Terms and Conditions
Terms of Service AgreementLast Updated: MONTH DAY, YEAR
Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. Age Restriction: Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Operator forbids all persons who do not meet these age requirements from accessing the Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Operator provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP. Notice of Explicit Content: The Website contains content that you may find offensive, indecent, or objectionable, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature. This content may or may not be identified as having attributes that you may find offensive. You acknowledge that you use the Website at your own risk, and the Operator has no liability to you for any content you view. Content categories, tags, types, genres, and descriptions are provided by users, and the Operator does not guarantee their accuracy.
1. Acceptance of Agreement. This is an agreement between Blue Umbrella LLC (the “Operator”), the owner and operator of KendraJames.com (the “Site”), and you, a user of the Site. By using Site you agree to this agreement. If you choose to not agree with this agreement, you must not use the Site. 2. Changes to Agreement
2.1 Right to Change Agreement. The Operator may change this agreement (the “Updated Agreement”) on one or more occasions. 2.2Notice of Updated Agreement. Unless the Operator makes a change for legal or administrative reasons, the Operator will provide reasonable notice before the Updated Agreement becomes effective. You acknowledge that the Operator may notify you of the Updated Agreement by posting it on the Site. 2.3 Acceptance of Updated Agreement. Your use of the Site after the effective date of the Updated Agreement constitutes your agreement to the Updated Agreement. You should review this agreement and any Updated Agreement before using the Site. 2.4 Effective Date of Updated Agreement. The Updated Agreement will be effective as of the time of posting, or any later date as may be stated in the Updated Agreement, and will apply to your use of the Site from that point forward, except that changes will not apply to continuing disputes or disputes arising out of or relating to events happening before the effective date of the Updated Agreement.3. Use of Site
3.1 License. During this agreement, the Operator hereby grants you a nonexclusive, nontransferable license to access the Site for your use in accordance with this agreement. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site. 3.2 Intellectual Property Rights. The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Operator, its licensors, or other provides of the material and are protected by USA and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 3.3 Trademarks. The Operator’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Operator or its affiliates or licensors. You will not use these marks without the Operator’s written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners. 3.4 User Conduct You will not engage in any of the following prohibited activities:
(a) copying, distributing, or disclosing any part of the Site in any medium, including by any automated or nonautomated “scraping;” (b) using any automated system, including “robots,” “spiders,” “offline readers,” etc., to access the Site; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, comprise the system integrity or security, or decipher any transmissions to or from the servers running the Site; (e) taking any action that imposes, or may impose at the Operator’s sole discretion an unreasonable or disproportionately large load on the Site infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Site; (g) collecting or harvesting any personally identifiable information, including account names, from the Site; (h) using the Site for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the proper working of the Site; (k) accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or (l) bypassing the measures the Operator may use to prevent or restrict access to the Site, including features that prevent or restrict use or copying of any content or enforce limitations on use of the service or the content in it.4. Your Account
4.1 Account Creation. You must complete the registration process by providing the Operator with accurate information as prompted by the applicable registration form. You also will choose a password and a username. 4.2 Responsibility for Account. You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify the Operator of any unauthorized use of your account or any other breach of security. 4.3 Liability for Account Misuse. The Operator will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Operator or another person due to someone else using your account or password. 4.4 Use of Other Accounts. You will not use anyone else’s account at any time, without the permission of the account holder. 4.5 Account Security. The Operator cares about the integrity and security of your personal information. But the Operator cannot guarantee that unauthorized persons will never be able to defeat the Site’s security measures or use any personal information you provide to the Operator for improper purposes. You acknowledge that you provide your personal information to the Operator at your own risk.5. Paid Services
9.1 Termination on Notice. Either party may terminate this agreement at any time by notifying the other party in writing. 9.2 Termination by the Operator. The Operator may terminate or suspend your access to or ability to use the Site immediately, without notice or liability, for any reason or no reason, including breach of this agreement. 9.3 Effect of Termination. On termination of your access to or ability to use the Site, your right to use or access the Site will immediately end. Termination of your access to and use of the Site will not relieve you of any obligations arising or accruing before termination or limit any liability you otherwise may have to the Operator or any third party. 9.4 Survival of Provisions. This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.10. Disclaimers. The Site is provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, the Operator disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, freedom from errors, suitability of content, or availability. No advice or information, whether oral or written, obtained from the Operator, the Site, or elsewhere will create any warranty not expressly stated in this agreement. 11. Limitation of Liability. To the fullest extent permitted by applicable law in no event will the Operator be liable for:
11.1 any direct, special, indirect, or consequential damages; or 11.2 any other damages of any kind, including loss of use, loss of profits or loss of data, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including any damages caused by or resulting from reliance by user on any information obtained from the Site, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance.12. Indemnification. You will defend, indemnify, and hold harmless the Operator, its subsidiaries, and affiliated companies, and their officers, directors, employees, contractors, and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Operator may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Operator and you will assist and cooperate with the Operator in the defense or settlement of these matters. 13. Arbitration
13.1 Claim Procedure. For any dispute you have with the Operator, you will first contact the Operator and attempt to resolve the dispute informally. If the Operator has not been able to resolve the dispute with you informally, the parties will resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA, except as provided in this agreement. 13.2 Arbitration Location. Unless you and the Operator agree otherwise, the arbitration will be conducted in Fort Lauderdale, FL Broward County Where Arbitration Will Be Held. 13.3 Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. 13.4 Arbitration Award. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 13.5 Injunctive Relief. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the service. 13.6 Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Operator agrees otherwise, the arbitrator will not consolidate more than one person’s claims. 13.7 Jury Trial Waiver. By entering into this agreement, you and the Operator are each waiving the right to a trial by jury or to participate in a class action.14. Governing Law. Governing Law Jurisdiction Fort Lauderdale, FL Broward County law, without giving effect to its principles of conflicts of law, governs all adversarial proceedings arising out of this agreement or arising out of your use of the Site. 15. No Child Pornography. Any actual human beings depicted in images or videos appearing on the website located at KendraJames.com were at least 18-years old at the time those images or videos were produced. We only publish images of consenting adults. If you see any images, real or simulated, depicting minors engaged in sexual activity within the Website, please report it to firstname.lastname@example.org immediately. All reports will be investigated and appropriate action will be taken along with cooperation with any law-enforcement agency investigation of child pornography. If you encounter unlawful activities involving minors on other Websites than this one, please report them to ASACP. 16. Billing. Billing is provided by the management company and merchant of record, Andomark LLC: Transactions will appear on statements as SEGPAY.COM*Andomark.com. For billing inquiries, or to cancel a recurring purchase, please visit: Self-Service Website https://cs.segpay.com Email email@example.com Chat https://chat.segpay.com US Phone +1 866-450-4000 Direct Phone: +1 954-414-1610 17. Feedback. The Operator welcomes any comment, question, and communication at firstname.lastname@example.org.