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WEBSITE TERMS & CONDITIONS OF USE
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Thank you for visiting the Orgazmik websites. We provide the following information to inform you about the Terms and Conditions under which you may use Orgazmik Media, Inc.'s Web Site (www.orgazmik.com and www.adultdvdexperts.com) (the "Site"). Please read this information carefully. If you do not accept the Terms and Conditions stated here, do not use the Site. By using, accessing and or browsing the Site, you agree to these Terms and Conditions of Use. Orgazmik Media, Inc. ("Orgazmik Media") may revise these Terms and Conditions at any time by updating this posting. See also Ordering and Delivery Terms & Conditions.
1. INTELLECTUAL PROPERTY/PROPRIETARY RIGHTS
Material accessible through Orgazmik Media's Site may be subject to protection under privacy, publicity, or other personal and intellectual property rights including but not limited to, copyrights, patents, trademarks, trade names, trade secrets and other proprietary rights. Users shall not use Orgazmik Media's Site in any manner that would infringe, violate, dilute or misappropriate any such rights. Any use of a domain name in connection with Orgazmik Media's Site must not use that domain name in violation of the copyright, trademark or other rights of Orgazmik Media or any Third Party or the laws of the United States or any other country.
Copyright Notice
All content included on this site, such as, but not limited to, text, graphics, logos, button icons, images, photographs, videos, audio clips, software and other content ("Material") is the property of Orgazmik Media or its business partners, licensors, associated vendors or content suppliers. Without exception, even when not specifically so indicated with a copyright symbol or other notice, U.S. and international copyright laws protect the Material. Any unauthorized use, including the reproduction, modification, distribution, transmission, republication, display, performance, or commercial use of the Material on this Site without express prior written permission is strictly prohibited.
Trademarks, Names and Logos
Orgazmik Media(tm), Orgazmik(tm), Orgazmik.com(tm) and other graphics, logos and identifying words are trademarks of Orgazmik Media. These trademarks may not be used by anyone without the prior express written agreement of Orgazmik Media. Other product and company names, graphics and logos may be trademarks or registered trademarks of their respective owners and are used by permission. Permission for use of trademarks of other owners requires prior permission of those organizations.
These trademarks, names and logos may not be used in any manner so as to cause confusion among consumers or used in any manner that disparages or discredits Orgazmik Media or other owners or is otherwise inconsistent with this Policy.
2. LIMITATION OF LIABILITY
Orgazmik Media makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from use of the Site and the Material. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and/or the Material and may be made at any time.
ORGAZMIK MEDIA DOES NOT WARRANT THAT THE SITE, SERVICES, SOFTWARE OR EQUIPMENT WILL OPERATE ERROR-FREE OR MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, VIRUS FREE, SECURE OR TIMELY. YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING YOUR EQUIPMENT OR DATA, ORGAZMIK MEDIA IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ORGAZMIK MEDIA AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ORGAZMIK MEDIA AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
3. DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL ORGAZMIK MEDIA, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, LOSS OF USE, LOSS OF BUSINESS OR PROSPECTIVE BUSINESS OPPORTUNITIES, SAVINGS OR OTHER ECONOMIC LOSS RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ORGAZMIK MEDIA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME OF THE ABOVE MAY NOT BE APPLICABLE TO YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE.
ORGAZMIK MEDIA DOES NOT GUARANTEE THE SECURITY OF ANY OF USER’S DATA OR SYSTEM AT ANY TIME OR FOR ANY PURPOSES, NOR WILL ORGAZMIK MEDIA BE LIABLE FOR ANY LOSS FROM DELAYS, NON-DELIVERIES OR SERVICE INTERRUPTIONS. USER UNDERSTANDS AND ACKNOWLEDGES THAT COMPUTER NETWORKS ARE INHERENTLY INSECURE AND SUBJECT TO ATTEMPTS AT UNAUTHORIZED ENTRY OR BEHAVIOR AND THAT USER HAS A RESPONSIBILITY TO ACTIVELY MONITOR THE FUNCTIONS OF ITS SYSTEMS AND TO BACK UP ITS DATA REGULARLY.
ORGAZMIK MEDIA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM ORGAZMIK MEDIA'S NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT USERS CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH ORGAZMIK MEDIA WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, ORGAZMIK MEDIA CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, ORGAZMIK MEDIA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
4. USER SUBMISSIONS
Except as stated in our Privacy Policy or elsewhere on the Site, any communication which you post to the Site is considered to be non-confidential. By posting communications to the Site, you automatically grant Orgazmik Media a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You agree that you will not: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, excessively violet, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; violate any local, state, national or international law or treaty; harm or interfere with in any way the Site, networks or services connected to the Site; use the Site for any illegal purpose or activity, in violation of any laws or rules.
You further agree that you will not use the Site to store, gather or collect information about other users of the Site; disseminate, transmit or post unauthorized messages, email messages, spam or advertising materials to others that have not authorized receipt of such information. User will not engage in conduct in connection with: email or Usenet news that is an obvious nuisance or that would be unlawful in other contexts (for example, threats, harassment, defamation, obscenity, or software piracy); engage in any activities or actions that would violate the personal privacy rights of others including, but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; send post or host harassing, abusive, libelous or obscene materials or assist in any similar activities related thereto; intentionally omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses; engage in any activities or actions intended to withhold or cloak customer’s or User's identity or contact information; engage in any attempt to breach authentication or security measures or any unauthorized attempt to gain access to any other account, host or network; assist or permit any persons in engaging in any of the activities described above. Complaints regarding email or other Site abuse may be sent to info@orgazmik.com.
Orgazmik Media does not represent or guarantee the truthfulness, accuracy, or reliability of any of the communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. Orgazmik Media does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, Orgazmik Media may investigate the allegation and determine in good faith at its sole discretion whether to remove or request the removal of the communication. Orgazmik Media has no liability or responsibility to Users for performance or nonperformance of such activities. Orgazmik Media reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
5. LINKS TO OTHER SITES
The Site may, at times, contain links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Orgazmik Media of the contents on such third-party Web sites. Orgazmik Media is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you agree that you do so at your own risk.
6. COOKIES
To enable any shopping features that may be available or become available on the Orgazmik Media web site, our server will assign your browser a unique identification number stored in a file on your computer (a "cookie"). This unique identification number will automatically identify your browser to our computers whenever you interact on our site.
7. INDEMNITY
You agree to save, defend, indemnify, and hold harmless Orgazmik Media, Inc., its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or Material or your breach of the terms of this Agreement. Orgazmik Media shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding using attorneys reasonably acceptable to Orgazmik Media.
8. EXPORT CONTROL
The United States controls the export and import of certain products and information. You agree to comply with such restrictions and not to export, re-export or import the Materials to countries or persons prohibited under the export/import control laws. By downloading the Materials, you are agreeing that you are not in a country where such export/import is prohibited or are a person or entity to which such export/import is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
9. APPLICABLE LAW/GENERAL
Orgazmik Media makes no claims the Materials are appropriate or may be downloaded in of the United States or in any other country. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Site from within or outside the United States, you do so at your own risk and are responsible for compliance with the laws of your specific state and/or jurisdiction. This Agreement is governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles.
You agree to submit to the personal and exclusive jurisdiction of the United States District Court for the Northern District of Illinois and/or the Circuit Court of Cook County Illinois. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or material on particular Site pages, this Agreement constitutes the entire Agreement between you and Orgazmik Media with respect to the use of the Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of Orgazmik Media.
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