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Terms of Use Agreement

THIS AGREEMENT EXPLAINS HOW YOU (“USER", "YOU", AND "YOUR”) MAY USE THE MYREDBOOK (SEYCHELLES) S.A. (“MYREDBOOK”) WEB SITE(S) AND SERVICES. BY USING THIS WEB SITE, YOU CONSENT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW, AND YOU MAY, SUBJECT TO THOSE TERMS AND CONDITIONS, USE THE MYREDBOOK WEB SITE AND SERVICES. IF YOU DISAGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE MYREDBOOK WEB SITE OR SERVICES. WHEN USING PARTICULAR MYREDBOOK SERVICES, YOU AND MYREDBOOK SHALL BE SUBJECT TO ANY ADDITIONAL GUIDELINES OR RULES APPLICABLE TO SUCH SERVICES. ALL SUCH ADDITIONAL GUIDELINES OR RULES ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT.

WARNING: THIS WEB SITE CONTAINS ADULT CONTENT AND SEXUALLY EXPLICIT MATERIAL. YOU ARE ENTERING THIS WEB SITE BECAUSE IT HAS ADULT CONTENT AND SEXUALLY EXPLICIT MATERIAL. BY AGREEING TO THIS AGREEMENT AND ACCESSING THIS SITE, YOU AGREE THAT YOU DO NOT FIND ADULT CONTENT OFFENSIVE OR OBJECTIONABLE, THAT THE STANDARDS OF YOUR COMMUNITY DO NOT FIND SUCH CONTENT OFFENSIVE OR OBJECTIONABLE, THAT YOU ARE AT LEAST TWENTY-ONE YEARS OF AGE, THAT ACCESSING SUCH CONTENT FROM YOUR CURRENT LOCATION IS ENTIRELY LEGAL, THAT BY ACCESSING THIS SITE YOU ARE NOT BREAKING OR VIOLATING ANY LAW, STATUTE, ORDINANCE, REGULATION, CODE, OR OTHER LEGISLATION IN YOUR JURISDICTION, AND THAT YOUR ACCESS TO THIS SITE IS COMPLETELY VOLUNTARY AND BY YOUR INFORMED AND EXPLICIT CHOICE TO DO SO.

MYREDBOOK IS FOR ENTERTAINMENT PURPOSES ONLY. NO INFORMATION CONTAINED WITHIN THIS WEB SITE SHOULD BE CONSTRUED AS TRUTHFUL OR AS STATEMENTS OF MATERIAL FACT. THE CONTENT OF THIS WEB SITE IS INHERENTLY DUBIOUS DUE TO THE NATURE OF ITS DERIVATION FROM UNSUBSTANTIATED THIRD PERSON ACCOUNTS. NEVERTHELESS, NOTHING ON THIS WEB SITE SHOULD BE CONSTRUED AS A FURTHERANCE OR ENDORSEMENT OF ANY ILLEGAL ACT OR PRACTICE. MYREDBOOK EXPRESSLY REMINDS ITS VISITORS THAT PROSTITUTION AND SIMILAR ACTIVITIES ARE ILLEGAL IN MOST JURISDICITONS OF THE UNITED STATES AND OTHER NATIONS.

THE CONTENT WITHIN THIS WEB SITE IS PROTECTED BY FEDERAL COPYRIGHT LAW. ANY MISAPPORIATION OF PROTECTED CONTENT IN VIOLATION OF SUCH LAW WILL BE PROSECUTED FULLY. IN ADDITION TO ANY CRIMINAL PROSECUTION, VIOLATORS MAY BE SUBJECT TO CIVIL PENALTIES FOR ANY DAMAGES ATTRIBUTABLE TO THEIR VIOLATION.

1. ACCEPTANCE OF TERMS OF USE

This Terms of Use Agreement (hereinafter referred to as the "Agreement") explains the contractual agreement between myRedBook S.A., ("MYREDBOOK", "we", "us", “our”) and User ("User", "you", "your"). This Agreement is made to be effective as of the date accepted by User ("Effective Date") following User's execution and submission of this Agreement by clicking "I Agree" at the end of this Agreement and/or by using this Web site. This Agreement governs your use of the MYREDBOOK Web Site (the "Web Site" and/or the “Service(s)”) and transactions conducted through this Web Site including, but not limited to, the payment services, message boards, chat services and other features otherwise available on the Web Site. By using the Web Site and/or clicking the "I Agree" button, you acknowledge your acceptance of the terms and conditions of this Agreement. By accepting the terms and conditions of this Agreement you are (i) representing and warranting that you can legally enter into this Agreement, and (ii) expressly agreeing to the terms and conditions of this Agreement. If you do not accept this Agreement, you are not authorized to use the Web Site. If you have any questions about this Agreement, please contact us from the SUPPORT PAGE

2. YOUR IDENTITY AND YOUR USE OF MYREDBOOK

A. You hereby warrant and represent that you are at least eighteen (18) years of age and have the legal capacity to enter into agreements of this nature. You hereby acknowledge that you have researched the applicable age requirements in the jurisdiction from which you are accessing this service and, with full knowledge of any such applicable legal limitations, you have determined that you are of sufficient age to access the materials within this site. IF YOU ARE NOT AT LEAST 18 YEARS OLD, OR IF YOU ARE OFFENDED BY SEXUALLY ORIENTED MEDIA, OR IF YOU DO NOT AGREE TO EACH AND EVERY OF THE TERMS OF THIS AGREEMENT, OR IF ACCESSING THIS SITE WOULD CAUSE YOU TO VIOLATE ANY LAW WHATSOEVER, YOU MUST LEAVE THE SITE IMMEDIATELY. WARNING: MISREPRESENTATION OF YOUR AGE TO GAIN ACCESS TO THIS SITE IS A VIOLATION OF THE LAW.

B. You hereby warrant and represent that you are familiar with and understand the standards and laws of the community in which you live regarding sexually oriented media. You represent that, based on your familiarity with these standards and laws of your community, by requesting and receiving any of the adult material on MYREDBOOK, you will not be violating any of these standards or laws. You understand that by accepting the terms of this Agreement, you will hold MYREDBOOK harmless from any consequences related to your requesting, receiving or possessing materials contained on the MYREDBOOK site. YOU AGREE THAT ACCESSING THIS SITE WILL NOT CAUSE YOU TO VIOLATE ANY LAWS WHATSOEVER AND THAT YOUR ACCESS TO THIS SITE IS SOLELY FOR ENTERTAINMENT PURPOSES.

C. You hereby agree that you will not redistribute this material to anyone nor will you permit any minor to access this site, or any other person who might find such material personally offensive.

D. You hereby agree that you will not allow any person who is under the jurisdiction of any municipality, city, state, county, province, country, or other governmental entity where viewing sexually oriented material, and specifically the material on this Web Site is prohibited by law to access any sexually oriented material on or from this Web Site.

E. MYREDBOOK is for the private, non-commercial enjoyment of Users only. Any other use is prohibited. MYREDBOOK provides a venue for Users to enjoy sexually-oriented media as well as other services which MYREDBOOK may offer from time to time. Such Other Services will at all times be subject to the control and discretion of MYREDBOOK and its agents. Users may, at any time, and at the sole discretion of MYREDBOOK and/or its authorized agents, be denied access to the Other Services and any communications made by such Users by such media will at all times be subject to the exclusive, sole discretion of MYREDBOOK and/or its agents. For the purpose of maximum clarity, its is further stated that any Other Services are subject to revision, censorship, editing, deletion, amendment, or other content control by MYREDBOOK and/or its agents at any time for any reason without notice or explanation and in its sole discretion and/or the discretion of its agents. Via the Web Site, we provide certain information about our products, services and users, and certain other third party information. We may add, delete or modify some or all of our services and information at any time. From time to time, we will provide features and services which either are or shall be set forth in separate sections of the Web Site, which are subject to the terms of this Agreement, but are also subject to the additional terms and pricing specified on the Web Site. With respect to these features and services provided on our Web Site, you will be charged, and agree to pay us any fees, as set forth in separate sections of the Web Site detailing such features and services.

3. SYSTEM INTEGRITY

You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, cancelbots or denial-of-service attacks, intended to damage or interfere with the proper working of the Web Site or any transaction being conducted on our site, or to surreptitiously intercept or expropriate any system, data or personal information from the Web Site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to automated scripted downloads, "spam" or other such unsolicited mass e-mailing techniques.

4. INFORMATION POSTED ON THE WEB SITE

A. You are solely responsible for information that you post on our Web Site, including but not limited to any posting or listing in any public message area or through any e-mail feature. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to this information. Your information must not: (a) infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; (c) be obscene, indecent or contain content objectionable per the reasonable standards in your community; (d) nor violate the law of community standards in the jurisdiction from which you are posting the material.

Reviews submitted to MYREDBOOK are compensated with normal membership priviledges. As such, all reviews become property of MYREDBOOK.

We do not endorse any information posted by Users and we are not liable for any such information posted on our site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on our site which we believe is appropriate in our sole discretion with respect to such information, including but not limited to termination of this Agreement. However, we cannot, nor do we, control the information provided by Users or other content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled. Information on the MYREDBOOK Web Site, whether posted by us, other Users, or third parties, is provided "AS IS" and may contain technical inaccuracies or typographical errors.

B. There are no facilities provided by MYREDBOOK for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which you intends only the intended recipient(s) to read. You hereby acknowledge and agree that all messages entered into this web site can and may be read by the operators of the Service, whether or not they are the intended recipient(s).

C. The Web Site may contain links to third-party web sites not under the control or operation of MYREDBOOK. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.

5. RELATIONSHIP AND OBLIGATIONS OF PARTIES

A. MYREDBOOK provides Services for Users. Both parties are independent contractors with respect to all matters arising out of this Agreement. Neither party shall be considered the employee, agent, partner or joint venturer of the other.

B. MYREDBOOK and User agree that each will abide by any and all applicable federal and state statutes, regulations or common laws. User agrees to hold harmless and indemnify MYREDBOOK for any and all liability arising from a violation of any such statute, regulation or common law.

6. PAYMENT TERMS

A. Notwithstanding anything to the contrary, you hereby authorize MYREDBOOK to process any and all payments from you that are due in accordance with your cardmember agreement and any policies posted from time to time on the MYREDBOOK web site. Once you have accessed the site once, it will be impossible for MYREDBOOK to refund any portion of your fee.

B. You authorize us, or our agents, to charge your credit card or other approved payment facility for all costs and charges you lawfully owe, until this Agreement is canceled or terminates. You also agree that MYREDBOOK has the right to change all pricing, content and characteristics of the Service at any time, and to terminate access to the Service to any person without cause or prior notice.

C. Your right to access MYREDBOOK may not be assigned or transferred to any other person or entity. You must promptly inform MYREDBOOK of apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a User ID or password.

7. TERM AND TERMINATION

A. This Agreement shall become effective upon the assent hereto by the User and shall continue until terminated by MYREDBOOK or User as provided for under the terms of this Agreement.

B. Unless otherwise agreed to in writing between the parties, either party may terminate the Service at any time upon notice to the other party. Such termination will be subject to the terms of this Agreement. User hereby acknowledges that MYREDBOOK may, in its sole discretion, terminate or suspend User's access to all or part of the Services for any reason, including, without limitation, breach of the Agreement.

8. PRIVACY AND CONFIDENTIALITY

A. Your use of the Web Site and the services provided therein and thereby is governed by the terms of this Agreement and the terms of MYREDBOOK’s Privacy Policy located at privacy.aspx and incorporated herein by reference.

B. Any user identification ("User ID") and password, and any authorization codes or similar verification identifiers provided to you by us should be maintained as confidential and should not be distributed or disclosed to third parties. It is your responsibility to notify us if you need to change or discontinue your User ID and password and/or authorization codes, if applicable. You may only do so by: (i) sending us a notice, or (ii) contacting us from the SUPPORT PAGE

9. OWNERSHIP

The Web Site and all intellectual property rights related to the Web Site, including but not limited to copyrights, trademarks and service marks, are owned or licensed by us, and all right, title and interest in the Web Site and the related intellectual property rights remain our property. You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Web Site, including any services provided via the Web Site, and this Agreement does not grant you permission to do so. Certain content is licensed from third parties. All such third party content and all intellectual property rights related to that content belong to the respective third parties. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the Web Site, including any Web Site content.

THE CONTENT WITHIN THIS WEB SITE IS PROTECTED BY FEDERAL COPYRIGHT LAW. ANY MISAPPORIATION OF PROTECTED CONTENT IN VIOLATION OF SUCH LAW WILL BE PROSECUTED FULLY. IN ADDITION TO ANY CRIMINAL PROSECUTION, VIOLATORS MAY BE SUBJECT TO CIVIL PENALTIES FOR ANY DAMAGES ATTRIBUTABLE TO THEIR VIOLATION.

10. WARRANTIES

A. Each party warrants that it has the right or full corporate power and authority to enter into this Agreement.

B. THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS", WHERE IS, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESSED OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER OR THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY USER. YOUR ACCESS TO MYREDBOOK AND YOUR ACCESS TO THE MYREDBOOK WEB SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYREDBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF AND ACCESS TO MYREDBOOK IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU HEREBY ACKOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETOWORK AND ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS OF ANY SUCH MATERIAL. MYREDBOOK MAKES NO WARRANTY THAT (i) ACCESS TO MYREDBOOK AND THE MYREDBOOK WEB SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR THAT (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MYREDBOOK WILL MEET YOUR EXPECTATIONS OR DEMANDS.

11. INDEMNIFICATION

A. User shall defend, hold harmless and indemnify MYREDBOOK from and against any and all losses, costs, expenses, damages or other liabilities incurred by MYREDBOOK from and against any cause of action, claim, suit or proceeding brought by a third party against MYREDBOOK in connection with User's use of the Services. User agrees to indemnify, defend and hold MYREDBOOK harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from: (i) User's use of the Web Site (ii) User's decision to supply credit information via the Web Site, including personal financial information; (iii) User's decision to submit postings; (iv) User's breach of any provision of this Agreement; and/or (v) any negligent or intentional wrongdoing by User. Any such indemnification shall be conditioned on our: (a) notifying User in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with User in the defense or settlement thereof; and (c) allowing User to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

12. LIMITATION OF LIABILITY

A. IN NO EVENT SHALL MYREDBOOK BE LIABLE TO ANY USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

B. In the event that you have a dispute with one or more Users, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Web Site, the Services, or such dispute. You waive the provisions of any state law limiting or prohibiting a general release.

C. Notwithstanding any other provision of this Agreement, in no event will MYREDBOOK's liability to User for any action or claim related to the Services provided under this Agreement, whether based on contract, tort, negligence, or any other theory of liability, exceed in the greater of: (A) $250 or (B) the aggregate an amount equivalent to the funds actually collected by MYREDBOOK from User for the Services to which the liability relates during the three (3) month period immediately preceding the determination of such liability.

D. We regularly, and sometimes unexpectedly, must perform system maintenance, preventative maintenance, emergency maintenance, and unplanned troubleshooting. In addition, our contracts with certain of our suppliers provide for scheduled maintenance, preventative maintenance, and emergency maintenance work. We will have no liability whatsoever for any unavailability of the Web Site caused by our maintenance or troubleshooting activities, or any supplier's performance or lack of performance of the maintenance work needed to keep the Web Site operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts, the acts of any web services provider or problems with the Internet infrastructure and networks external to the Web Site. The limitations of liability provided in this Agreement inure to the benefit of us, our affiliates and all of our respective officers, directors, employees, attorneys and agents.

13. ASSIGNMENT AND THIRD PARTY BENEFICIARIES

MYREDBOOK has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You do not have the right to assign or transfer this Agreement or any rights thereunder to any other person or entity without our prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.

14. GOVERNING LAW AND JURISDICTION

The MYREDBOOK Web Site (excluding linked sites) is owned and operated by myRedBook (Seychelles) S.A.. It can be accessed from other countries around the world. As each of these places has laws that may differ from those of Seychelles, by accessing the Web Site, you agree that this Agreement and your use of the Web Site, and the services offered therein and thereby, shall be governed in all respects by the internal substantive laws of Seychelles, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to jurisdiction and venue in the courts located in Seychelles and further agree that any cause of action you may bring arising under your use of the Web Sites shall be brought by you exclusively in a court located in Seychelles. We make no representation that materials on the Web Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. As noted elsewhere in this Agreement, those Users who choose to access this site from other locations do so on their own initiative and are responsible for compliance with laws governing the jurisdiction from which they access the site.

15. NO WAIVER

Failure of either party hereto to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any such condition or conditions.

16. MISCELLANEOUS

A. This Agreement, and all writings, web pages, agreements and policies incorporated herein, contains the entire Agreement between the parties and supersedes any prior agreement, negotiation or understanding of the parties, whether oral or in writing, with respect to the subject matter of this Agreement. Any representations, promises or conditions not incorporated herein shall not be binding upon MYREDBOOK or User or their respective successors and assigns. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of both parties.

B. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Failure of either party to act or exercise its respective rights under this Agreement upon the breach of any other terms hereof by the other party shall not be construed as a waiver of such a breach or prevent said party from thereafter enforcing strict compliance with any or all of the terms thereof.

C. This Agreement does not create a relationship of agency, partnership, or representation between MYREDBOOK and User for any purpose whatsoever, it being understood between the parties hereto that MYREDBOOK and User are to act as an independent contractors and are not authorized to make any contract, agreement, warranty or representation on behalf of each other.

D. Neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, acts of terrorism, storms, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

E. You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) your use of the Web Site and the Services and any Other Services provided thereby or therein; (ii) your ordering or posting of, services or offers, if applicable; and (iii) the posting and retrieval of information by you, including without limitation those governing antitrust, unfair competition, false advertising, taxation and export control. You are responsible for paying all applicable fees and taxes you incur in connection with access to our servers and our Web Site. Furthermore, you are responsible for obtaining and furnishing all equipment necessary to access our site.

F. This Agreement shall be governed by and construed in accordance with the laws of Seychelles without regard to its conflicts of laws provisions.

G. Except to the extent prohibited by law, the sections of this Agreement will survive any termination or expiration of this Agreement for any reason.

H. MYREDBOOK retains the right to amend this agreement from time to time with no specific notice and to which User will be deemed to have assented by virtue of their continue use of the Web Site.

(last updated 2007-04-06)

 

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