NEW SENSATIONS WEBSITE USER AND MEMBERSHIP TERMS AND
CONDITIONS
Updated: April 26, 2023
These Website User and Membership Terms and Conditions
govern your use and access to and/or membership in, the following network of
Websites, which currently includes:
(Collectively, the "SITES", or individually, a
"SITE" or "we/our").
IMPORTANT!
These Terms and Conditions also govern your membership to
the SITE if you become a member. By accessing, using, viewing, reading,
printing, installing, or downloading any material from the SITE, or becoming a
member to the SITE, you agree to be bound by these Terms and Conditions. This
Agreement is intended to be governed by the Electronic Signatures in Global and
National Commerce Act (E-Sign Act). You manifest your agreement to these Terms
and Conditions by any act demonstrating your assent thereto, including clicking
any button containing the words 'I agree' If you do not agree to be bound by
these Terms and Conditions, you may not enter the SITE, you must exit the SITE
immediately, you may not use or access the SITE, and you may not print or
download any materials from them. You may use and access the SITE only in
accordance with these Terms and Conditions. Please consult these Terms and
Conditions regularly and read them carefully before using the SITE. You affirm
that you have read this Agreement and understand, agree
and consent to its Terms and Conditions. You are solely responsible for
obtaining access to the SITE and that access may involve third party fees (such
as Internet service provider or airtime charges). You are responsible for those
fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all
equipment necessary to access the SITE.
I. Images and Content
These SITES contain images and content, including but not limited
to text, software, images, graphics, data, messages, or any other information,
and any other World Wide Web Site owned, operated, licensed, or controlled by
SITE (collectively, "Materials").
II. Age of Majority and Membership
A. Age of Majority
You represent and warrant you are at least 18 or 21 years of
age, depending on the age of majority in your jurisdiction, and that you have
the legal capacity to enter into this Agreement. If you are not at least 18 or
21 years of age, depending on the age of majority in your jurisdiction, you
must exit the SITE immediately and may not use or access the SITE or print or
download any Materials from them. You may be asked to verify your birth date as
a condition of entry onto the SITE, pursuant to 28 U.S.C. ? 1746. You agree not
to bypass any security and/or access feature on this SITE. Additionally, the
SITE does not assume any responsibility or liability for any misrepresentations
regarding a user's age.
B. Member Account, Password and Security
Membership may not be assigned, transferred, or sold to a
third party. The SITE and its affiliates disclaim any and all
liability arising from fraudulent entry and use of the SITE. If a user
fraudulently obtains access, the SITE may terminate membership immediately and
take all necessary and appropriate actions under applicable federal, state, and
international laws.
III. No Child Pornography
You understand that all models appearing on this SITE are,
and were at the time of all recorded images, at least 18 years of age, and that
our SITE contains no child pornography. If you seek any form of child
pornography, you must exit this SITE immediately. You acknowledge that all
Materials on the SITE are protected by the First Amendment. We take a strong
and definite stand against child pornography and only allow images and
Materials that are protected by the First Amendment. If you identify any
images, real or simulated, depicting minors engaged in sexual activity within
the SITE, please report the images to the SITE. Include with your report any
appropriate evidence, including the date and time of identification. All
reports will immediately be investigated, and the appropriate
action will be taken. We enthusiastically cooperate with any law-enforcement
agency investigating child pornography. If you suspect other outside websites
are participating in unlawful activities involving minors, please report them
to www.asacp.org. Users should implement parental control protections, such as
computer hardware, software, or filtering services, which may help users to
limit minors' access to harmful material.
IV. Access to, Limited License, and Interference with,
SITE
A. Access
To access the SITE or some of the resources it has to offer,
you may be asked to provide certain registration details or other information.
It is a condition of your use of this SITE that all information you provide
will be correct, current, and complete. If the SITE believes the information you provide is not correct, current, or
complete, the SITE has the right to refuse you access to the SITE or any of its
resources, and to terminate or suspend your access at any time.
B. Limited License
Subject to these Terms and Conditions and in consideration
of using the SITE, the SITE hereby grants you a limited, nonexclusive, nontransferable
personal license to access and use the SITE and the Materials contained
therein. The SITE provides the Materials on this SITE for the personal,
non-commercial use by viewers, fans, visitors, subscribers and/or potential
subscribers of said SITE. Users of this SITE are granted a single copy license
to view Materials (on a single computer only). All Materials on the SITE shall
be for private non-commercial use only, and all other uses are strictly
prohibited. SITE reserves the right to limit the number of materials viewed.
You agree to prevent any unauthorized copying of the SITE, or any of the
Materials contained therein. Any unauthorized use of the SITE or any of the
Materials contained therein terminates this limited license effective
immediately. This is a license to use and access the SITE for its intended
purpose and is not a transfer of title. You represent and warrant that you will
not allow any minor access to this SITE and that you will not copy or
redistribute any of the content appearing on this SITE. SITE reserves the right
to terminate this license at any time if you breach or violate any provision of
this Agreement, in which case you will be obligated to immediately destroy any
information or materials you have downloaded, printed, or otherwise copied from
this SITE. Violators of this limited license may be fully prosecuted under the
applicable law.
C. Interference
Except where expressly permitted by law, you may not
translate, reverse-engineer, decompile, disassemble, or make derivative works
from our SITE's Materials. User hereby agrees not to
use any automatic device or manual process to monitor or reproduce the SITE,
and will not use any device, software, computer code, or virus to interfere or
attempt to disrupt or damage the SITE or any communications on it.
V. Restrictions on Use of SITE
You may use the SITE only for purposes expressly permitted
by the Terms and Conditions of the SITE. You may not use the SITE for any other
purpose, including any commercial purpose, without the SITE's express prior
written consent. Without the express prior written authorization of the SITE,
you may not:
VI. Membership
A. Registration
You are responsible for providing all equipment and the
computer necessary to access the SITE. You may access the non-public portion of
the SITE only by being a member in good standing to the SITE. The SITE reserves
the right to modify Materials and the SITE's design at any time, with or
without prior notice. You may become a member of the SITE by completing an
online registration form, which must be accepted by SITE, and you must pay the
subscription fee. Upon submission of the online registration form, SITE or its
authorized agent will process the application. In connection with completing
the online registration form, you agree to provide true, accurate, current, and
complete information about yourself as prompted by the registration form (such
information being the 'Registration Data'). You must promptly inform SITE of
all changes, including, but not limited to, changes in your address used in
connection with billing for the SITE. If you provide any information that is
untrue, inaccurate, not current, or incomplete, or SITE or any of its
authorized agents have reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, SITE has the right to suspend or
terminate your account and refuse any and all current or future use of the
SITE, as well as subjecting you to criminal and civil liability. You are
responsible for dishonored checks and any related fees that we incur with
respect to your account. In the event of an unsuccessful recurring payment, an
administrative fee of up to $2.00 may be applied to keep your subscription
active until the full subscription fee can be processed successfully.
B. Member Account, Password and Security
As part of the registration process, you will be issued a
unique username and password which you must provide in order
to gain access to the non-public portion of the SITE. You certify that
when asked to choose a username you will not choose a name which may falsely
represent you as somebody else or a name which may otherwise be in violation of
the rights of a third party. We reserve the right to disallow the use of
usernames that we, at our sole discretion, deem inappropriate. As part of the
registration process, you agree that data, and in particular Personal
Information is transferred to and stored on U.S. servers. We reserve the right
to cancel at any time the membership of any member who uses their selected
username in violation of these Terms and Conditions or in any other way we, in
our sole discretion, deem inappropriate. Your membership, the ID and password
are nontransferable and non-assignable. You represent and warrant that you will
not disclose to any other person your unique username and password and that you
will not provide access to the SITE to anyone who is below the age of majority
in your state, province, or country, or otherwise does not wish to view the
content on the SITE. You are solely responsible for maintaining the
confidentiality of your username and password and are fully responsible for all
activities that occur under your username and password. SITE will not release
your password for security reasons. You agree to (a) immediately notify SITE of
any unauthorized use of your username and password or any other breach of
security, and (b) ensure that you exit from your account at the end of each
session. You are liable and responsible for any unauthorized use of the SITE
until you notify SITE by email regarding that unauthorized use. Unauthorized
access to the SITE is illegal and a breach of this Agreement. You indemnify the
SITE against all activities conducted through your account. You may obtain
access to your billing records regarding charges of your use of the SITE upon
request.
C. Billing Errors
If you believe that you have been erroneously billed, please
notify us immediately of such error. If we do not hear
from you within one hundred twenty (120) days after such billing error first
appears on any account statement, such fee will be deemed acceptable by you for
all purposes, including resolution of inquiries made by your credit card
issuer. You release us from all liabilities and claims of loss resulting from
any error or discrepancy that is not reported to us within one hundred twenty (120)
days of its publication.
D. "OPT-IN" & "OPT-OUT" AND USER COMMUNICATION
Subscriber's expressly and
specifically acknowledges and agrees that his email address or other means of
communicating with subscriber may be used to send him offers, information or
any other commercially oriented emails or other means of communications. More
specifically, other offers may be presented to the subscriber via email
campaigns or other means of communications with a pre-selected preference or
choice. If the subscriber decides that they no longer want to receive such
newsletters and promotional offers, then they
subscriber will be supplied a ?Unsubscribe? link located at the bottom of every
Newsletter / Promotional mailer sent. The subscriber may also contact directly at support@nscash.com and request removal from the
Newsletter / Promotional mailing list. Please allow up to 10 days for removal.
E. Cancellation Policy & How To
Cancel
Memberships may be canceled at any time by entering their
email address in the applicable box located at https://www.ns-support.com or by
contacting our customer support team via email at support@nscash.com. When
a membership is canceled a user will have access to the SITE for the remainder
of their membership period. Once expired, a user will have access to the
expired member area where he/she may reactivate their membership to get access
to previously accessible content for viewing purposes.
How To Cancel Your Membership:
Option 1:
Step 1. Click "Support" or ?Customer Service? located
at the footer of any page of SITE which links to: https://www.ns-support.com
TOPIC: ?How Do I Cancel My Membership??
Step 2. Locate your billing processor (found on your billing
statement) and click the corresponding processor to their site and follow their
directions
Step 3. Verify membership details located on the billing
processor page and click "cancel" to confirm the cancellation
Option 2:
Step 1. Click "Support" or ?Customer Service?
located at the footer of any page of SITE which links to: https://www.ns-support.com
Step 2. Open a ticket letting us know
you wish to cancel. Fill out information and hit Submit.
Step 3. We will cancel the membership for you and respond to
the ticket confirmation of such cancellation and any other information
regarding the paid for membership.
Option 3:
Step 1. Email us at support@nscash.com
Step 2. Supply us with the email address you used when
signing up, your username, which SITE you joined and if possible, a small
comment on why you are cancelling.
Step 3. We will cancel the membership for you and respond to
the email confirming cancellation and any other information regarding the paid
for membership.
F. Automatic Recurring Billing / Rebilling
Users are liable for all fees associated with their
membership. We reserve the right to collect any applicable taxes from a user associated
with their membership. Users must cancel their membership at least 24 hours
prior to the rebill date should they prefer to not be billed for the next
renewal period. All users are responsible for any and all
fees associated with initial purchases as well as renewals made within the
Members Area including, but not limited to access to additional series
available within the Members Area and third-party products, services, and any
other entertainment provided.
Subject to change, our default payment options include the
following:
a) 1 Year Membership initial charge of $149.95 or $119.95
automatically rebilling at $149.95 or $119.95 every 365 days until canceled
b) 6 Months Membership initial charge of $74.95
automatically rebilling at $74.95 every 180 days until canceled
c) 3 Months Membership initial charge of $54.95
automatically rebilling at $54.95 every 90 days until canceled
d) 1 Month Memberships or specials initial charge of $7.95.
$9.95, $14.95 or $29.95 automatically rebilling at $7.95, $9.95, $14.95 or $29.95
every 30 days until canceled
e) 3 Day Membership initial charge of $4.95 automatically
rebilling at $29.95 every 30 days until canceled
f) 2 Day Membership initial charge of $1.00 automatically
rebilling at $29.95 or $39.95 every 30 days until canceled
g) $60 Yearly Membership initial charge of $60.00
automatically rebilling at $60.00 every 365 days until canceled
h) 2 Day Membership initial charge of $1.00 automatically
rebilling at $29.95 every 30 days until canceled
G. Refunds
Users are liable for all fees associated with their
membership. If a refund is requested, User must have a logical reason for this
request. The SITE has sole discretion and holds the right to refuse refunds
found to be not acceptable. Examples of acceptable reasons for refunds including to but not limited to: Multiple sign ups,
Unauthorized sign ups made by minors, Issues with the website for user after
working with NS Team to resolve. Refunds are solely applied by SITE when deemed
reasonable and within a acceptable
time frame.
VII. Termination
You hereby agree to be personally liable for any and all charges incurred by you until termination of
membership for goods or services through your use of the SITE. This Agreement's
provisions shall survive its termination, unless otherwise stated. Upon our
processing of your request to cancel your membership, you will no longer have
access to the non-public areas of the SITE to which you were a member. Without
limiting other remedies, the SITE may immediately issue a warning, temporarily
suspend, indefinitely suspend, or terminate your access and use of the SITE and
refuse to provide our services to you at any time, with or without advance
notice if:
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR ANY OF THE
MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. THE SITE AND ALL
MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" THAT MAY MANIFEST
CONTAMINATING OR DESTRUCTIVE PROPERTIES. SITE DOES NOT ASSUME ANY
RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. SITE MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY
TRANSACTION ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF
CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SITE OWNER MAY
CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE
OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. SITE
MAKES NO COMMITMENT TO UPDATE THE MATERIALS. THE WARRANTIES AND REPRESENTATIONS
SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES AND REPRESENTATIONS WITH
RESPECT TO THIS AGREEMENT, AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES,
WRITTEN OR ORAL, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY AGREEMENT BETWEEN
THE PARTIES OR BY OPERATION OF LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. NONE OF THESE WARRANTIES AND REPRESENTATIONS
WILL EXTEND TO ANY THIRD PERSON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IX. Disclaimer
THE PROVISION OF ANY SERVICES WHICH IS IN VIOLATION OF ANY
LAWS IS STRICTLY PROHIBITED. IF WE DETERMINE THAT YOU OR ANY USER HAS PROVIDED
OR INTENDS TO PURCHASE OR PROVIDE ANY SERVICES IN VIOLATION OF ANY LAW, YOUR
ABILITY TO USE THE SITE WILL BE TERMINATED IMMEDIATELY. WE DO HEREBY DISCLAIM
ANY LIABILITY FOR DAMAGES THAT MAY ARISE FROM ANY USER PROVIDING ANY SERVICES
FOR ANY PURPOSE THAT VIOLATES ANY LAW. YOU DO HEREBY AGREE TO DEFEND, INDEMNIFY
AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE SHOULD YOU VIOLATE ANY
LAW. YOU DO ALSO HEREBY AGREE TO DEFEND AND INDEMNIFY US SHOULD ANY THIRD PARTY BE HARMED BY YOUR ILLEGAL ACTIONS OR SHOULD WE
BE OBLIGATED TO DEFEND ANY CLAIMS INCLUDING, WITHOUT LIMITATION, ANY CRIMINAL
ACTION BROUGHT BY ANY PARTY NOT AFFILIATED WITH THIS SITE. OUR SITE CONTAINS
MATERIAL THAT MAY BE OFFENSIVE TO THIRD PARTIES. YOU DO HEREBY AGREE TO
INDEMNIFY AND HOLD US HARMLESS FROM ANY LIABILITY THAT MAY ARISE FROM REVIEWING
SUCH MATERIAL AND WARRANT AND AGREE TO CEASE REVIEW OF THE SITE SHOULD YOU FIND
IT OFFENSIVE. IF YOU ARE SEEKING SERVICES THAT ARE IN VIOLATION OF ANY
APPLICABLE LAWS WHATSOEVER, YOU MAY NOT USE THIS SITE AND DO HEREBY AGREE TO
EXIT IT IMMEDIATELY. THUS, ALL DISPUTES RELATING TO THE ONLINE STORE SHALL BE
DIRECTED TO THE STORE, AND NOT THE SITE.
X. Indemnity
You agree to defend, indemnify, and hold harmless the SITE,
its officers, directors, shareholders, employees, independent contractors,
telecommunication providers, and agents, from and against any and all claims,
actions, loss, liabilities, expenses, costs, or demands, including without
limitation legal and accounting fees, for all damages directly, indirectly, and/or
consequentially resulting or allegedly resulting from your, or you under
another person or authority including without limitation to governmental
agencies, use, misuse, or inability to use the SITE or any of the Materials
contained therein, or your breach of any of these Terms and Conditions. SITE
shall promptly notify you by electronic mail of any such claim or suit and
cooperate fully (at your expense) in the defense of such claim or suit. We
reserve the right to participate in the defense of such claim or defense at its
own expense, and choose its own legal counsel, but are not obligated to do so.
XI. Links and Linking
Some websites which are linked to the SITE are owned and
operated by third parties. Because the SITE has no control over such websites
and resources, you acknowledge and agree that SITE is not responsible or liable
for the availability of such external websites or resources, and does not
screen or endorse them, and is not responsible or liable for any content,
advertising, services, products, or other materials on or available from such
websites or resources. You further acknowledge and agree that SITE shall 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
third-party content, goods or services available on or
through any such website or resource. If you decide to access any such
third-party website, you do so entirely at your own risk and subject to any
terms and conditions and privacy policies posted therein. Users further
acknowledge that use of any website controlled, owned, or operated by third
parties is governed by the terms and conditions of use for those websites, and
not by this Agreement or this SITE's Privacy Notice, which is hereby
incorporated by reference. Links to external websites or the featured model's
linked-websites (including external websites that are framed by the Site) or
inclusions of advertisements do not constitute an endorsement by the SITE of
such websites or the content, products, advertising or
other materials presented on such SITE, but are for user's convenience. Users
access them at their own risk. The SITE expressly disclaims any liability for
any damages whatsoever incurred by any user in connection with the use of any
website, the access to which was found through this
SITE. The SITE expressly disclaims any liability derived from the use and/or
viewing of any links that may appear on this SITE. All users do hereby agree to
hold the SITE harmless from any and all damages and
liability that may result from the use of links that may appear on the SITE.
The SITE reserves the right to terminate any link or linking program at any
time.
XII. Trademark Information
This SITE and the aforementioned names
of the SITES are service marks and/or trademarks of the SITE. We aggressively
defend our intellectual property rights. Other manufacturers' product and
service names referenced herein may be trademarks and service marks of their
respective companies and are the exclusive property of such respective owners
and may not be used publicly without the express written consent of the owners
and/or holders of such trademarks and service marks. The SITE's marks, logos,
domains, and trademarks may not be used publicly except with express written
permission from SITE and may not be used in any manner that is likely to cause
confusion among consumers, or in any manner that disparages or discredits SITE.
XIII. Copyright Information
The Materials accessible from the SITE, and any other World
Wide Web Site owned, operated, licensed, or controlled by SITE, is the
proprietary information and valuable intellectual property of SITE or the party
that provided the Materials to SITE, and SITE or the party that provided the
Materials to SITE retains all right, title, and interest in the Materials.
Accordingly, the Materials may not be copied, distributed, republished,
modified, uploaded, posted, or transmitted in any way without the prior written
consent of SITE, except that you may print out a copy of the Materials solely
for your personal use. In doing so, you may not remove or alter, or cause to be
removed or altered, any copyright, trademark, trade name, service mark, or any
other proprietary notice or legend appearing on any of the Materials.
Modification or use of the Content except as expressly provided in these Terms
and Conditions violates the SITE's intellectual property rights. Neither title
nor intellectual property rights are transferred to you by access to the SITE.
All Materials included on the SITE, such as text, graphics, photographs, video
and audio clips, music, soundtracks, button icons, streaming data, animation,
images, downloadable materials, data compilations and software are the property
of the SITE or its content suppliers and is protected by United States and
international copyright laws. The compilation of all Materials on the SITE is
the exclusive property of the SITE or its content suppliers and protected by
United States and international copyright laws, as well as other laws and
regulations.
XIV. Notice of Claimed Infringement
The SITE respects the intellectual property of others, and
we ask our users to do the same. We voluntarily observe and comply with the
United States' Digital Millennium Copyright Act. If you believe that your work
has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide
SITE's Designated Copyright Agent the following information:
New Sensations Inc, 21345 Lassen Street, California 89131
support@nscash.com Please do not send other inquires
or information to our Designated Agent.
XV. No Agency Relationship
Nothing in this Agreement shall be deemed to constitute,
create, imply, give effect to, or otherwise recognize a partnership,
employment, joint venture or formal business entity of
any kind; and the rights and obligations of the parties shall be limited to
those expressly set forth herein.
XVI. Notice
Any notice required to be given under this Agreement must be
done by filling a request on our Support Center: https://www.ns-support.com or
by sending an email to support@nscash.com with the subject "Other -
Notice". Notices by customers to SITE shall be given by electronic
messages unless otherwise specified in this Agreement.
XVII. Force Majeure
SITE shall not be responsible for any failure to perform due
to unforeseen circumstances or to causes beyond our reasonable control,
including but not limited to: acts of God, such as fire, flood, earthquakes,
hurricanes, tropical storms or other natural disasters; war, riot, arson,
embargoes, acts of civil or military authority, or terrorism; fiber cuts;
strikes, or shortages in transportation, facilities, fuel, energy, labor or
materials; failure of the telecommunications or information services
infrastructure; hacking of third-parties, SPAM, or any failure of a computer,
server or software, for so long as such event continues to delay the SITE's
performance.
XVIII. General Provisions
A. Governing Law
These Terms and Conditions and all matters arising out of or
otherwise relating to these Terms and Conditions shall be governed by the laws
of the State of California, excluding its conflict of law provisions. The
parties agree that the United Nations Convention on Contracts for the
International Sale of Goods is specifically excluded from application to these
Terms and Conditions. The parties hereby submit to the personal jurisdiction of
the state and federal courts of the State of California. Exclusive venue for
any litigation or arbitration permitted under this Agreement shall be with the
state and federal courts located in Los Angeles, California.
B. Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be
inadequate to provide an aggrieved party with full compensation in the event of
the other party's breach, and that an aggrieved party shall therefore be
entitled to seek injunctive relief in the event of any such breach, in addition
to seeking all other remedies available at law or in equity.
C. Binding Arbitration
If there is a dispute between the Parties arising out of or
otherwise relating to this Agreement, the Parties shall meet and negotiate in
good faith to attempt to resolve the dispute. If the Parties are unable to
resolve the dispute through direct negotiations, then, except as otherwise
provided herein, either Party may submit the issue to binding arbitration in
accordance with the then-existing Commercial Arbitration Rules of the American
Arbitration Association. Arbitral Claims shall include, but are not limited to,
contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only
claims under applicable worker's compensation law, unemployment insurance
claims, actions for injunctions, attachment, garnishment, and other equitable
relief. The arbitration shall be conducted in Los Angeles, California, and
conducted by a single arbitrator, knowledgeable in Internet and e-Commerce
disputes. The arbitrator shall have no authority to award any punitive or
exemplary damages; certify a class action; add any parties; vary or ignore the
provisions of these Terms and Conditions; and shall be bound by governing and
applicable law. The arbitrator shall render a written opinion setting forth all
material facts and the basis of his or her decision within thirty (30) days of
the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY
RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
D. Assignment
The rights and liabilities of the parties hereto will bind
and inure to the benefit of their respective assignees, successors, executors,
and administrators.
E. Severability
If for any reason a court of competent jurisdiction or an
arbitrator finds any provision of these Terms and Conditions, or any portion
thereof, to be unenforceable, that provision will be enforced to the maximum
extent permissible and the remainder of these Terms and Conditions will
continue in full force and effect.
F. Attorney's Fees
In the event any Party shall commence any claims, actions,
formal legal action, or arbitration to interpret and/or enforce the terms and
conditions of this Agreement, or relating in any way to this Agreement,
including without limitation asserted breaches of representations and
warranties, the prevailing party in any such action or proceeding shall be
entitled to recover, in addition to all other available relief, its reasonable
attorney's fees and costs incurred in connection therewith, including
attorney's fees incurred on appeal.
G. No Waiver
No waiver of SITE shall be deemed a waiver of any subsequent
default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable
by a court of competent jurisdiction, such invalidity shall not affect the
validity or operation of any other term, clause or provision and such invalid
term, clause or provision shall be deemed to be severed from these Terms and
Conditions.
H. Headings
All headings are solely for the convenience of reference and
shall not affect the meaning, construction or effect of these Terms and
Conditions.
I. Complete Agreement
These Terms and Conditions constitute the entire agreement
between the parties with respect to your access and use of the SITE and the
Materials contained therein, and your membership with the SITE, and supersede
and replace all prior or contemporaneous understandings or agreements, written
or oral, regarding such subject matter. No amendment to or modification of
these Terms and Conditions will be binding unless in writing and signed by a
duly authorized representative of both parties.
J. Modifications
SITE reserves the right to change any of the provisions
posted herein and you agree to review these Terms and Conditions each time you
visit the SITE. Your continued use of the SITE following the SITE's posting of
any changes to these Terms and Conditions constitutes your acceptance of such
changes. The SITE does not and will not assume any obligation to provide you
with notice of any change to these Terms and Conditions. Unless accepted by
SITE in writing, these Terms and Conditions may not be amended by you.
K. Other Jurisdictions
SITE makes no representation that the SITE or any of the
Materials contained therein are appropriate or available for use in other
locations, and access to them from territories where their content may be ill
XIX. REPORT ABUSIVE OR ILLEGAL CONTENT
If you believe that some content is not meeting legal
requirements, or if you feel you are the victim of, or come across content that
is constituting:
Please contact us as soon as possible and include the URLs
and names of the scenes, as well as the reason why you are reporting the
content to support@nscash.com