up to 60 days due to printing and mailing schedules, and up to 10 days for e-mail. You may also continue to receive information from those third parties to whom your information was previously disclosed.
SECURITY OF YOUR PERSONAL INFORMATION
We incorporate standard industry practices internally and with our service providers, which we believe suits the degree of sensitivity of the information involved to maintain the security of your personal information and to avoid its disclosure except as described in this Privacy Policy. Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. Our policy is to limit access to personal data to those employees or agents with a specific need to access or retrieve this information. We store data on multiple service systems, in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis.
VISITORS OUTSIDE THE UNITED STATES
Our Website and the servers that make this Website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to this Website. Any information you provide in subscribing to our Website or registering or ordering at our Website will be transferred to the United States. By visiting our Website and submitting information, you authorize this transfer, processing and use.
YOUR CALIFORNIA PRIVACY RIGHTS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a request to the following address: jaeleen@bondassage.com . In your request, please specify that you want a “Your California Privacy Rights Notice”. Please allow at least 30 days for a response.
CHANGES TO OUR PRIVACY POLICY
We will occasionally update this Privacy Policy as necessary to protect our users and to comply with a changing environment. We recommend that you check the Privacy Policy when you visit our Website to be sure that you are aware of and understand our current policy. If we make material changes to this policy, or in how we use or collect your personally identifiable information, we will prominently post such changes prior to implementing the change. We will not make any retroactive material changes in how we handle previously collected personal information unless you allow us to do so, or unless we are legally required to do so, and in such a case we will e-mail registered Website visitors information on material changes to this Privacy Policy.
CONDITIONS OF USE, NOTICES, AND REVISIONS
If you choose to visit our Website, your visit and any dispute over privacy is subject to this Notice and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the State of California. If you have any concern about privacy at our Website, please contact us with a thorough description, and we will try to resolve it. As our business changes, our Privacy Policy and Terms of Use may change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We will not materially change our policies and practices to make them less protective of personal information collected in the past without the consent of affected user.
CHILDREN’S PRIVACY
We are strongly committed to protecting the safety and privacy of children who visit our Website. We do not knowingly collect personal information online from children under 13 and have adopted techniques to ensure compliance with this Privacy Policy and the Children’s Online Privacy Protection Act of 1998 (“COPPA”). COPPA and its accompanying regulations under United States federal law protect the privacy of children using the Internet. Our Website includes content that we believe to be unsuitable for children under 13 and which are not necessarily monitored. We encourage all parents to talk to their children about online safety and to monitor their children’s use of the Internet.
INTRODUCTION
Welcome to www.bondassage.com (the “Website”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.
PRIVACY AND YOUR ACCOUNT
Please review our Privacy Policy, which also governs your visit the Website, to understand our privacy practices.
We do not sell products to children. If you are under 18, you may use the Website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
CONSIDERATION
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.
RESTRICTIONS ON USE; LIMITED LICENSE
All content contained on the Website (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark”) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
SYSTEM REQUIREMENTS
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software”), and, for certain downloadable content, a compatible player device (the “Device”). Bondassage® may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to Bondassage®.
CONTENT LINKED TO THE WEBSITE
You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.
TERMINATION
These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise
We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.
APPLICABLE LAW AND DISPUTES
These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of Colorado, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of California. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Santa Cruz, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in either Santa Cruz County (state) or Santa Cruz(state or federal) California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association in effect at the time of filing of the demand for arbitration.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
– An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
– A description of the copyrighted work that you claim has been infringed;
– A description of where the material that you claim is infringing is located on the Website;
– Your address, telephone number, and e-mail address;
– A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
– A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.