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Please read
the following terms and conditions. This is a binding contract between
you (The Customer) and Bay City Blues, LLC (The Company). Access
to this service is only granted to those who read and agree to the
following:
1. For good, valuable, and sufficient consideration, I hereby agree
to become a customer of Bay City Blues, LLC, and agree to be bound
by the terms of this agreement. The Company acknowledges the sufficiency
of such consideration, and, subject to the terms and conditions
of this agreement, agrees to provide to the Customer the privileges
of calling the Company.
2. This agreement is subject to change by the Company at any time,
and changes shall be effective upon posting at BayCityBlues.com.
3. I am an adult 18 years of age or older and have the legal right
to possess and view adult material in my city, state, community,
country, and jurisdiction.
4. All materials, including but not limited to messages, communications,
photographs, goods and services, are intended for distribution to
and use by only and exclusively consenting adults in locations where
these materials do not violate any community standards. They are
further intended for use only where they do not violate any local,
state, or federal law or regulation of the United States of America
or any other country.
5. No minors or persons under 18 years of age may view or possess
any of the material on the Company's website. Neither may they place
orders for any of the goods and services offered herein. I agree
not to make any of the materials available to any minors or to any
persons who are not legally allowed to possess such materials.
6. I understand that this site contains materials of a sexual nature,
including explicit visual, audio, and textual depictions of nudity.
I am familiar with such materials, and am not offended by them.
7. I understand the standards and laws of the community, site,
and computer to which I am transporting this material, and I am
solely responsible for my actions.
8. I am using the Company's website and services, and my interest
in it is, for personal and not professional reasons I am not a law
enforcement agent or U.S. Postal Official or an agent for any third
party, and am not attempting to obtain any evidence for the prosecution
of any individual or corporate entity. I will not use or provide
any information about or contained within these websites against
the providers, owners, partners, Corporate Officers, or creators
of this site in any type of action, legal or otherwise.
9. All materials contained on the Company's websites are acknowledged
to be proprietary, except for any public domain material or that
material licensed to the Company for electronic dissemination. All
materials on any website controlled by the Company are acknowledged
to be both proprietary and the intellectual property of the Company,
and, except for initial downloading for personal use, may not be
used, copied, reproduced, or redistributed without the expressed
written authorization of the Company. All editions of all websites
controlled by the Company are protected by United States copyright
laws, international copyright treaties, and other applicable laws
and regulations. All rights are expressly reserved to the Company.
10. I acknowledge and agree that all materials on www.baycityblues.com
or any of its affiliated sites, including but not limited to www.thefuckingbar.com,
www.thefuckingbeach.com, and www.thefuckingparty.com, including
but not limited to pictures, text, and audiotext, are for entertainment
use only and that the use of models and fictional material may be
part of the entertainment provided.
11. I acknowledge and agree that any unauthorized use of the materials
available at any of the Company's websites, including but not limited
to unauthorized access, viewing, downloading, reproduction, or redistribution
shall consitute an intentional infringement of the Company's intellectual
property rights. I further agree that such unauthorized use also
constitutes an infringement of the Company's copyright, trademark,
and other rights.
12. I agree to be personally liable and fully indemnify the Company's
webmaster, owner, and/or any parties affiliated with this website
for any and all damages directly, indirectly and/or consequentially
resulting from my attempted or actual unauthorized downloading or
other duplication by any means of materials from the Company, alone
or with, or under the authority of, any other person or persons,
including, without limitation, any governmental agency. Such damages
include, without limitation, all direct and consequential damages
directly or indirectly resulting from unauthorized downloading of
materials from the Company, including, but not limited to, damages
resulting from loss of revenue, loss of property, fines, attorney's
fees and costs, including, without limitation, damages resulting
from prosecution and/or governmentally imposed seizures, forfeitures,
and/or injunctions.
13. Payment Policy. Charges may be incurred by the customer for
the following: a) Call charges. Calls shall be charged at the prevailing
rate at the time of call. Such charges will be clearly posted on
the Company's website. b) Other goods and services. The Company
may offer other goods and services, through itself, agents, or licensees.
14. The Customer may make payment by credit card or check debit,
and the Customer expressly authorizes the Company and/or its agents
to process such payments on the Customer's behalf. The Customer
agrees not to report any credit card used for payments to the Company
as lost or stolen, or the use of the card as unauthorized, unless
the Customer has good and true reason to consider the credit card
lost or stolen, or the use thereof as unauthorized. Any fraudulent
reporting of a lost, stolen or otherwise unauthorized use of credit
cards, check debits, or other charges used to obtain goods or services
from the Company shall subject the Customer to liability for the
charges owed plus any and all charges incurred by the Company in
collecting fees. Customer shall be liable for court costs, legal
fees, collection fees, and any other charges incurred by the Company.
Additionally, the Customer acknowledges that credit card fraud is
a crime, and will subject the Customer to criminal penalties. Fraud
will be reported by the Company to appropriate law enforcement entities,
including the Internet Fraud Center. This paragraph does NOT limit
any liabilities the Customer may have for breaches of any other
terms and conditions in this agreement.
15. Refund Policy. All services rendered are non refundable. The
Company will refund fees for costs for services not rendered due
to technical difficulties caused by the Company or its agents. Such
refunds will be made by credit to the credit card or bank debit
account used by the Customer. Should the Customer have paid by Money
Order, the Company will make such refunds by check.
16. Cancellation Policy. Each call or service rendered shall be
billed as a one time charge. The Company does NOT make recurring
charges to your credit card or account. Should the Customer make
a purchase and decide NOT to use the time purchased, the Company
will refund the charges less any fees, penalties, and charges incurred
by the Company, including but not limited to credit card fees.
17. Any liability of the Company, including but not limited to
any failure or delay of performance, interruption, error, technical
failure, theft or unauthorized access to records, breach of contract
or any other cause, shall be limited to the fee paid by the Customer
for the goods or services ordered or purchased. The Company shall
not be liable for any incidental or consequential damages. Some
states do not allow the exclusion of such liability, so this exclusion
may not apply to you.
18. Confidentiality. The Company and/or its agents may collect
information from the Customer for various reasons, including but
not limited to billing purposes. Such information may be used by
the Company for marketing purposes, and may be shared with partners
and associates of the Company. It may be used to make offers, on
behalf of the Company or its associates, to Customers. It may also
be used for any legal marketing methods. A Customer may opt out
of having his information shared by notifying the Company by email
to charlie@baycityblues.com. The Company retains the right to pursue
ALL legal methods to collect fees due to it for services rendered
and/or goods delivered. The company also will be forced to break
the confidentiality if required to by court order or subpoena, or
if it has information leading it to believe that the Customer is
involved in illegal activity.
19. The Company may provide various methods of communicating with
its agents, operators, and other Customers, including but not limited
to email, bulletin boards, forums, and other methods. Should the
Customer use any such methods, you expressly agree not to communicate
in any way which is defamatory, inaccurate, illegal, threatening,
or abusive. Any breach of this will terminate all rights to access
any websites controlled by the Company. Furthermore, the Customer
expressly acknowledges that any such communications may be accessed
by the operators, agents, and other Customers of the Company. The
Customer acknowledges that he has been informed that such communications
are neither private nor secure, and further acknowledges that he
alone is responsible for their content.
20. Notices from the Company may be made by posting at BayCityBlues.com.
Customer Service may be reached by email at CustomerService@BayCityBlues.com
or by calling our Customer Service phone number at (201) 655-3355.
This number is available 24 hours a day, and may be answered by
voice mail. All inquiries will be responded to within 24 hours.
21. Bookmarking to a page on this website or server which bypasses
this agreement shall constitute implicit acceptance of this agreement
and all its terms.
22. These Terms and Conditions constitute the entire agreement
between the Customer and the Company regarding the Customer's use
of the website and services offered. It supersedes any and all previous
agreements and/or understandings, both written and oral. It may
be changed at any time by the Company, by posting on the internet
at BayCityBlues.com. It shall be governed by the laws of the State
of Delaware and of the United States of America. Should any provision
be found to be unenforceable for any reason, it shall be reformed
only to the extent necessary to make it enforceable. All other provisions
will remain in full force and effect. Unless explicitly stated,
the provisions of this agreement shall survive its termination.
I AGREE THAT I HAVE READ THE TERMS AND CONDITIONS SET FORTH IN
THIS AGREEMENT AND THAT I AGREE TO THEM. I FURTHER AGREE TO BE CONSIDERED
TO HAVE DIGITALLY SIGNED THESE TERMS AND CONDITIONS AND TO BE BOUND
BY THEM.
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