S&T WebDesigns/SexyMercedes TERMS OF SERVICE (TOS)
IMPORTANT! PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. These Terms of Service constitute a legal agreement between you and S&T WebDesigns and spell out the terms and conditions to which users of SexyMercedes are expected to adhere to. Please read this entire form carefully before proceeding to SexyMercedes.com. By using this website, you agree to be bound by the terms set forth here, as well as any supplemental terms of this website, all of which are hereby incorporated by reference into these Terms of Service (collectively referred to as the "Agreement"). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not use this website. We reserve the right to amend these Terms of Service at any time and will post the amended Terms of Service here.
These Terms of Service apply to S&T WebDesigns (collectively, referred to herein as "S&T", "we", or "us", "Mercedes", "SexyMercedes", "WildPlayGirls") and any other site at which these Terms of Service appear.
1. S&T / SEXYMERCEDES CONTENT AND USER SUBMISSIONS
1. The contents of SEXYMERCEDES Internet service ("The Service"), including all Sites owned by SexyMercedes and S&T WebDesigns, are intended for the personal, noncommercial use of its users. All materials published on the Sites (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content") are protected by copyright, and all other applicable intellectual property laws, and are owned or controlled by S&T WebDesigns / SEXYMERCEDES or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
2. The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, Software, Materials, Sites or Service in whole or in part.
3. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from S&T WebDesigns/SexyMercedes, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted.
4. You agree that any information, feedback, questions, comments and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with any Site or our Service ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
2. FORUMS AND DISCUSSIONS
1. This Site makes available Chat Roms, Message Boards, and/or News Groups to its users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within the Site and the Services available therein are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. S&T WebDesigns/SexyMercedes does not endorse the opinions placed on these Public Forums. You acknowledge that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be reproduced, published, transmitted and displayed by S&T WebDesigns/SexyMercedes in any manner, pursuant to Section 1.4, above.
2. The Public Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of S&T WebDesigns/SexyMercedes, use the Public Forums to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services that are competitive with S&T WebDesigns/SexyMercedes and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type.
3. While we do not and cannot review every message posted by users in the Public Forums and are not responsible for the content of any of these messages, S&T WebDesigns/SexyMercedes reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.
4. ACCESS, COMPATIBILITY AND AVAILABILITY OF SERVICES AND LINKS
1. The Sites may contain links to other related World Wide Web Internet sites, resources and sponsors of S&T WebDesigns/SexyMercedes. Selection of an ad banner or link will redirect you off of a S&T WebDesigns/SexyMercedes Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of SexyMercedes. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. SexyMercedes does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site. This includes but not limited to AmateurCamz, Camz and PrivateCamz..
2. This website is hosted on state-of-the art servers that rarely experience downtime, however, on rare occasions, the servers may be temporarily inaccessible due to maintenance or technical difficulties. S7T WebDesigns/SexyMercedes cannot guarantee or warranty that there will not be periods of inaccessibility or downtime. Said occurrences are NOT grounds for refund.
3. S&T WebDesigns/SexyMercedes website may share a common members area if noted in the tour. Sites including but not limited to Camz, AmateurCamz, PrivateCamz, JeanSwing contain content of the aforementioned sites in the members area of SexyMercedes. Furthermore, all sites are not available in all areas. For privacy reasons some girls have elected to block access to certain areas for privacy reasons. S&T WebDesigns/SexyMercedes will NOT grant refunds because of no access to a "bonus site(s)".
4. S&T WebDesigns/SexyMercedes websites are designed to be compatible with a modern Windows Personal Computer. Our primary movie format is Windows Media Video (wmv) and Flash (FLV). Macintosh and other operating systems may or may not be compatible. It is your responsibility to determine if you can play the WMV and FLASH format. Refunds will NOT be issued because of technical issues with a non Windows Operating System. Note* Windows Media Player has Macintosh version available at their website.
5. REPRESENTATIONS AND WARRANTIES
1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or S&T WebDesigns/SexyMercedes use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered at S&T WebDesigns/SexyMercedes.com.
2. You hereby indemnify, defend and hold S&T WebDesigns/SexyMercedes and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. S&T WebDesigns/SexyMercedes reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of S&T WebDesigns/SexyMercedes without S&T WebDesigns/SexyMercedes' prior written approval.
3. S&T WebDesigns/SexyMercedes neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites or the Service by any user, information provider or any other person or entity. THE SITES, THE SERVICE AND ANY MATERIALS PROVIDED BY S&T WEBDESIGNS/SEXYMERCEDES OR THIRD PARTIES THROUGH ANY OF THE SITES AND THE SERVICES ARE PROVIDED "AS IS." S&T WEBDESIGNS/SEXYMERCEDES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH ANY OF THE SITES OR THE SERVICE. S&T WEBDESIGNS/SEXYMERCEDES DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF ANY OF THE SITES OR THE SERVICES AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE.
4. You hereby acknowledge that the use of any Site and the Services available thereon is at your sole risk.
6. LIMITATION OF LIABILITY
1. NEITHER S&T WEBDESIGNS/SEXYMERCEDES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY S&T WEBDESIGNS/SEXYMERCEDES OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF S&T WEBDESIGNS/SEXYMERCEDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
7. SYSTEM INTEGRITY
1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.
8. TERMINATION
1. S&T WebDesigns/SexyMercedes may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
2. S&T WebDesigns/SexyMercedes, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any SexyMercedes event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any S&T WebDesigns/SexyMercedes employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a S&T WebDesigns/SexyMercedes employee or other individual.
3. Should you elect to purchase access to the members area of this website, your purchase is limited to the ability of one person (yourself) to access the members area and that right of access may not be shared with any third person who has not him or herself purchased their own membership. This "single user provision" prohibits the sharing of passwords, the posting of passwords to passwords to forums of any kind, and/or any other means of transmitting or communicating the password to any other person. Any violation of this provision will result in immediate termination of your ability to access this website, with NO refund. The purchase of a membership to this site results in the grant of a limited license for a single person to view the contents of this site for his/her own viewing pleasure. The downloading of the contents of this site is not permitted by said license. NO Downloading, Copying, Printing, Alteration Of, or Compiling Of The Contents of this website is permitted and permission to do the same is not conveyed through the purchase of a membership. Violation of this term will result in immediate termination of membership with NO refund.
9. PRIVACY
1. S&T WebDesigns/SexyMercedes' primary method of accepting membership sales is done via a third party sales agent, CCBill. Information collected by CCBill is subject to their terms and conditions located on their sign up form.
2. S&T WebDesigns/SexyMercedes' alternate signup method is done by TicketsClub and NiteFlirt. All information obtained is used solely by TicketsClub and NiteFlirt for the sole purpose of processing the sale. S&T WebDesigns/SexyMercedes does not sell or give any information, including email addresses to any third party.
10. MISCELLANEOUS
1. These Terms of Service have been made in and shall be construed and enforced in accordance with Pennsylvania law without regard to any conflict of law provisions. S&T WebDesigns/SexyMercedes makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Pennsylvania.
2. Official correspondence must be sent via E-Mail to:
Mercedes@sexymercedes.com
3. These Terms of Service in this Agreement constitute the entire agreement between you and S&T WebDesigns/SexyMercedes with respect to your access and use of the Sites and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and S&T WebDesigns/SexyMercedes with respect to the Sites or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. S&T WebDesigns/SexyMercedes may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of S&T WebDesigns/SexyMercedes or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.
4. PROHIBTED ACTIONS: We do NOT allow the following to appear on S&T WebDesigns/SexyMercedes: Anything that involves minors, Beastiality, this includes depicting or describing sex with animals, Scat, depicting or displaying human feces, Rape or forced sexual activity or cutting off airflow.
Terms of Service in this Agreement constitute the entire agreement between you and S&T WebDesigns/SexyMercedes with respect to your access and use of the Sites and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and S&T WebDesigns/SexyMercedes with respect to the Sites or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. S&T WebDesigns/SexyMercedes may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of S&T WebDesigns/SexyMercedes or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites.
Last Modified On: January 03, 2010 |
