Last Updated: 9th September 2019
Welcome to Our Terms of Service Agreement (“Agreement”). This Agreement will establish the relationship between Our company and any user of this website. Please read the following provisions carefully, and only accept this Agreement if you understand and agree to all of the terms.
b. You, the User – As the User of this Site, this Agreement will refer to the user as “You” or through any second-person pronouns, such as “Yours,” etc. Hereinafter, the User of the Site shall be referred to in applicable second-person pronouns.
c. Members – A user of the Site that has registered for a membership is referred to as a “Member”.
2. Consideration – Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Site and Our Services. You agree that such Consideration is both adequate, and that it is received upon Your viewing or downloading any portion of either of the Publisher’s website(s).
B. General Explanation of this Agreement. This Agreement is a legal contract between You and the Publisher. You should treat it as any other legal contract by reading its provisions carefully, as they will affect Your legal rights. By accessing the Site in any manner, You are affirmatively agreeing to be bound by all of the terms contained in this Agreement. You may not pick and choose which terms apply to You. If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site and any other services provided by the Publisher.
C. Electronic Signatures / Assent Required. You agree to be bound by any affirmation, assent, or agreement You transmit through this Site. You agree that when in the future You click on an “I agree,” “I consent,” or other similarly worded “button,” “check box” or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
D. Revisions to this Terms of Service Agreement.
2. We agree that if We change anything in this Agreement, We will change the “Last Updated” date at the top of this Agreement. You agree to re-visit this web page on a frequent basis, and to use the “Refresh” button on Your browser when doing so. You agree to note the date of the last revision to this Agreement. If the “Last Updated” date remains unchanged from the last time You reviewed this Agreement, then You may presume that nothing in the Agreement has been changed since the last time You read it. If the “Last Updated” date has changed, then You can be certain that something in the Agreement has been changed, and You agree that You will re-review the Agreement in its entirety and that You will agree to its terms or immediately cease use of any websites covered by this Agreement.
3. Waiver. If You fail to re-review this Agreement as required to determine if any of the terms have changed, You assume all responsibility for such omission and You agree that such failure amounts to Your affirmative waiver of Your right to review the amended terms. We are not responsible for Your neglect of Your legal rights.
E. Access to the Site. You understand that all We are selling You is access to Our Services as We provide them from time to time. You need to provide Your own access to the Internet, and any fees that You incur to access Our Site are Your sole responsibility. We are not providing any hardware nor software to You – and You need to purchase or license the necessary hardware and software to access the Site.
Subject to all the terms of this Agreement, We grant You a limited, nonexclusive, nontransferable personal license to access and use the Site and the Materials contained therein. Publisher 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. Publisher reserves the right to limit the amount 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 will not copy or redistribute any of the content appearing on this Site. Publisher 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 prosecuted to the fullest extent under the applicable law.
B. Membership Fees . Paid members agree to pay the fees set forth on the Site’s member sign up page. Members further agree to abide by any additional terms required by Our third party billing processors. Some Sites use recurring billing, and other Sites charge for services on an a-la-carte basis. You acknowledge that You have read and understand the fees associated with the membership or purchase selected.
2. You understand that the requirements of Membership are greater than simply paying the required fee. It is a condition of Membership that all of the information You provide during Your signup process, and in any other interaction with Us, shall be correct, current, truthful, and complete. If You provide any false, misleading, incomplete, or otherwise incorrect information to Us, Your Membership and Your Membership discounts are null and void – and You will be responsible for a-la-carte billing for all of Your access to Our Services. We have the right to terminate Your Membership at any time, but You understand that any a-la-carte billing is retroactive if You are terminated for cause, including provision of any information that is not current, truthful, and complete.
3. You may terminate Your Membership by sending Us written notice of termination. Recurring memberships will be terminated as of the next, regular billing cycle after notice is received.
4. Membership may never be assigned, transferred, or sold to a third party. Membership is a single-user license. You are not authorized to share any of Our Materials with any person who does not have their own Membership. If You do so, both You and the unauthorized viewer/User are jointly and severally liable for any fees that will be due if there is no Membership discount in place for the unauthorized User.
D. Past Due Payments. If We bill You for a-la-carte Services or Membership fees and You fail to pay Your account in full within thirty (30) days of the invoice date, 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 higher, compounded daily, plus any additional collection costs, credits, charge backs and attorney’s fees.
E. Virtual Currency. We may permit members to pay for Services using one or more virtual currencies or alt coins, such as Bitcoin. Acceptance of such payment method is in Our sole discretion and may be of limited duration. Any payment in virtual currency is irreversible. Refunds of virtual currency payments is at Our sole discretion, and, if allowed, may take the form of virtual currency transfer, or corresponding cash value of the requested refund, at Our option. Additional administrative fees may accompany virtual currency transactions.
F. 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. You release Us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Us within thirty (30) days of its publication.
By accessing the Site, You certify to Us that:
1. You (a) are at least eighteen (18) years old, (b) have reached the age of majority in Your jurisdiction, and (c) that You have the legal capacity to agree to these terms and enter into this Agreement;
2. You are aware of the adult-oriented nature of the content provided on the Site and that You are not offended by this content;
3. You are familiar with Your jurisdiction’s laws affecting Your right to access adult-oriented materials;
4. You have the legal right to access adult-oriented materials and We have the legal right to transmit them to You;
5. You will not share these Materials with a minor, access this Site in the presence of a minor, or otherwise make these Materials available to a minor; and
6. All information You provided to Us is accurate and current. You will promptly update this information when necessary to ensure that it remains true. You acknowledge that You have the capacity to consent to these terms and to perform the acts required of You under this Agreement.
B. WE HAVE A ZERO TOLERANCE POLICY FOR CHILD PORNOGRAPHY AND A ZERO TOLERANCE POLICY REGARDING PEDOPHILES, PEDERASTS OR ANY PEDOPHILIC, PEDERASTIC, OR SIMILAR, RELATED ACTIVITY.
1. You understand that all depictions of all persons on this Site and in all Materials produced or published by the Publisher are of persons over the age of eighteen (18) as of the date of the production of the depiction. We take great measures to ensure that no underage models appear in any of Our Materials.
2. If You seek any form of child pornography (including so-called “virtual” child pornography), You must exit this Site immediately. We do not provide this kind of material and We do not tolerate those who provide this kind of material nor do We tolerate consumers of this kind of material.
3. In order to further Our zero-tolerance policy, You agree, as a User, to report any images, real or simulated, that appear to depict minors on Our Site. If You see any images or other depictions that are questionable, You agree to report these images by emailing Us at admin[at]grooby[dot]com.
4. Include with Your report any appropriate evidence, including the date and time of identification. All reports will be investigated and the appropriate action will be taken.
B. You acknowledge and stipulate that all of the Materials are expressive content that is fully protected by the First Amendment to the United States Constitution.
C. You acknowledge and understand that the Materials are erotic in nature – and that they contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities. You acknowledge that You are aware of the nature of the Materials provided by the Publisher and that You are not offended by such Materials, and that You access the Site freely, voluntarily, and willingly, and for Your own personal enjoyment.
D. If You are seeking information regarding any illegal activities, please leave this Site immediately. You acknowledge that You are aware of the community standards in Your community, and You will only access the content on the Site if You believe that the content on the Site does not offend the community standards prevalent in Your community.
E. You agree not to use or access the Site if doing so would violate the laws of Your state, province, or country.
B. Without Our express prior written authorization, You may not:
2. Create any derivative works based on the Site or any of the Materials contained therein, and You agree and stipulate that any and all derivative works are NOT “fair use;”
3. Use the Site or any of the Materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use;”
4. Re-distribute the Site or any of the Materials contained therein, and You hereby agree and stipulate that any and all such uses are NOT “fair use;”
5. Remove any copyright or other proprietary notices from the Site or any of the Materials contained therein;
6. Frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein;
7. Use any meta-tags or any other “hidden text” using the Site’s name or marks, and You hereby stipulate that any use of the Site’s name or marks, or any other marks owned by the Publisher is an infringement upon the Publisher’s trademark rights, and You stipulate to liquidated damages of five thousand dollars ($5,000.00) per such infringement, plus You agree to pay any and all fees incurred in the recovery of this amount, including attorney’s fees and all associated costs;
7. Avoid agreement to this Agreement;
8. Link to any page other than the main entry page;
9. 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 the Site);
10. Use any data mining, bots, or similar data gathering and extraction tools on the Site;
11. Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; or
12. Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of Your rights to access and use the Materials as granted specifically by this Agreement.
C. You agree to cooperate with the Publisher in causing any unauthorized use to cease immediately. At any time, if the Publisher provides a service enabling Users to share information or communicate with other Users, You agree not to publish, disseminate, or submit any defamatory or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after Your service is terminated, and by doing so, Your actions shall constitute a material breach of this Agreement and the Site shall terminate all of Your rights under this Agreement.
D. Interference . Except where expressly permitted by law, You may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of the Publisher’s Materials or any other Materials from Our Site. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the Site or Materials, 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. If You do not adhere to this provision of this Agreement, You hereby stipulate to and agree to pay liquidated damages of five thousand dollars ($5,000.00) plus any and all fees associated with recovery of these damages, including attorney’s fees and costs.
E. Stipulated Liquidated Damages
2. For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of one hundred dollars ($100.00) per occurrence. You specifically agree to pay this one hundred dollars ($100.00) in liquidated damages.
3. If We are required to enlist the assistance of an attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an attorney to pursue injunctive relief against You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.
4. We reserve the right to unilaterally assign Our liquidated damages claim for any third-party torts to the actual victim, or to the victim’s successor-in-interest.
B. 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.
C. Publisher makes no representations or warranties that the Site or any Materials contained therein will be uninterrupted, timely, secure, or error free; nor does Publisher make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Site or any of the Materials contained therein.
E. You understand that Publisher cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Publisher does not assume any responsibility or risk for Your use of the internet.
F. Publisher 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.
G. Publisher may change any of the information found on this Site at any time, including this Agreement without notice beyond that described previously in Section I(D), above. Publisher makes no commitment to update the information found at this Site. Further, the Publisher makes no commitment to update Site Materials.
H. 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.
B. You also 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.
C. Our Site contains material that may be offensive to third parties. You agree to indemnify and hold Us harmless from any liability that may arise from someone viewing such material and You agree to cease review of the Site should You find it offensive.
D . You agree to defend, indemnify, and hold harmless the Publisher, 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’s 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 this Agreement. Publisher 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 Our own expense, and choose Our own legal counsel; however, We are not obligated to do so.
B. In no event shall Publisher’s maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by You for use of the Site for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
B. You further acknowledge and agree that Publisher 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.
D. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by the Publisher of such websites or the content, products, advertising, or other materials presented on such Site, but are for User's convenience.
E. All Users do hereby agree to hold the Publisher harmless from any and all damages and liability that may result from the use of links that may appear on the Site. The Publisher reserves the right to terminate any link or linking program at any time.
B. 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.
C. All of the marks, logos, domains, and trademarks that You find on the Site may not be used publicly except with express written permission from Publisher, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Publisher.
B. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Publisher, 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.
C. Modification or use of the Materials except as expressly provided in this Agreement violates the Publisher’s intellectual property rights.
D. Neither title nor intellectual property rights are transferred to You by access to the Site.
E. 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 Publisher 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 Publisher or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
F. We respect the intellectual property rights of all parties, and voluntarily comply with the Digital Millennium Copyright Act (“DMCA”). We have adopted a policy regarding termination of repeat copyright infringers in compliance with the DMCA. Copies of Our policy relating to repeat infringement are available to You upon request.
B. You will not assist or participate in any such diversion or other violation of applicable laws and regulations.
C. You warrant that You will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that You will abide by such laws and regulations.
D. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
B. Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective. Notice shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient's business hours, or 9:00 a.m. (recipient's time) the next business day. Either party may, by giving the other party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
2. The parties agree to exclusive jurisdiction in, and only in, Orange County, Florida.
3. The parties agree to exclusive venue in, and only in, Orange County, Florida.
4. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
5. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
6. All parties stipulate that the state and federal courts located in Orange County, Florida shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.
7. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
8. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
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. Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
D. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
E. Attorney’s Fees. In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of 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.
F. Complaints – California Residents. File a complaint with the Department of Consumer Affairs online at www.dca.ca.gov or call 800.952.5210 to have a complaint form mailed to You.
G. No Waiver. No waiver or action made by the Publisher shall be deemed a waiver of any subsequent default of the same provision of this Agreement. 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 this Agreement.
H. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
I. Complete Agreement. This Agreement constitutes 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 supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
J. Other Jurisdictions. Publisher makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in all locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.
European address: Grooby Europe SL, Av. Diagonal, n° 493-495, pral. 2a, 08029 Barcelona, Spain.
© Walters Law Group (2019). All Rights reserved.