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1. Acceptance of Terms
The Sensational Video Web Site is
made up of various Web sites and Web pages that are owned and operated by Sensational Video Inc. The following Terms of Use govern your use of the Websites.
Read these terms carefully before you accept these Terms by: (a) placing an order
through Sensational Video or (b) otherwise using the Websites.
Additionally, the Websites may
themselves contain additional terms, codes of conduct or guidelines that govern
use of those websites, including without limitation, particular features or
offers. In the event that any of the
Terms contained herein conflict with any additional terms contained within any
Website, then these Terms shall control. Your use of the Websites constitutes
Your Agreement to the Terms and any additional terms.
The Terms are entered into by and
between Sensational Video and You. Any reference herein to Sensational Video
shall be deemed to refer to Sensational Video and/or the Websites, as
applicable under the circumstances. The products offered for sale or rent and
other on-line resources accessible via the Websites, are provided to you,
subject to these Terms. Unless explicitly stated otherwise, the Terms will
govern your use of any new features that augment or enhance the Websites.
Sensational Video, and any
third-party providers of content to the Websites, may make improvements and/or
changes to the Websites including the products, programs, services and prices
that are offered or described on the Websites, at any time, without prior
notice. In addition, Sensational Video does not warrant that the products
offered on the Websites are available to be shipped to all customers or that
product descriptions or other content of the Websites is accurate, complete,
reliable, current or error-free. If a product offered on the Websites is not as
described, your sole remedy is to return the product in unused condition.
You acknowledge that the Websites
contain sexually oriented adult material intended for individuals 18 years of
age or older and of legal age to view sexually explicit material as determined
by the local and national laws of the region in which you reside. You agree not
to enter the Websites if you are not 18 years of age or older, if sexually
oriented adult material offends you, or if you are accessing the Websites from
any community or country where adult material is specifically prohibited by
law.
2.
Modification to Terms of Use
Sensational Video reserves the
right to update or modify these Terms and, any additional terms, codes of
conduct or guidelines, without prior notice. You are responsible for regularly
reviewing these Terms and your continued use of the Websites constitutes your
agreement as to all such updated or modified terms.
3.
Intellectual Property Rights
Unless otherwise indicated, all
information, images, text, messages, illustrations, graphics, logos, designs,
icons, photographs, programs, data, software, music, sound, video, or other
materials that are part of the Websites (collectively, the “Content”) are
protected by copyrights, trademarks, service marks, publicity rights, or other
proprietary rights and laws owned, controlled or licensed by Sensational Video
or by third parties (the “Third Party Providers”) who have provided materials
to Sensational Video, and these rights are valid and protected in all forms,
media and technologies, existing now or hereinafter developed. All Content is
copyrighted as a collective work under the U.S. copyright laws, and Sensational
Video owns a copyright in the selection, coordination, arrangement, and
enhancement of such Content.
Except as set forth herein, none
of the Content may be copied, reproduced, framed, modified, removed, sold,
distributed, republished, downloaded, displayed, posted, transmitted, or
otherwise exploited, in whole or in part, in any form or by any means,
including, but not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior express written permission of Sensational Video
or the Third Party Provider. No part of the Websites may be reproduced or
retransmitted in any way, or by any means, without the express written
permission of Sensational Video. You also may not, without Sensational Video’s
prior express written permission, “mirror” any of the Content contained on the
Websites on any other server.
Sensational Video is committed to
respecting others' intellectual property rights, and we ask our users to do the
same. Sensational Video may, in its sole discretion, terminate the accounts or
access rights of users who infringe or otherwise violate others' intellectual
property rights. If you believe that your work has been copied in a way that
constitutes copyright infringement on the Websites, please Contact Us.
Nothing on the Websites shall be
construed as conferring any license under any of Sensational Video’s or any
Third Party Provider’s intellectual property rights, whether by estoppels,
implication, or otherwise. You acknowledge sole responsibility for obtaining
any such licenses.
Permission is granted to display,
copy, distribute and download Sensational Video’s Content on the Websites for your
personal, non-commercial use only, provided you do not modify the materials and
that you retain all copyright notices, trademark legends, and other proprietary
rights notices contained in the materials. This permission terminates
automatically if you breach any of these Terms. Upon termination, you must
immediately destroy any downloaded and printed materials.
The Content on the Websites may
be used only as a shopping resource. The Content may not be redistributed to
any minor, to any person who may find the Content personally offensive, or to
any person who resides in any community or country where adult material is
specifically prohibited by law. Any unauthorized use of any Content contained
on the Websites may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
Sensational Video has not
independently authenticated content provided by Third Party Providers in whole
or in part. Sensational Video does not provide, sell, license, rent or lease
any of the Content other than those specifically identified as being provided
by Sensational Video.
4. Your
Conduct
You agree to use the Websites
only for lawful purposes. You are prohibited from posting on or transmitting
through the Websites any Content that violates or infringes anyone’s
intellectual property rights (including copyrights, trademarks, trade secrets,
patents, publicity rights or, to the extent protectable, confidential ideas) or
that is obscene, obscene as to minors, child pornography, defamatory, racist,
lewd, lascivious, filthy, excessively violent, harassing, or otherwise deemed
by Sensational Video to be harmful or objectionable, or that intentionally or
unintentionally violates any applicable local, state, national or international
law, or any regulations having the force of law.
5. Comments,
Communications and Other Content
All comments, communications,
ideas, and other content disclosed, submitted or offered to Sensational Video
on or by the Websites or otherwise disclosed, submitted or offered in
connection with your use of the Websites shall be and remain Sensational Video’s
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to Sensational Video of all worldwide rights, titles and
interests in all copyrights and other intellectual properties in the Comments.
Thus, Sensational Video will own exclusively all such rights, titles and
interests and shall not be limited in any way in its use, commercial or
otherwise, of any Comments. Sensational Video is and shall be under no obligation
(1) to maintain any Comments in confidence; (2) to pay user any compensation
for any Comments; or (3) to respond to any user Comments. You agree that no
Comments submitted by you to the Websites will violate any rights of any third
party, including copyright, trademark, privacy or other personal or proprietary
right(s). You further agree that no Comments submitted by you to the Websites
will be or contain libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content of any Comments you
make.
6. Links
The Websites may provide, or
third parties may provide, links to other Internet sites or resources. Because Sensational
Video has no control over such sites and resources, You acknowledge and agree
that Sensational Video is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available from
such sites or resources. Sensational Video will not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such content, goods or
services available on or through any such site or resource.
7.
Indemnification
You agree to indemnify and hold Sensational
Video, and its subsidiaries, affiliates, officers, agents, co-branders, or
other partners, and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out of
the use of the Websites.
8.
Disclaimer of Warranties
YOUR USE OF THE WEBSITES IS AT
YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY SENSATIONAL VIDEO ON AN “AS IS” AND
“AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE
WEBSITES IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND IS FOR COMMERCIAL USE
ONLY. SENSATIONAL VIDEO DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR
CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. SENSATIONAL VIDEO MAKES NO REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR
COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITES. SENSATIONAL VIDEO
MAY MAKE AVAILABLE ON THE WEB SITES CONTENT AVAILABLE FOR DOWNLOADING THAT HAS
BEEN SUBMITTED BY THIRD-PARTY USERS OF THE WEB SITES. ANY QUESTIONS REGARDING
THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT
WILL SENSATIONAL VIDEO OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR
COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITES.
SENSATIONAL VIDEO MAKES NO
WARRANTY OR CONDITION THAT: (i) THE WEBSITES WILL MEET YOUR REQUIREMENTS, (ii)
THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR
EXPECTATIONS, OR THAT (v) ANY ERRORS IN THE WEBSITES SOFTWARE WILL BE
CORRECTED.
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR OWN
DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM SENSATIONAL VIDEO OR THROUGH OR FROM THE
WEBSITES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE
TERMS. SENSATIONAL VIDEO'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
9. Limitation
of Liability
TO THE EXTENT NOT PROHIBITED BY
APPLICABLE LAW, SENSATIONAL VIDEO IS NOT LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA,
ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF SENSATIONAL
VIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND
REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL
BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED
TO: (i) THE USE OF OR THE INABILITY TO USE THE WEBSITES; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE
FROM THE WEBSITES.
YOU HAVE SOLE RESPONSIBILITY FOR
ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH
THE WEBSITES AND WILL NOT MAKE A CLAIM AGAINST SENSATIONAL VIDEO FOR LOST DATA,
RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE
USE OF THE CONTENT.
YOU AGREE TO HOLD SENSATIONAL
VIDEO HARMLESS FROM, AND YOU COVENANT NOT TO SUE SENSATIONAL VIDEO FOR, ANY
CLAIMS BASED ON USING THE WEBSITES, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL
BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
10. Privacy
Policy
Sensational Video respects your
desire for privacy. Sensational Video's Privacy Statement can be
found here. By using the Websites, You are
consenting to the processing of your data by Sensational Video and consenting
to the terms of our Privacy Policy. If we decide to make any significant change
to that policy, we will post the revised policy prominently on the Websites or
otherwise bring it to your attention, so that you are always aware of what we
do with your information.
11. Site
Security
You are prohibited from violating
or attempting to violate the security of the Websites, including, without
limitation, (a) accessing data not intended for such user or logging onto a
server or an account which You are not authorized to access; (b) attempting to
probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization; (c)
attempting to interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to the Websites,
overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending
unsolicited email, including promotions and/or advertising of products or
services; or (e) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. Sensational Video will
investigate occurrences that may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations. You agree not to use any device, software or
routine to interfere or attempt to interfere with the proper working of the
Websites or any activity being conducted on the Websites. You agree, further,
not to use or attempt to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders, robots, avatars
or intelligent agents) to navigate or search the Websites other than the search
engine and search agents available from Sensational Video on the Websites and
other than generally available third party web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
12.
Termination of Use
Sensational Video, in its sole
discretion, may terminate Your password, Your account, Your use of any of the
on-line resources available on the Websites, and remove and discard any Content
on the Websites, for any reason, including, without limitation, for lack of use
or if Sensational Video believes that You have violated or acted inconsistently
with the letter or spirit of the Terms. Any termination of your access to the
Websites under any provision of the Terms may be effected without prior notice,
and Sensational Video may immediately de-activate or delete your account and
all related information and files in your account and/or bar any further access
to such files or to the Websites. Further, Sensational Video will not be liable
to you or any third-party for any termination or suspension of Your Account or
Your access to the Websites.
13. General
Information
The Terms constitute the entire
agreement between you and Sensational Video and govern your use of the
Websites, superseding any prior agreements between you and Sensational Video
(including, but not limited to, any prior versions of the Terms). You also may
be subject to additional terms and conditions that may apply when you use other
Sensational Video services, third-party content or third-party software. You
must not assign or otherwise transfer either the Terms or any right granted
hereunder.
Any breach of the Terms will
result in irreparable harm to Sensational Video for which damages would be an
inadequate remedy and, therefore, in addition to its rights and remedies
otherwise available at law, Sensational Video will be entitled to equitable
relief, including both a preliminary and permanent injunction, if such a breach
occurs. You waive any requirement for the posting of a bond or other security
if Sensational Video seeks such an injunction.
Florida law and controlling U.S.
federal law govern any action related to the Terms. No choice of law rules of
any jurisdiction apply. You and Sensational Video agree to submit to the
personal and exclusive jurisdiction of the courts located within the county of
Dade, Florida.
Sensational Video controls and
operates the Websites from its headquarters in Dade County, Florida, United
States of America, and makes no representation that this Content is appropriate
or available for use in other locations. If you use the Websites from other
locations, you are responsible for compliance with applicable local laws
including but not limited to the export and import regulations of other
countries.
The U.S. export control laws
regulate the export and re-export of technology originating in the United
States. This includes the electronic transmission of information and software
to foreign countries and to certain foreign nationals. You agree to abide by
these laws and their regulations including, but not limited to, the Export
Administration Act and the Arms Export Control Act and not to transfer, by
electronic transmission or otherwise, any Content derived from the Website to
either a foreign national or a foreign destination in violation of such laws.
The failure of Sensational Video
to exercise or enforce any right or provision of the Terms does not constitute
a waiver of such right or provision. If a court of competent jurisdiction finds
any provision of the Terms to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of the Terms remain in
full force and effect. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY
CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR
THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION
AROSE OR BE FOREVER BARRED. The section titles in the Terms are for convenience
only and have no legal or contractual effect.
These Terms represent the entire
understanding relating to the use of the Websites and prevail over any prior or
contemporaneous, conflicting, or additional, communications.
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