PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY
We welcome you to our online community. We hope that you create, enjoy and learn from the user-generated Content carried by our Services. To participate in the community, we ask that you register with our Service so that we can continue to work together to create a safe and healthy adults-only platform.
You agree to this TOU electronically. Your use of our Services acknowledges and confirms your agreement to the terms and conditions stated in the TOU.
Some of the Content and Products carried by our Service is not appropriate for minors and is not intended to be accessible to or by minors. Some of the Content and Products carried by our Service may be of a mature or explicit nature. Accordingly, you must be at least eighteen (18) years of age to access our Service. By accessing our Service, you certify that you are at least eighteen (18) years of age.
You agree to take all reasonable precautions necessary to ensure that your use of our Service is not directly or indirectly accessible or exposed to minors, or to adults who have not consented to access the Content or Products carried by our Service. You are solely responsible for all activities conducted through your online store account. If you permit another individual to use your account, such third party user must be at least eighteen (18) years old and must also be authorized by you to use the billing method(s) you have provided us.
The Content and Products carried by our Servicesoriginates primarily from Straight Sixx Entertainement & Video and other contracted affiliates. All Content and Products are uploaded by staff of this site and are the sole property of this site or its’ affiliates In using our Service, you may be exposed to Content and Prodcuts that you may deem objectionable and, in this respect, you use our Service at your own risk. In order to adhere to and respect local community standards, there are commercially available programs and software, including tools available to you on our Service that can be used to limit access to Content that you deem objectionable.
If you experience Content or Products that you find objectionable, inappropriate, or offensive, we want to hear about it so that we can take appropriate action. Please contact us immediately.
|1. Customer Care|
|All transactions that occur on our Services are subject to review and final approval by us. We maintain a “Customer is Always Right” policy and want to hear from you if you are dissatisfied with our Service in any way.
If you have issues with our Service encourage you to contact us so that we may discuss any questions or concerns you may have. Please contact us by using our Online Support System, or our contact form. we look forward to helping you resolve any issues or dissatisfaction with our Services.
You may cancel your subscription online at any time by using our Online Cancellation Form found on our contact page or within our customer dashboard console. You may also contact us directly through our Online Support System. You may also contact us via postal mail at T.I.G., Inc., Attn: Customer Care, 2043 East Joppa Road, Suite 322, Parkville, MD, 21234, USA.
|2. Your Privacy|
|3. Your Shopping Account|
A. You agree to provide us with accurate, complete, and current account information. You further agree to only provide account information over which you have direct control and authorization, and not to provide account information belonging to any third party. Failure to provide accurate and authorized account information, or provision of false or unauthorized account information, shall constitute a breach of the TOU and may result in immediate termination of your subscription. You may also be subject to civil and criminal liability.
B. Upon registering as a buyer, you will choose a password and a screen name. You may not select or use a screen name of another actual person (unless it is also your actual name), a name in violation of a third party’s Rights, or a screen name that we deem, in our sole discretion, offensive or otherwise inappropriate. We own all screen names utilized on our Services and license your screen name to you, via a non-exclusive, royalty-free, worldwide license, for as long as you are a Member of our Service. You may not use your screen name in violation of the TOU or in ways we deem inappropriate. We reserve the right to revoke any such screen name. Customer who have had their purchase accounts with us terminated are not allowed to access our Service without our prior express written permission.
|4. Charges and Billing Practices|
A. All fees charged on or through our Service, with the exception of nominal payment account re-authorization charges, as set forth below will be prominently displayed prior to you incurring a charge. For billing inquiries please contact us by using our contact page.
B. You agree to pay all amounts due for any fees or charges you incur while using our Service. Each time you incur a fee on our Service, you authorize a charge or debit to any payment method that you have provided us. You must notify us of any perceived discrepancies within thirty (30) days of the time that the charges first appear on your account statement. Otherwise, you will deem them acceptable for all purposes, including resolution of inquiries made by your financial institution. You are responsible for all charges and fees associated with access to Content or Products and use of our Service, including, but not limited to, bank fees or surcharges as well as access fees imposed by other internet service providers.
|5. Electronic Communications|
A. The company operating this Service is certified as a trusted email sender under the Return Path Sender Score Certified program. This program is reserved for highly reputable e-commerce organizations, which are required to pass rigorous screening processes and maintain the highest industry standards with respect to their email and communication programs.
B. As a dynamic interactive computer service, the Content available on or through our Services is updated regularly. We and/or our authorized agents may elect to email you about such changes. Pursuant to 15 U.S.C. § 7701 et seq. your use of our Service constitutes your express consent for your receipt of such email notifications from our Service and/or from our affiliates with whom you have interacted and/or from whom you have requested updates. You authorize us to use the email system provided by our Service to update and notify you of changes to their Content and Products including without limitation updates in product “availablity” status. You may always opt-out of such communications using the contact page.
|6. Restrictions on Content and Conduct|
|A. Content carried by our Services is often transmitted in real time. Such Content cannot be screened in advance for compliance with our Terms of Service or applicable laws. We, and/or our designees or agents reserve the right to monitor some, all, or none of the Content and to pre-screen, review, filter, modify, remove, delete, revise, restrict access to or availability of, any Content that violates the TOU or is otherwise objectionable. We further reserve all rights to voluntarily take actions in good faith to restrict access to or availability of Content that we or any user consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. You assume all risks associated with your access and use of any Content. You acknowledge that we shall have no liability for any action or inaction by us with respect to Content uploaded, posted, emailed, transmitted, carried, or otherwise made available by our Services. You agree to use our Services only for lawful purposes.
B. Our Services do not specifically encourage, hire, contract for, manage, or otherwise arrange for the participation of any users, including Customer, Staff, Contractors or Models, in sexually explicit Content or conduct. At all times, we expressly disclaim any Customer expectation regarding access to sexually explicit Content on or through our Service.
C. You may not use, or allow others to use, your account, either directly or indirectly, to:
|1. harm or portray minors in any way;
2. upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another’s privacy, obscene, hateful, racially objectionable, ethnically objectionable, or otherwise objectionable;
|7. Our Copyright and Trademark Notices and Policies|
|U.S. and international copyright and trademark laws protect all Content on our Services. We will diligently investigate and respond to notices of alleged infringement that comply with applicable intellectual property law, including without limitation the Digital Millennium Copyright Act (DMCA). You are encouraged to report any instances of alleged infringement. Please see our Copyright and Trademark Notices and Reporting Policies.|
|8. Termination and Cancellation|
|A. Either party (you or we) may unilaterally terminate your order and/or account at any time prior to shipping of Product or download of the Content. You may cancel your order online at any time by using our Contact Form to submit your request. You may contact us directly through our Contact Form. You may also contact us via postal mail at T.I.G., Inc., Attn: Customer Care, 2043 East Joppa Road, Suite 322, Parkville, MD, 21234, USA.
B. If your account is terminated or canceled, request for refunds for unused products or services, including any subscription fees, must be in writing to be granted. All requests of refunds must be received by Touchy Situations within 90 days for United States customers and 180 days for customers outside the United States. Any requests received outside the time frame allowed may not be honored by Touchy Situations, LLC. Please forward your written request to us at Touchy Situations, LLC, Attn: Customer Care, 2043 East Joppa Road, Suite 322, Parkville, MD, 21234, USA. Any delinquent or unpaid accounts must be resolved before you may re-register with our Services.
|9. Our Warranty Disclaimers|
|BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT:
A. OUR SERVICES ARE PROVIDED FOR INFORMATIONAL, EDUCATIONAL, AND ENTERTAINMENT PURPOSES ONLY. THE CONTENT ON OUR SERVICES IS NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER PSYCHOLOGICAL, MEDICAL, FINANCIAL, LEGAL, OR OTHERWISE. WE AND THOSE POSTING OR OTHERWISE PROVIDING CONTENT ON OR THROUGH OUR SERVICES, INCLUDING WITHOUT LIMITATION OTHER MEMBERS, CHAT HOSTS, PERSONS, OR ENTITIES, ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, CONTENT, OR OTHER MATERIAL ON OUR SERVICES.
B. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. THESE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
C. WE MAKE NO REPRESENTATION OR WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE, TIMELY, USEFUL, OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR NEEDS.
D. ANY CONTENT OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
E. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SERVICES OR THROUGH OR FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOU.
|10. Our Limitation Of Liability|
|BY USING OUR SERVICES YOU UNDERSTAND AND AGREE THAT:
A. YOU UNDERSTAND AND AGREE THAT WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, OUR SERVICES (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS AND/OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (4) THE STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; (5) RELIANCE ON CONTENT OR POSTINGS USING OUR SERVICES; OR (6) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL OUR DIRECT CUMULATIVE LIABILITY HEREUNDER EXCEED ONE HUNDRED DOLLARS ($100.00).
B. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
C. BOTH PARTIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
|You agree to defend, indemnify, and hold us harmless, as well as our affiliated entities, officers, directors, employees, consultants, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and/or expenses (including without limitation attorney’s fees) arising from: (a) your use of, or access to, our Services including without limitation any Content carried thereon; (b) your violation of any term of this TOU; (c) your violation of any third party Right; or (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the TOU and your use of our Services.|
|12. International Use and Users|
|Notwithstanding the global nature of the internet, you agree to comply with all applicable laws of the jurisdiction from which you access our Services. You agree to abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload, post, transmit, or otherwise make available through our Services any data or software that cannot be exported without prior written government authorization, including without limitation certain types of encryption software. This assurance and commitment shall survive termination of this Agreement. Certain U.S. export control laws prohibit the nationals of Burma (Myanmar), Cuba, Iran and Sudan from gaining access to certain areas of our Services. At all times, you represent and warrant that you are not an individual, organization, or entity listed on The Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons list, as published and updated by the U.S. Treasury Department.|
|13. California Resident Legal Notices|
|Pursuant to California Civil Code Section 1789.3, California Members located in California are entitled to the following additional specific consumer rights information: The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.|
|14. Additional General Terms|
B. You agree and accept that as new products, services, and/or features become available on or through our Services, your use of these products or services is subject to and governed by this TOS. We reserve the right to, at our discretion, change, modify, add, or remove portions of this TOU or our Services at any time. We may change the U our Services by posting such changes publicly. You agree to review the TOU periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your subscription with us as provided for in the TOU. Your continued use of our Services following the Effective Date of any such change to the TOU or our Services constitutes acceptance of all such changes. Prior to using our Services, you may wish to print or save a copy of the most recent TOu for your records.
C. If any part of the TOU is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. A waiver by either party of any term or condition of the TOU or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer, by operation of law or otherwise, this Agreement or any rights or obligations herein. We may assign this Agreement to any entity at our sole discretion and without additional notice to you. The TOU shall be binding upon and shall inure to the benefit of the parties, their successors, and permitted assigns. We may choose to provide translations of the TOU for your convenience; however, you agree that the English version of the TOU is controlling.
|15. Remedies and Choice of Law|
|Your sole remedy from any dispute arising out of this Agreement and/or your use of our Services is termination of your subscription account(s). Without regard to conflicts of law, you expressly agree that the laws of the United States and the State of Maryland shall govern the TOU, your subscription, and your use of and/or access to our Services, including without limitation any Content carried thereon. You expressly agree that exclusive jurisdiction for any such claim or dispute, including without limitation claims in tort arising out of your use or misuse of these Services, resides in the United States, in the courts of the State of Maryland. You further agree and expressly consent to the exercise of personal jurisdiction in the United States, in the State of Maryland, in connection with any dispute, cause of action, or claim arising out of the TOU and your subscription and/or use of our Services. Notwithstanding the above, Content or conduct available on or through our Services may also be subject to other local, state, and national laws.|
“Content”shall mean information, communications, instant messages, bulletin board posts, webcam sessions, profiles, software, photos, videos, graphics, music, images, audio text, streaming video, video chat sessions, conduct, and other material and services available on or through our Services.
“Effective Date” shall mean the date that a change to the TOU or Service is publicly posted on our Services.
“Personally-identifiable information” shall mean any information, data, or record that relates to your subscription or use of the Services and identifies you or your individual account, including without limitation your account information, Content, personal data, and/or sensitive information.
“Rights” shall mean copyrights, trademarks, service marks, trade dress, domain name rights, right of publicity, privacy rights, moral rights, and other intellectual and proprietary rights.
“Service(s)”,”our”, “us”, “we” shall mean any services, products, software, websites, platforms, and/or live stream/content owned or operated by or in affiliation with Terry Investment Group Inc.
|“Customer”, “you”, “your” shall mean a registered buyer or authorized user of our Services.|