TERMS & CONDITIONS
Effective Date: April 1 2023
Revision Date: June 15, 2023
AGREEMENT TO TERMS.
The Terms of Use Agreement (“Agreement”), created on the effective date and last amended on date above, is made between you (“user,” “you” or “your”), and:
WEBSITE.
Website: www.temptasia.com
Company Name: 3D Digital Media LLC :
Address: 8206 Louisiana Blvd NE, Albuquerque, NM 87113 USA
E-Mail: admin@temptasia.net
The owner mentioned above (the “Company,” “we,” “us,” or “our”) operates websites, software, and mobile applications, (collectively, the “Platform”), and with this Agreement, outlines the rights and obligations that you (registered and unregistered visitors, collectively “Users”) share for the purpose of making use of any of the content, software, or other tools on the Platform.
ADULTS ONLY.
ONLY CONSENTING ADULTS (18 YEARS OF AGE AND ABOVE) ARE ALLOWED TO USE THIS PLATFORM. IF YOU ARE A MINOR, OR BELOW 18 YEARS OF AGE, OR CONSIDERED NOT HAVING REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST IMMEDIATELY LEAVE THIS PLATFORM.
DESCRIPTION OF SERVICE.
The Platform allows Users to view, broadcast live video, post contents for sale, purchase contents for sale, and interact with other Users via text messages and audio/video. It is purely for entertainment, which allows adults such as you to share likes and interests. You understand that the content you may see involves nudity, and/or persons engaged in various forms of explicit sexual activity, performed by different individuals or groups.
We are in the business of operating an online platform for use by independent performers/models, and we do not produce or present any broadcasts, content, live or otherwise.
ACCESS.
Your access to and use of the Platform is conditional upon your acceptance of and compliance with this Agreement, which applies to all the platform’s Users. If for any reason, you do not agree with any of the terms of this Agreement, you may not access the Platform.
Additionally, your access to and use of the services is also conditional upon your acceptance of and compliance with our Privacy Policy (https://temptasia.com/page/privacy-policy) which describes our policies and procedures on the collection, use, and disclosure of your personal information which is initiated by and commences when you use the platform. The privacy policy discloses details and discloses your privacy rights and protections under applicable laws. It is advised to read our privacy policy prior to accessing the platform.
a. Adults Only. Only consenting adults (18 years of age and above) are allowed to use this Platform. If you are a minor, or below 18 years of age, you must immediately leave this platform. You agree that we have the right to terminate your access if we believe you are in violation of this requirement, and that we may report you to the National Center for Missing and Exploited Children ("NCMEC") and/or other law enforcement.
b. No Child Pornography. All Users of the Platform are strictly prohibited from broadcasting, sharing, distributing, selling, purchasing, accessing any form of Child Pornography, or solicit, or engage in any discussion or Child Pornography, or any form of exploitation of a person below the Age of Majority, including but not limited to materials made to simulate or suggest such. If you see anything on the Platform that violates this requirement, please report it at admin@temptasia.net. You agree that we have the right to terminate your access if we believe you are in violation of this requirement, and that we may report you to the NCMEC and/or other law enforcement.
c. Anti-Human Trafficking. We strongly condemn human trafficking, and strictly disallow the use of the Platform for broadcasting, sharing, distributing, selling, purchasing, accessing any content related to, or a result of, the recruitment, transportation, transfer, harboring, or receipt of people through force, fraud, coercion or deception, or any other form of exploitation.
USER ACCOUNTS.
You need to create a Registered User, Performer/Model, or Studio account in order to access the non-public sections of the Platform. You agree to be responsible for safeguarding information related to your account, including account data, connected e-mails, passwords, and any other personal information located therein. If you are made aware of any breach of unauthorized use of the account, you should notify us as soon as possible. Furthermore, you agree not to disclose any username and password created with any 3rd party other than secured services used to assist with saving passwords on your behalf. Such username must be appropriate for public viewing and not violate any trademark, copyright, or other protected names or marks.
You agree to our Privacy Policy (https://temptasia.com/page/privacy-policy) with regards to the information we collect for creating any user account.
a. Registered User Account. You will need to create a Registered User account in order to access the non-public sections of the platform. This may include posting of comments in chatrooms, purchasing content for sale, and certain broadcasts where the Performer/Model has blocked access to the general public. The email you use during registration will be verified.
b. Performer/Model and Studio Account. You will need to create a Performer/Model or Studio account to be able to broadcast or sell content on the Platform. You will be asked for biometric data for age verification as a matter of compliance, and may need to provide additional data such as bank information. If your broadcast involves more than one performer/model, each and every performer/model must have a separate Performer/Model account.
c. No Sharing of Accounts. Accounts must only be for the use of one individual, and may not be shared, transferred, or otherwise made available to a 3rd party. You are responsible for all usage and activity of your registered account. You must notify us immediately if you feel that your account is being used by an authorized party.
d. Independent Performer/Model. Performer/Model and Studio accounts are considered as independent performers/models, and not employees, and as such, are not subject to any supervision of activities. You are also solely responsible for any tax and statutory requirements in your jurisdiction that an independent worker, sole proprietor, or independent contractor, is subject to.
e. Solicitations. You are not allowed to use the Platform to promote or advertise other 3rd party products and websites that provides similar services, nor are you allowed to solicit Users of the platform to utilize other 3rd party products or websites.
f. Termination. We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the non-public areas of the platform will cease immediately, including access to any images, videos, and all contents you have uploaded, or is associated with your account in any way. If you wish to terminate your relationship with us, request a cancellation to admin@temptasia.net.
USER SUBMISSIONS, BROADCASTS, CONTENT.
You agree to our Privacy Policy (https://temptasia.com/page/privacy-policy) with regards to the content and information you broadcast, share, sell, or purchase in the Platform.
Our platform allows you to chat, broadcast live, make postings (available for public or private viewing), or other communication functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to, text, writings, video, audio, photos, graphics, comments, suggestions, personal information or other material (collectively known as the “content”). Content may be viewable by other users or the general public. You agree to limit the information you share through the Platform as we cannot control the use of such content by the Users and general public
When you create or make any content available on the platform, you are accepting that:
a. The creation, distribution, transmission, public display, or performance of displaying your content to be widely available for accessing, downloading, or copying does not infringe your or its proprietary rights, including but not limited to any copyrights, trademarks, patents, trade secrets, confidential information or moral rights of a 3rd party;
b. You are the creator and owner of or have the necessary licenses, rights, consent, releases, and permissions to use and to authorize us, and other users of the platform, to use your content in any manner deemed reasonable;
c. You have the written consent, release, or permission of each and every identifiable individual in your content to use their name or likeness;
d. Your content is not false, inaccurate, or misleading to the detriment of other users, the platform, or any 3rd party;
e. Your content is not unsolicited or unauthorized advertising, used for promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
f. Your content is not obscene, lewd, lascivious, filthy, violent, considered harassment, libelous, slanderous, or otherwise objectionable (as determined by us);
g. Your content does not ridicule, mock, disparage, intimidate, or verbally abuse other users or us;
h. Your content is not used to harass or threaten (in the legal sense of those terms) any user or individual or promotes violence against a specific person or class of people;
i. Your content does not violate any applicable laws or regulations of the United States, and in your jurisdiction, including, but not limited to, anti-pornography laws;
j. Your content does not violate any privacy-related concerns or the publicity rights of any 3rd party;
k. Your content does not include offensive comments related to groups of race, national origin, gender, relationship status, familial status, religion, sexual preference, or physical handicap; and
l. Your content does not link to material that violates any of the aforementioned provisions of this section or this Agreement.
Content For Sale. The Platform offers the ability for Performers/Models and Studios to upload videos, images, and other content for purchase by other Users. You acknowledge that any purchase by you of any User uploaded content is at your own risk and the Platform makes no representations about the legality, suitability, enjoyability or any other quality of any such content. You hereby release the Platform, its directors, shareholders, attorneys, affiliates, successors, assigns, officers, employees and agents from any and all claims arising out of your purchase of such content.
18 U.S.C. 2257 Compliance. For compliance, any visual content that you broadcast, sell, or upload through the Platform that portray sexually explicit acts, depictions of the genitals or pubic area, or simulated sexually explicit activity, require that you maintain the records as required by 18 U.S.C. 2257 guidelines. You acknowledge that failure to comply with this requirement may make you subject to criminal and civil prosecution.
Communications Decency Act. We are not the producer, speaker, or presenter of live broadcasts or other media content, and all content are provided by the Users of the platform. As such, we are not liable for the content published for broadcast or sale by our Users.
Safe Working Conditions. You are not allowed to broadcast or share content that shows a Performer/Model in an unsafe working environment. We reserve the right to terminate any Studio or Performer/Model account in violation of this requirement.
NO RESPONSIBILITY.
We monitor the platform's content for compliance and we use reasonable efforts to investigate reports of non-compliance of this Terms of Use. You agree that we are not responsible, and you release us from any liabilities and claims, in connection with your use of any content or communications within the Platform between you and other users, or your use of third party links shared between you and other users. You will also hold us harmless for any and all losses, damages, and costs arising from a claim that a User content infringes the intellectual property rights of a 3rd party.
You understand that access to the platform, is open to the general public and other registered users, and that we cannot control their use of any live and static content that you share, post, or sell on our platform. You understand that while broadcasting live in public or in private one-on-one video sessions, other Users might, without your permission, illegally record, ad make copies of, share, distribute, or publish your live broadcast through other digital means. You agree to this risk, and hold us harmless and free of liability for any consequence of broadcasting on the platform which may or may not include damages, losses, or any other claims.
We are not responsible for any damages of any kind which may be a consequence of your use of the Platform, including but not limited to any damages resulting from any viruses, worms, or other destructive software or materials, or communications shared, sold, or purchased by you or other users of the Platform, or caused by any interruption or suspension of the Platform.
No information, data, or information provided on the Platform is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject the Company to the legal liability of any type. Any such access or use of the platform is to be utilized on your own initiative, and you are solely responsible for any legal compliance.
CODE OF CONDUCT.
The Platform is made available for use of consenting adults. While we do not actively censor and control the content that is shared by our Users, we have listed the following restrictions to comply with applicable law, community standards, and to provide a harmonious environment for our Users. As a User of our Platform, you must adhere to the following:
a. You are strictly prohibited from broadcasting, sharing, distributing, selling, purchasing, accessing any form of Child Pornography, or solicit, or engage in any discussion or Child Pornography, or any form of exploitation of a person below the Age of Majority, including but not limited to materials made to simulate or suggest such. If you see anything on the Platform that violates this requirement, please report it at admin@temptasia.net. You agree that we have the right to terminate your access if we believe you are in violation of this requirement, and that we may report you to the NCMEC and/or other law enforcement.
b. You are prohibited from broadcasting or sharing any illegal or unsafe activities such as but not limited to, violence, torture, asphyxiation, snuff, rape, bestiality, or any action causing harm to yourself or other persons, whether real or simulated.
c. You are prohibited from sharing, initiating, communicating, or distributing any libelous, slanderous, abusive, hateful, sexist, obscene, terroristic, or defamatory information, statements, or content within the Platform or services related to the Company, or engage in any activity with the intent to harass, annoy, intimidate, abuse, threaten, or harm any user, employees, agents, contractors, or any other individual affiliated with the company, or in fact other persons or group of people.
d. You are prohibited from impersonating another user or person by use of a username, e-mail, personal name, or in any other manner; you also will not trick, defraud, or mislead other users or us, especially in any attempt to learn sensitive account information such as user passwords.
e. You will not attempt any unauthorized automated use of the platform, such as using scripts to send comments and messages, or using mining tools with the intention of gathering, injecting, or extracting data.
f. You will not circumvent, disable, or otherwise interfere with security-related features of the platform, including those that restrict the copying of content or protected marks, or engage in disabling or attempting to disable restrictions implemented by the platform that prohibits access to certain areas.
g. You will not upload or transmit, or the attempt of such act, viruses, trojan horses, or other damaging or improper material, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices, also known as “spyware,” “passive collection mechanisms” or “pcms;”, any materials for spamming or continuous posting of repetitive text, that has the potential to interfere, modify, impair, disrupt, alter, or interfere with another user’s experience with the platform or its features, functions, operations, or maintenance.
h. You will not engage in interfering with, disrupting, or creating an undue burden on the website, services, networks, and other connections.
i. Except as may be the result of standard search engine or internet browser usage, you are not allowed to use, launch, develop, or distribute any automated system, including without limitation, any crawlable spider, robot or bots, cheat utility, scraper, or offline reader that accessed the website or services, or using or launching any unauthorized script or other software.
j. You will not engage in any unauthorized use of the platform, such as collecting usernames, e-mail addresses, or personal names of users by electronic or other means to send unsolicited e-mails or create user accounts by automated means or under false pretenses.
k. You are prohibited from using the platform as part of any effort to compete with us or otherwise using the website, services, marks, content, data, or any part thereof for any revenue-generating endeavor, commercial purpose, or for personal benefit.
l. You will not use the platform and any of our services in a manner that is inconsistent with its intended use or against any United States federal laws, or any applicable laws in your jurisdiction.
m You will not misrepresent your gender in any way.
We actively monitor these conditions and investigate reports of any violation. Offenders will be banned or removed from the platform, and/or reported to law enforcement as necessary.
COPYRIGHT POLICY.
Intellectual Property Infringement.
It is our duty to respect the intellectual property rights of others. Therefore, it is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law. If you are an owner of any protected intellectual property that you feel is being used without your authorization, you must submit notice to us by any of the contact details mentioned herein and include a detailed description of the alleged infringement.
If any request is made, and it is determined that you are not the owner of the intellectual property or do not have the authority to act on the owner’s behalf, you may be held accountable for damages which may also include costs related to attorneys’ fees for such misrepresentation.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our company with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
a. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyrighted work;
b. A description of the copyrighted work that you claim has been infringed, including the URL(s) where the copyrighted work exists or a copy of the copyrighted work;
c. Your contact details including a personal name, address, phone number, and an e-mail address;
d. A statement that the copyright infringement is not authorized and that the request to remove the copyrighted work is in good faith; and
e. A statement by you, with language that includes “under penalty of perjury,” that the information included in the infringement removal is accurate.
All notices should be submitted to the attention of admin@temptasia.net.
Upon receipt of a copyright infringement notification, we will take whatever steps are required to remove the copyrighted content from the website or the services. Should there be a dispute regarding the complaint, our Complaints and Dispute Resolution Policy will be taken into consideration.
Content Depiction Claims
If you have been depicted in any content and would like to appeal the removal of such content, please notify us at admin@temptasia.net Should there be a dispute regarding our decision on your appeal, our Dispute Resolution policy will be followed.
SOCIAL MEDIA.
As part of the platform's functionality, you may be able to link and connect a social media profile with your account for sharing information, logging in, or for any other reason that is in accordance with the terms of this Agreement and the social media company’s terms of use (“social media profile”).
If connecting a social media profile with the platform, it is acknowledged that you may be required to disclose its login information or grant us access. Such disclosure or access is within the terms of use of the social media profile and that you understand that:
a. We may access, make available, and store (if applicable) any content that you have provided to and stored in your social media profile so that it is available on and through the platform via your account, including without limitation any contacts;
b. We may submit and receive data, which may include personal information, to your social media profile upon its connection to the platform;
c. That you have the ability, at any time, to disable the connection between the platform and the social media profile; and
d. That the relationship between you and your social media profile is governed solely by its terms of use and in no way does this Agreement amend your rights and responsibilities unless otherwise stated.
Due to the policies commonly mentioned in a social media company’s terms of use, we make no effort to review any content produced through the connection of a social media profile unless notified by other users, a 3rd party, or another event that triggers a review of the account.
THIRD (3RD) PARTY WEBSITE AND CONTENT.
Our platform may contain links to 3rd party websites or services that are not owned or controlled by us. Therefore, we assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts by 3rd parties. You acknowledge that if you are to be re-directed or forwarded to such 3rd party websites, you hold us harmless and free of liability for any action that should occur on such websites, which may or may not include damages, losses, or any other claims.
BILLING AND PAYMENTS
Registered Users are able to purchase and accumulate Tokens at any time. Such tokens are used in the Platform for sending tips or gratuity to Performers/Models, or for purchases of Performer/Model content for sale, and may not be used outside of the Platform. Token purchase on the Platform are paid in accordance with the terms below:
a. Forms of Payment. We accept payment through the methods offered at the time of purchase or when a balance is due. The provider and method of payment are determined by us, and we reserve the right, at any time, to reject payment for any reason.
b. Tipping. You are under no obligation to send tips or gratuity. All tips sent are considered final, and we reserve the right to determine to investigate or not, any complaints about tips sent to Performers/Models.
c. Off-Platform Payments. We strongly advise against conducting transactions and payments outside of the Platform. We are not responsible for any damages, loss, or costs of any kind which may be a consequence of your use payments outside of the Platform.
d. In-App Purchases. If the website’s services are offered on an Android, iOS, or other mobile application (“mobile app”), this Agreement also applies to payments made on the mobile app. In addition, payments made on the mobile app must also be in accordance with the terms of the mobile app platform or “store.”
e. Billing Errors. If you believe that you have been erroneously billed, please notify us immediately. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
f. Fraud. We reserve the right to manage, control, and modify Tokens as we may determine in our sole discretion, and we shall have no liability to you for the exercise of such rights. Tokens may not be transferred without our prior, explicit written authorization for such transfer. Accumulation of Tokens via fraudulent and illegal activities, such as hacking, are considered a serious offense and will be reported to law enforcement. If we believe of any activity based upon fraud, you will be responsible to us for the repayment of incurred charges and, in the event we determine to institute legal proceedings against you, you shall be liable for all costs of any collection efforts including legal fees.
g. Termination or Cancellation. You may be entitled for a refund of any or parts of unused Tokens upon cancellation or termination of your account, subject to applicable fees.
ADVERTISING.
In the event that we host, display, recommend, or link to websites or services in exchange for a fee (“advertisements”), it shall be known that such websites and services are often not known to us and are provided via advertisement networks based on user data. We do not own or control such advertisements and assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts. Our only affiliation with such advertisements is the payment per display, clicks, or any other monetary benefit in accordance with its terms and conditions or affiliate terms.
Any advertisements used are subject to the Digital Millennium Copyright Act (“DMCA”) policies. There will be no refund or compensation related to a DMCA takedown of said advertisements. Our relationship with advertisers begins and ends with us providing space for the placement of such advertisements.
SITE MANAGEMENT.
To ensure the best experience for all users of our platform, we reserve the right, in our sole discretion, to do the following:
To monitor our website, services, and any other content for violations by users of this Agreement;
To take appropriate actions against our users, including legal action, for those who may have violated this Agreement or have attempted to defraud or cause harm to other users;
To refuse, restrict, limit, disable, or remove any and all files and content which, due to excessive size limits or other properties, are burdensome to our systems or other users; and
To otherwise manage our platform in such a way as to protect our rights and property and to encourage the optimal running of said platform.
REVISIONS.
We may revise this Agreement at any time and in any manner. You agree to regularly review this Agreement and should you not agree to any new changes, you must immediately terminate your account and stop accessing the Platform. You agree that we may revise functionalities of the Platform at any time without notice.
PRIVACY POLICY.
Access to and use of our platform is conditional upon your acceptance of our privacy policy. Our privacy policy describes our rules and procedures on the collection, use, and disclosure of your personal information and details your privacy rights and how the law protects you and such data. It is recommended for all users to read to know their rights. Our privacy policy can be found at https://temptasia.com/page/privacy-policy.
We maintain the right to store certain data that you have transmitted by the use of the platform or any of our services. You are solely responsible for the data you transmit and how it relates to any activity you have undertaken when using the platform. Therefore, you agree that we have no liability to you for any loss, breach, or corruption of any data and hereby waive any right of action against us that may or may not arise from such loss, breach, or corruption.
GOVERNING LAW.
The laws governing the company’s jurisdiction mentioned herein shall govern this Agreement, including your use and access to the platform and services. Your use of this platform may be subject to other local, state, national, and international laws.
DISPUTE RESOLUTION.
Submit all complaints about the platform, its content, the legality of its contents, violation of the Standards, or any of the services offered by writing us at admin@temptasia.net
It is required to first attempt to resolve all complaints by formally contacting us. All reported complaints will be reviewed and action taken within seven business days.
Should there be any disputes to our decision regarding a complaint, parties agree to mediation and arbitration as per procedures of the United States Arbitration & Mediation. The parties agree to also meet and negotiate in good faith in order to resolve any disputes.
a. Mediation. If a dispute cannot be agreed upon by the parties, it shall be moved to mediation.
b. Arbitration. If the dispute cannot be agreed upon during the mediation period, then the dispute will be submitted to binding arbitration.
We maintain the right to bring proceedings regarding the substance of any dispute in the courts of the country where you or we reside.
Any cause of action or claim you may have must be commenced within 30 days after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
”AS-IS” DISCLAIMER.
It is recognized to you, that the platform, content, and its services are provided on an “as-is,” “where is,” and “as available” basis, including faults and defects without warranty.
To the maximum extent permitted under applicable law, the company, on its own behalf and those of its affiliates, licensors, and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the said platform and any services offered, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind, that the content or any services provided will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, devices, or services, including operating without interruption, or meet any performance or reliability standards or be error and bug-free from any defects that can or will be corrected.
Without limiting the foregoing, neither we nor any of our providers make any representation or warranty of any kind, express or limited, in regard to the following:
The operation or availability of the platform, or the information content, and materials or products included herein;
The platform being uninterrupted or bug-free;
The accuracy, reliability, or currency of any information or content provided through the platform; and
The platform, servers, content, or e-mails sent on behalf of our company is free of viruses, scripts, trojan horses, worms, malware, time-bombs, or any other harmful code.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. The exclusions and limitations outlined in this section will be applied to the greatest extent under applicable law.
INDEMNIFICATION.
You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any 3rd party due to or arising out of the following:
The platform’s content;
Use of the platform or any of our services;
Not able to use the platform or any of our services;
Any breach of this Agreement;
Any beach of representations and warranties set forth in this Agreement;
Any violation of the rights of a 3rd party, including but not limited to intellectual property rights; and
Any overt harmful act toward any other user of the platform.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We agree to use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES.
Except as explicitly stated otherwise, any notices sent to us must be sent to admin@temptasia.net. Any notices sent to you regarding any communication that must be sent in accordance with this Agreement will be sent to the e-mail registered to any account created on the platform.
If notice is required to be sent via standard mail for legal or other purposes, the mailing address in Section 1 of this Agreement should be used.
ELECTRONIC MEANS.
When accessing the platform, sending e-mails, online forms, esignatures, or any type or kind of electronic records or communication, you consent that all agreements, notices, disclosures, and other communications we provide to you in such manner satisfies any legal requirement that such communication should be in writing. You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
CALIFORNIA USERS.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in any of the methods below:
1625 North Market Blvd, Suite N 112,
Sacramento, California
95834
Telephone
(800) 952-5210
(916) 445-1254
UNITED STATES FEDERAL GOVERNMENT END-USER PROVISIONS.
If you are a user acting on behalf of the U.S. federal government, our website and its services are treated as a “commercial item” as defined under 48 C.F.R. § 2.101.
EUROPEAN UNION (EU) USERS.
If you are a European Union (EU) resident, consumer, or user, it is recognized that you are entitled to specific protections on how your personal information is collected. We, in our privacy policy, attempt to be in accordance with such rules and regulations.
MISCELLANEOUS.
This Agreement and any policies or operating rules posted by us, on the platform, or through any services or in respect to such constitute the entire Agreement and understanding between you, as a user, and us, as a company. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law in accordance with the jurisdiction where we are located and to the protections that you, as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of our liabilities, services, and obligations to another party at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by an event beyond our reasonable control.
If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or unenforceable, that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language.
It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us, the platform, or any of its services. You agree that this Agreement will not be construed against us by virtue of having drafted and published on the platform for your review. Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement and the lack of signing by any party hereto.
If this Agreement has been translated, you agree that its original English text shall prevail in the case of a dispute.