Terms of Use 1. Website Terms of Use All such additional terms, guidelines, and rules are incorporated by reference into these Terms. These Terms of Use described the
legally binding terms and conditions that oversee your use of the
Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE
TERMS and you represent that you have the authority and capacity to
enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO
ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE
TERMS, DO NOT LOG INTO AND/OR USE THE SITE. Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof. Company reserves the right to change,
suspend, or cease the Site with or without notice to you. You
approved that Company will not be held liable to you or any
third-party for any change, interruption, or termination of the Site
or any part. Excluding any User Content that you
may provide, you are aware that all the intellectual property
rights, including copyrights, patents, trademarks, and trade
secrets, in the Site and its content are owned by Company or
Company's suppliers. Note that these Terms and access to the Site do
not give you any rights, title or interest in or to any intellectual
property rights, except for the limited access rights expressed in
Section 2.1. Company and its suppliers reserve all rights not
granted in these Terms. Other Users. Each Site user is
solely responsible for any and all of its own User Content. Because
we do not control User Content, you acknowledge and agree that we
are not responsible for any User Content, whether provided by you or
by others. You agree that Company will not be responsible for any
loss or damage incurred as the result of any such interactions. If
there is a dispute between you and any Site user, we are under no
obligation to become involved. Cookies and Web Beacons. Like
any other website, Sexdollogy uses cookies. These cookies
are used to store information including visitor preferences, and the
pages on the website that the visitor accessed or visited. The
information is used to optimize the user's
experience by customizing our web page content based on visitor's
browser type and/or other information. Some jurisdictions do not allow the
exclusion of implied warranties, so the above exclusion may not
apply to you. Some jurisdictions do not allow limitations on how
long an implied warranty lasts, so the above limitation may not
apply to you. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Term and Termination. Subject
to this Section, these Terms will remain in full force and effect
while you use the Site. We may suspend or terminate your rights to
use the Site at any time for any reason at our sole discretion,
including for any use of the Site in violation of these Terms. Upon
termination of your rights under these Terms, your Account and right
to access and use the Site will terminate immediately. You
understand that any termination of your Account may involve deletion
of your User Content associated with your Account from our live
databases. Company will not have any liability whatsoever to you for
any termination of your rights under these Terms. Even after your
rights under these Terms are terminated, the following provisions of
these Terms will remain in effect: Sections 2 through 2.5, Section 3
and Sections 4 through 10.
Please note that, pursuant to 17
U.S.C. 512(f), any misrepresentation of material fact in a written
notification automatically subjects the complaining party to
liability for any damages, costs and attorney�s fees incurred by us
in connection with the written notification and allegation of
copyright infringement. Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled. Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties. Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim. Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user. Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company. Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court. Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing. Entire Terms. These Terms
constitute the entire agreement between you and us regarding the use
of the Site. Our failure to exercise or enforce any right or
provision of these Terms shall not operate as a waiver of such right
or provision. The section titles in these Terms are for convenience
only and have no legal or contractual effect. The word "including"
means "including without limitation". If any provision of these
Terms is held to be invalid or unenforceable, the other provisions
of these Terms will be unimpaired and the invalid or unenforceable
provision will be deemed modified so that it is valid and
enforceable to the maximum extent permitted by law. Your
relationship to Company is that of an independent contractor, and
neither party is an agent or partner of the other. These Terms, and
your rights and obligations herein, may not be assigned,
subcontracted, delegated, or otherwise transferred by you without
Company's prior written consent, and any attempted assignment,
subcontract, delegation, or transfer in violation of the foregoing
will be null and void. Company may freely assign these Terms. The
terms and conditions set forth in these Terms shall be binding upon
assignees. Copyright/Trademark Information. Copyright (C) All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. 10. Contact Information Email: [email protected]
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