TERM & CONDITIONS
The following terms and conditions govern your use and access to The Black Alley (www.TheBlackAlley.com).
These Terms and Conditions also govern your membership to the Site if
you become a member. By accessing, using, printing or downloading any
material from any of the Site, or becoming a member to the Site, you
agree to be bound by these Terms and Conditions. If you do not agree to
be bound by these Terms and Conditions, you may not enter the Site, you
must exit the Site immediately and you may not use or access any of the
Site or print or download any materials from it. You may use and access
the Site only in accordance with these Terms and Conditions.
You are solely responsible for obtaining access to the Site
and that access may involve third party fees (such as Internet service
provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for
all equipment necessary to access the Site (i.e., computers, modems, and
software, including the most recent versions of Internet browsers,
applications, and plug-ins).
I. ADULT ENTERTAINMENT
The Site offer online entertainment services that may be
deemed adult in nature and which may contain graphic depictions and
descriptions of explicit sexual activity. You acknowledge that you are
aware of the nature of the content provided by the Site, that you are
not offended by such content and that you access the Site freely,
voluntarily and willingly.
II. AGE OF MAJORITY
You represent and warrant that you are at least 18 or 21 years
of age, depending on the age of majority in your jurisdiction, and that
you have the legal capacity to enter into this agreement. If you are
not at least 18 or 21 years of age, depending on the age of majority in
your jurisdiction, you must exit the Site immediately and may not use or
access the Site or print or download any Materials from them.
III. NO CHILD PORNOGRAPHY
You understand that all models appearing on the Site are, and
were at the time of all recorded images, at least 18 years of age, and
that the Site contain no child pornography. We take a strong and
definite stand against child pornography and only publish images of
consenting adults for consenting adults. If you see any images, real or
simulated, depicting minors engaged in sexual activity within the Site,
please report to Support@TheBlackAlley.com.
Include with your report any appropriate evidence, including the date
and time. All reports will immediately be investigated and the
appropriate action will be taken. We enthusiastically cooperate with any
law-enforcement agency investigating child pornography. If you suspect
other outside websites are participating in unlawful activities
involving minors, please report them to http://www.asacp.org.
IV. PROTECTED SPEECH
You further acknowledge that the Site contain only images
protected by the First Amendment to the United States Constitution.
If you are seeking obscenity or child pornography, please leave this Site immediately.
V. COPYRIGHT
All content included on the Site, such as all literary works,
text, pictorial and graphical works, photographs, video and audio clips,
motion pictures and other audio visual works, video games, music,
soundtracks, button icons, streaming data, animation, images,
compilations, .RAM files, .AVI files, .WMV files, or any other software
files (in object code or source code format) (collectively, "Materials")
is the property of The Black Alley or its content suppliers and is
protected by United States and international copyright laws. The
compilation of all content on the Site's the exclusive property of The
Black Alley and protected by United States and international copyright
laws.
VI. ACCESS TO SITES
Subject to these Terms and Conditions and in consideration of
your becoming a member to a Site, The Black Alley hereby grants you a
limited personal license to access the Site to which you have become a
member and the Materials contained therein. Provided that you are a
member in good standing to a Site, you may cache the Materials onto a
single computer for your personal, non-commercial internal use only. You
agree to prevent any unauthorized copying of any of the Site, or any of
the Materials contained therein. Any unauthorized use of a Site or any
of the Materials contained therein terminates this limited license
effective immediately. This is a license to use and access a Site for
its intended purpose and is not a transfer of title. Violators of this
limited license may be prosecuted to the fullest extent under law.
VII. RESTRICTIONS ON USE OF SITES
Without the express prior written authorization of The Black
Alley, you may not: (A) duplicate a Site or any of the Materials
contained therein (except as expressly provided above in Section VII);
(B) create derivative works based on a Site or any of the Materials
contained therein; (C) use the Site or any of the Materials contained
therein for any commercial purpose, or for any public display, public
performance; (D) sell, rent, lease, license, sublicense, transfer,
distribute, re-transmit, time-share or otherwise assign to any third
party the Materials or any of your rights to access and use the
Materials as granted in Section VII above; (E) remove any copyright or
other proprietary notices from the Site or any of the Materials
contained therein; (F) frame or utilize any framing techniques in
connection with the Site or any of the Materials contained therein; (G)
use any meta-tags or any other "hidden text" using The Black Alley's
name or marks; (H) link to any page of any of the Site (including the
homepage); (I) circumvent any encryption or other security tools used
anywhere on the Site (including the theft of user names and passwords,
or using another person's user name and password in order to gain access
to a restricted area of any of the Site); (J) use any data mining,
robots or similar data gathering and extraction tools on the Site; (K)
decompile, reverse engineer, or disassemble software Materials except
and only to the extent permitted by applicable law, (L) bookmark any
page of any Site beyond the membership log-in screen or (M) downloading
contents ( pictures, videos, html page etc. providing in members area of
the Site ) over then the Site limited policy
( 1,500MB per day ).
VIII. MEMBERSHIP
A. REGISTRATION
You may access the non-public portion of the Site only by
being a member in good standing to the Site. You may become a member of
the Site by completing an online registration form. Upon submission of
the online registration form, The Black Alley or its authorized agent
will process the application. In connection with completing the online
registration form, you agree to: (1) provide true, accurate, current and
complete information about yourself as prompted by the registration
form (such information being the "Registration Data") and (2) maintain
and promptly update the Registration Data to keep it true, accurate,
current and complete at all times while you are a member. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or The Black Alley or any of its authorized agents have reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, The Black Alley has the right to suspend or
terminate your account and refuse any and all current or future use of
the Site.
B. MEMBER ACCOUNT, PASSWORD AND SECURITY
As part of the registration process, you will select a unique
user name and password which you must provide in order to gain access to
the non-public portion of a Site. You represent and warrant that you
will not disclose to any other person your unique user name and password
and that you will not provide access to the Site to anyone who is below
the age of majority in your jurisdiction. You are solely responsible
for maintaining the confidentiality of your user name and password and
are fully responsible for all activities that occur under your user name
and password. You agree to (1) immediately notify The Black Alley of
any unauthorized use of your user name and password or any other breach
of security, and (2) ensure that you exit from your account at the end
of each session.
C. FEES
You agree to pay all membership fees when due. The Black Alley
posts the current membership fees as part of the registration process.
The Black Alley reserves the right to change membership fees at any
time, with or without prior notice to you. At the time of registration,
you must select a payment method. The Black Alley reserves the right to
contract with a third party to process all payments. Such third party
may impose additional terms and conditions governing payment processing.
Your account will be deemed past due if it is not paid in full by the
payment due date. If your account become past due, you agree to pay
interest on the past due amount at a monthly rate of 1.5%, or the
highest amount allowed by law, whichever is lower, compounded daily,
plus any additional collection costs, credits, charge backs and
attorneys fees. Your card issuer agreement may contain additional terms
with respect to your rights and liabilities as a card holder. You are
responsible for reimbursing The Black Alley for all credit card charge
backs, dishonored checks and any related charges.
D. BILLING ERRORS
If you believe that you have been erroneously billed, please
notify us immediately of such error. If we do not hear from you within
thirty (30) days after such billing error first appears on any account
statement, such fee will be deemed acceptable by you for all purposes,
including resolution of inquiries made by your credit card issuer.
E. REFUND POLICY
The Black Alley does not provide cash refunds. We do, however,
grant credits in the form of free monthly memberships to resolve
customer service issues. The billing system used by The Black Alley or
our authorized agents provides extensive credit card fraud protection
measures and our Sites include many features to protect users from
accidental charges. Therefore, refunds to your credit card will be
provided only under the rarest of circumstances such as persistent
technical problems originating with our equipment.
IX. TERMINATION
You may cancel your membership at any time by providing: (A)
our customer service department with a notice of your intent to cancel
the membership along with your user name and password; and (B) any
outstanding fees owed for your membership. Upon our processing of your
request to cancel your membership, you will no longer have access to the
non-public areas of the Site to which you were a member.
The Black Alley may terminate your access to a Site at any
time, with or without advance notice, if: (1) The Black Alley believes
that you have breached any material term of these Terms and Conditions,
(2) you fail to pay any amount due by the payment due date; or (3) The
Black Alley decides to cease operations or to otherwise discontinue any
of the Site. Further, you agree that neither The Black Alley nor any
third party acting on our behalf shall be liable to you for any
termination of your membership or access to any of the Site. You agree
that if your account is terminated by The Black Alley, you will not
attempt to re-register as a member without prior written consent from
The Black Alley.
X. DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF ANY OF THE SITE OR ANY OF THE
MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND
SOLE RISK. THE SITE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. The Black Alley
MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR ANY MATERIALS
CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES The Black Alley MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO
THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE OR
ANY OF THE MATERIALS CONTAINED THEREIN. YOU ALSO UNDERSTAND AND AGREE
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA. The Black Alley MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTION
ENTERED INTO THROUGH THE SITE AND IS NOT RESPONSIBLE FOR ANY USE OF
CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XI. LIMITATION OF LIABILITY
IN NO EVENT SHALL The Black Alley (OR ITS LICENSORS) BE LIABLE
TO YOU, OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS
OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS
AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT OR OTHERWISE, EVEN IF The Black Alley HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL The Black Alley'S TOTAL
LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY
PAID BY YOU FOR USE OF A SITE OR SITES FOR A PERIOD OF MORE THAN SIX (6)
MONTHS FROM THE ACCRUAL OF THE CAUSE OR CAUSES OF ACTION.
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