TERM & CONDITIONS
The following terms and conditions govern your use and access to The Black Alley (www.TheBlackAlley.com). These Terms and Conditions also govern your membership to the Site if you become a member. By accessing, using, printing or downloading any material from any of the Site, or becoming a member to the Site, you agree to be bound by these Terms and Conditions. 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 and you may not use or access any of the Site or print or download any materials from it. You may use and access the Site only in accordance with these 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.e., computers, modems, and software, including the most recent versions of Internet browsers, applications, and plug-ins).
I. ADULT ENTERTAINMENT
The Site offer online entertainment services that may be deemed adult in nature and which may contain graphic depictions and descriptions of explicit sexual activity. You acknowledge that you are aware of the nature of the content provided by the Site, that you are not offended by such content and that you access the Site freely, voluntarily and willingly.
II. AGE OF MAJORITY
You represent and warrant that 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.
III. NO CHILD PORNOGRAPHY
You understand that all models appearing on the Site are, and were at the time of all recorded images, at least 18 years of age, and that the Site contain no child pornography. We take a strong and definite stand against child pornography and only publish images of consenting adults for consenting adults. If you see any images, real or simulated, depicting minors engaged in sexual activity within the Site, please report to Support@TheBlackAlley.com. Include with your report any appropriate evidence, including the date and time. 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 http://www.asacp.org.
IV. PROTECTED SPEECH
You further acknowledge that the Site contain only images protected by the First Amendment to the United States Constitution.
If you are seeking obscenity or child pornography, please leave this Site immediately.
All content included on the Site, such as all literary works, text, pictorial and graphical works, photographs, video and audio clips, motion pictures and other audio visual works, video games, music, soundtracks, button icons, streaming data, animation, images, compilations, .RAM files, .AVI files, .WMV files, or any other software files (in object code or source code format) (collectively, "Materials") is the property of The Black Alley or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site's the exclusive property of The Black Alley and protected by United States and international copyright laws.
VI. ACCESS TO SITES
Subject to these Terms and Conditions and in consideration of your becoming a member to a Site, The Black Alley hereby grants you a limited personal license to access the Site to which you have become a member and the Materials contained therein. Provided that you are a member in good standing to a Site, you may cache the Materials onto a single computer for your personal, non-commercial internal use only. You agree to prevent any unauthorized copying of any of the Site, or any of the Materials contained therein. Any unauthorized use of a Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access a Site for its intended purpose and is not a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law.
VII. RESTRICTIONS ON USE OF SITES
Without the express prior written authorization of The Black Alley, you may not: (A) duplicate a Site or any of the Materials contained therein (except as expressly provided above in Section VII); (B) create derivative works based on a Site or any of the Materials contained therein; (C) use the Site or any of the Materials contained therein for any commercial purpose, or for any public display, public performance; (D) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted in Section VII above; (E) remove any copyright or other proprietary notices from the Site or any of the Materials contained therein; (F) frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein; (G) use any meta-tags or any other "hidden text" using The Black Alley's name or marks; (H) link to any page of any of the Site (including the homepage); (I) circumvent any encryption or other security tools used anywhere on the Site (including the theft of user names and passwords, or using another person's user name and password in order to gain access to a restricted area of any of the Site); (J) use any data mining, robots or similar data gathering and extraction tools on the Site; (K) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law, (L) bookmark any page of any Site beyond the membership log-in screen or (M) downloading contents ( pictures, videos, html page etc. providing in members area of the Site ) over then the Site limited policy
( 1,500MB per day ).
You may access the non-public portion of the Site only by being a member in good standing to the Site. You may become a member of the Site by completing an online registration form. Upon submission of the online registration form, The Black Alley or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Black Alley or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Black Alley has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
B. MEMBER ACCOUNT, PASSWORD AND SECURITY
As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Site to anyone who is below the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. You agree to (1) immediately notify The Black Alley of any unauthorized use of your user name and password or any other breach of security, and (2) ensure that you exit from your account at the end
of each session.
You agree to pay all membership fees when due. The Black Alley posts the current membership fees as part of the registration process. The Black Alley reserves the right to change membership fees at any time, with or without prior notice to you. At the time of registration, you must select a payment method. The Black Alley reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account become past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs and attorneys fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing The Black Alley for all credit card charge backs, dishonored checks and any related charges.
D. 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 thirty (30) 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.
E. REFUND POLICY
The Black Alley does not provide cash refunds. We do, however, grant credits in the form of free monthly memberships to resolve customer service issues. The billing system used by The Black Alley or our authorized agents provides extensive credit card fraud protection measures and our Sites include many features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.
You may cancel your membership at any time by providing: (A) our customer service department with a notice of your intent to cancel the membership along with your user name and password; and (B) any outstanding fees owed for your membership. 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.
The Black Alley may terminate your access to a Site at any time, with or without advance notice, if: (1) The Black Alley believes that you have breached any material term of these Terms and Conditions, (2) you fail to pay any amount due by the payment due date; or (3) The Black Alley decides to cease operations or to otherwise discontinue any of the Site. Further, you agree that neither The Black Alley nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the Site. You agree that if your account is terminated by The Black Alley, you will not attempt to re-register as a member without prior written consent from The Black Alley.
X. DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF ANY OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. The Black Alley MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES The Black Alley MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. The Black Alley 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XI. LIMITATION OF LIABILITY
IN NO EVENT SHALL The Black Alley (OR ITS LICENSORS) BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF The Black Alley HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL The Black Alley'S TOTAL LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF MORE THAN SIX (6) MONTHS FROM THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
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