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IMPORTANT! These Terms and Conditions also govern your membership to BabesCartel if you become a member. By accessing, using, viewing, reading, printing, installing, or downloading any material from the BabesCartel, or becoming a member to BabesCartel, 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 BabesCartel, you must exit BabesCartel immediately, you may not use or access BabesCartel, and you may not print or download any materials from them. You may use and access BabesCartel only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using BabesCartel. 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 BabesCartel 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
The site (BabesCartel) contains images and content, including but not limited to text, images, graphics, data, messages, or any other information.
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 BabesCartel immediately and may not use or access BabesCartel or print or download any Materials from BabesCartel. You may be asked to verify that you of legal age as a condition of entry onto BabesCartel. You agree not to bypass any security and/or access feature on BabesCartel. Additionally, BabesCartel does not assume any responsibility or liability for any misrepresentations regarding a user's age.
Membership may not be assigned, transferred, or sold to a third party. BabesCartel disclaims any and all liability arising from fraudulent entry and use of BabesCartel. If a user fraudulently obtains access, BabesCartel 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 BabesCartel are, and were at the time of all recorded images, at least 18 years of age, and that BabesCartel contains no child pornography. If you seek any form of child pornography, you must exit BabesCartel immediately. You acknowledge that all Materials on BabesCartel 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 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, BabesCartel
To access BabesCartel 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 BabesCartel that all information you provide will be correct, current, and complete. If BabesCartel believes the information you provide is not correct, current, or complete, BabesCartel has the right to refuse you access to BabesCartel 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 BabesCartel, BabesCartel hereby grants you a limited, nonexclusive, nontransferable personal license to access and use BabesCartel and the Materials contained therein. BabesCartel provides the Materials on the site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of BabesCartel. Users of BabesCartel are granted a single copy license to view Materials (on a single computer only). All Materials on BabesCartel shall be for private non-commercial use only, and all other uses are strictly prohibited. BabesCartel reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of BabesCartel, or any of the Materials contained therein. Any unauthorized use of BabesCartel or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access BabesCartel for its intended purpose and is not a transfer of title. You represent and warrant that you will not allow any minor access to BabesCartel and that you will not copy or redistribute any of the content appearing on BabesCartel. BabesCartel 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 BabesCartel. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble or make derivative works from BabesCartel's Materials. User hereby agrees not to use any automatic device or manual process to monitor or reproduce BabesCartel, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage BabesCartel or any communications on it.
V. Restrictions on Use of BabesCartel
You may use the SITE only for purposes expressly permitted by the Terms and Conditions of BabesCartel. You may not use BabesCartel for any other purpose, including any commercial purpose, without BabesCartel's express prior written consent. Without the express prior written authorization of BabesCartel, you may not: (a) duplicate BabesCartel or any of the Materials contained therein (except as expressly provided above in Paragraph IV); (b) create derivative works based on BabesCartel or any of the Materials contained therein; (c) use BabesCartel or any of the Materials contained therein for any public display, public performance, sale or rental; (d) re-distribute BabesCartel or any of the Materials contained therein; (e) remove any copyright or other proprietary notices from BabesCartel or any of the Materials contained therein; (f) frame or utilize any framing techniques in connection with BabesCartel or any of the Materials contained therein; (g) use any meta-tags or any other 'hidden text/deep-link'
You are responsible for providing all equipment and the computer necessary to access BabesCartel. You may access the non-public portion of BabesCartel only by being a member in good standing to BabesCartel. BabesCartel reserves the right to modify Materials and BabesCartel's design at anytime, with or without prior notice. You may become a member of BabesCartel by completing an online registration form, which must be accepted by BabesCartel, and you must pay the subscription fee. Upon submission of the online registration form, BabesCartel or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. You must promptly inform BabesCartel of all changes, including, but not limited to, changes in your address used in connection with billing for BabesCartel. If you provide any information that is untrue, inaccurate, not current or incomplete, BabesCartel or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BabesCartel has the right to suspend or terminate your account and refuse any and all current or future use of BabesCartel, 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.
B. Member Account, Password and Security
As part of the registration process, you will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of BabesCartel. 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. 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 user name and password and that you will not provide access to BabesCartel 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 BabesCartel. 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. BabesCartel will not release your password for security reasons. You agree to (a) immediately notify BabesCartel of any unauthorized use of your user name 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 BabesCartel until you notify BabesCartel by email regarding that unauthorized use. Unauthorized access to BabesCartel is illegal and a breach of this Agreement. You indemnify BabesCartel against all activities conducted through your account.
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 ninety (90) 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 ninety (90) days of its publication.
Billing is provided by: SEGPAY Transactions will appear on statements as EPOCH, SEGPAY.COM or DARKREACH. For billing inquiries, please visit https://cs.segpay.com or email firstname.lastname@example.org
At any time, and without cause, subscription to the service may be terminated by either: SEGPay, BabesCartel, or the Subscriber upon notification of the other by electronic or conventional mail. Subscribers are liable for charges incurred until the date of the termination.
We do not provide cash refunds. Account credit may be granted in the form of free monthly memberships, shopping credit for pay per view or pay per download purchases or credit that may be used for other services offered on the Website to resolve customer service issues. The billing system used by BabesCartel from our authorized agent SEGPAY provides extensive credit card fraud protection measures and 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 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 BabesCartel. 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 BabesCartel to which you were a member. Without limiting other remedies, BabesCartel may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of BabesCartel and refuse to provide our services to you at any time, with or without advance notice, if: (a) BabesCartel believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference, (b) you fail to pay any amount due by the payment due date; (c) we are unable to verify or authenticate any information you provide to us; (d) we believe that your actions may cause legal liability for you, our users or us; or (e) BabesCartel decides to cease operations or to otherwise discontinue any of BabesCartel or parts thereof. Further, you agree that neither BabesCartel nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to BabesCartel. You agree that if your account is terminated by BabesCartel, you will not attempt to re-register as a member without prior written consent from BabesCartel.
VIII. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF BabesCartel OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR OWN AND SOLE RISK. BabesCartel AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED "AS IS" THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BabesCartel DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. BabesCartel MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH BabesCartel OR ANY TRANSACTION ENTERED INTO THROUGH BabesCartel 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 BabesCartel 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. BabesCartel 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.
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 BabesCartel 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 BabesCartel. 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 BabesCartel AND DO HEREBY AGREE TO EXIT IT IMMEDIATELY.
You agree to defend, indemnify, and hold harmless BabesCartel, 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 BabesCartel or any of the Materials contained therein, or your breach of any of these Terms and Conditions. BabesCartel 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
XII. Trademark Information
BabesCartel are service marks and/or trademarks of BabesCartel. 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. BabesCartel's marks, logos, domains, and trademarks may not be used publicly except with express written permission BabesCartel, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits BabesCartel.
XIII. Copyright Information
The Materials accessible from BabesCartel is the proprietary information and valuable intellectual property of BabesCartel or the party that provided the Materials to BabesCartel, and BabesCartel or the party that provided the Materials to BabesCartel 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 BabesCartel, 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 BabesCartel's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to BabesCartel. All Materials included on BabesCartel, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of BabesCartel or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on BabesCartel is the exclusive property of BabesCartel 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
BabesCartel 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 BabesCartel's Designated Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on BabesCartel;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You may send your Notice of Claimed Infringement to:
Please do not send other inquires or information to our Designated Agent.
XV. Export Control
You understand and acknowledge that the software elements of the Materials on BabesCartel may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to United States' or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. 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. 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.
XVI. 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.
XVII. Communications not Private
BabesCartel does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to BabesCartel shall be deemed to be readily accessible to the general public. Visitors should not use BabesCartel to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into BabesCartel can and may be read by the agents and operators of this service, regardless of whether they are the intended recipients of such messages.
XVIII. Force Majeure
BabesCartel 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, SPAM, or any failure of a computer, server or software, including errors or omissions, for so long as such event continues to delay the BabesCartel's performance.
XIX. 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 Wisconsin. 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 Wisconsin. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Madison, Wisconsin.
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 Madison, Wisconsin, 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.
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. 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 BabesCartel 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.
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 BabesCartel and the Materials contained therein, and your membership with BabesCartel, 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.
BabesCartel reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit BabesCartel. Your continued use of BabesCartel following the BabesCartel's posting of any changes to these Terms and Conditions constitutes your acceptance of such changes. BabesCartel does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by BabesCartel in writing, these Terms and Conditions may not be amended by you.
K. Government Rights
The software elements of the Materials have been developed at private expense and are "commercial computer software/restricted computer software."
L. Other Jurisdictions
BabesCartel makes no representation that BabesCartel 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 illegal or is otherwise prohibited. Those who choose to access BabesCartel from such locations do on their own initiative and are solely responsible for compliance with all applicable local laws.