Terms and Conditions

Terms and Conditions

These Terms and Conditions apply to the sites: www.williamhiggins.com , www.czechguysnextdoor.com

These Terms and Conditions are effective from April 1st 2011.

 

Introduction

1. These Terms and Conditions are applicable in full to all visitors to the Site without exclusion or exception.

2. The Terms and Conditions may be amended, without notification, at the discretion of the company.

3. Entering the site denotes full acceptance of these Terms and Conditions. In the subsequent text the term `User Agreement` or `Agreement` refers to the acceptance of these Terms and Conditions in full by all site visitors.

 

Major Definitions

1. `Site provider` : this denotes www.williamhiggins.com., or it‘s designated representatives who control, manage, amend, update, or in any other way modify the site. Any future reference in the subsequent text to `We`, `Us` or `Our` denotes the site provider.

2. `User` : this denotes any visitor to, member of or customer of the site. Any reference in the subsequent text to `You` or `Your` also refers to the User.

3. `Site` or `Website`: this denotes reference to www.williamhiggins.com and www.czechguysnextdoor.com .

 

General Provisions

1. Should any User not understand certain provisions of this User Agreement it is your resposibility to contact the site provider to seek clarification or seek legal clarification from a recognised qualified attorney.

2. The site is for adults only. Accessing the site confirms that you are an `adult` as defined by your specific legal location and fully entitled to view the content, as defined subsequently, provided on the site. Regardless of any legal authorisation, we also confirm that your age must be no lower than 18 years to enter our site.

3. We confirm that all all content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.

4. Any User entering the site, either as a guest or member, is doing so for your own personal access. You are not allowed to access our site for the purpose of displaying our site to any other person.

5. We will cooperate fully with any law enforcement agency enquiry regarding any investigation into the actions of any User who may, or may not, have been displaying material obtained from our site to a `minor’ as legally defined at your location.

6. No User must access our site, regardless of legal age restrictions, if doing so violates any other laws applicable at your geographical location.

 

 

Content

1. Our site contains viewable and downloadable images, text, video, messages and links to other sites which in the subsequent text is collectively referred to as either `content` or `site content`.

2. All Users accept responsibility for viewing our content in the full knowledge that this content includes depictions of nudity and explicit sexual activity.

3. Our content is provided specifically for personal viewing by the User and accessing our site confirms that you choose to view this type of content for your own personal enjoyment.

 

Restrictions

1. All users agree that our site and the content provided therein is only to be used as we specify on the site itself.

 

1. Specific Restrictions:

• No User may copy or duplicate any content provided except as permitted by the site.

• No User may redistribute or use our content for any other purpose than personal viewing.

• Any copyright notices or other proprietary notices may not be removed from our content.

• No User must try to circumvent any encryption or other security tools used anywhere on the site.

• All Users agree that your use of a user name and/or password allocated for your site access will remain confidential and is not to be distributed to any third party.

 

1. Since our site is provided for exclusive personal, non-commercial enjoyment, access to our site is specifically prohibited to:

• Commercial competitors unless specific permission has been requested and granted.

• Any agent, representative, contractor, investigator, journalist or member of any other profession where the purpose of site access is not for your own personal enjoyment.

 

 

Services and Membership

1. Our website allows you access to content which may be viewed or downloaded as specified on the site.

2. The benefits of site membership are defined on the site.

3. Restrictions may apply to the quantity of content that may be downloaded within any specific time period. These are specified on the site and we retain the right to alter these, without prior notice, at our discretion. Any alterations or restrictions on downloaded availability will be specified on the site.

4. You will be charged for site membership as posted on the site at the time of registration of your membership.

5. You may cancel your membership voluntarily by following the procedures specified on the site.

6. In the event that we believe or suspect that a member has violated any of our terms and conditions, we retain the right to suspend or terminate that membership immediately, without notification. Additionally, we retain the right to terminate or suspend your membership when:

• we cannot verify the information you have supplied to us.

• we believe your action may cause a legal lability, either for you, for us or our other members.

• we decide, for whatever reason, to suspend, terminate or cease our operation of the site.

1. In the event that we terminate or suspend your membership or access to the site, you accept that either Cygnet Entertainment Ltd., nor any agent of the site provider, has any liability to you whatsoever.

2. In the event that we terminate or suspend your membership or access to the site, you agree that you will not try to rejoin nor try to regain access to the site without our prior approval.

3. You agree to take all possible steps to ensure the security of your user name and password.

4. You agree that in the event that your password security is breached then you are solely responsible for any subsequent damage or liability which may occur which is directly related to this breach.

5. You are hereby given notice that you are responsible for safeguarding your account information. Even in the event where you can supply convincing evidence of hacking, you still retain liability for any 3rd party use of your user name and password.

6. You agree that if your account is used to downloaded any content from our website which subsequently appears on any other site whatsoever, specifically any file sharing sites, then you will pay $20,000 in liquidated damages to us. In the event that the breach of security was caused by our security being compromised, and not your negligence, then you are not responsible for these liquidated damages.

 

Disclaimer and Indemnification

1. If any User uses our content or services in violation of any laws applicable, your right to access the site may be terminated or suspended immediately. We retain the right to cooperate voluntarily and fully with any law enforcement agency regarding any investigation by such an agency into the private and personal activities of any user. We also retain the right to cooperate fully with any aggrieved parties when we are legally compelled to do so. We hereby notify you that we disclaim any responsibility for the incorrect, inappropriate or illegal use of our content and in addition, you agree to defend, indemnify and hold us harmless for any liability which may arise from your actions.

2. You also agree to defend and indemnify Us should any third party be harmed by Your actions or should We be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party.

3. Our Website(s) contain material that may be offensive to third parties. You agree to indemnify and hold Us harmless from any liability that may arise from someone viewing such material and You agree to cease review of the Website(s)/Services should You find it offensive.

4. You agree to defend, indemnify, and hold harmless LMH, Our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your (or You under another person’s authority - including without limitation to governmental agencies) use, misuse, or inability to use the Website(s) or any of the Materials contained therein, or Your breach of any part of this Agreement. We shall promptly notify You by electronic mail of any such claim or suit, and cooperate fully (at Your expense) in the defence of such claim or suit. We reserve the right to participate in the defence of such claim or defence at Our own expense, and choose Our own legal counsel; however, We are not obligated to do so.

 

Intellectual Property Information

1. Cygnet Entertainment Ltd., and the aforementioned names of the Website(s) in Our Network are Our Service Mark(s) and/or Trademark(s). You may not register, use, or traffic in any domain name that is confusingly similar to Our registered or common law trademarks.

2. Other companies’ product and service names referenced on Our Website(s) may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.

3. Copyright – This Website belongs to Us, and We either own or have rights to display all of the materials thereupon. You may not use any of Our Content or Materials, without Our express written consent.

4. You agree that You will only use our Materials for your own personal use. You may display them on one computer or mobile device. However, you may never email them to another person, share them on any remote server of any kind, or place them on file locker site, a torrent site, a tube site, or any other site, service, or server of any other medium used for sharing content.

 

Limitation of Liability

1. In no event, shall We (or Our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Website(s) or any of the Materials contained therein, even if We have been advised of the probability of such damages. This is 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 We have been advised of the possibility of such damages.

2. In no event shall Our maximum total aggregate liability hereunder for direct damages exceed the total fees, actually paid by You, for use of one of Our Websites for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.

Complaint Policy

1. You agree that if You have any complaint about any content on Our Website(s), including (but not limited to) a complaint or claim of defamation (libel or slander), invasion of privacy, false light, trademark infringement, right of publicity claims, or any related or similar tort, that You will provide notice to Us by mail or fax to: Cygnet Entertainment Ltd at the address given above.

2. You agree that We shall have ten (10) business days after RECEIPT of said notice to evaluate Your concern(s).

3. After evaluating Your concern(s), We will either inform You that We do not believe Your concern is valid, or We will request Your preference regarding an opportunity to cure Your concern(s). This cure may include one of the following:

• We may offer to delete the offending material.

• We may offer to modify the offending material.

• We will engage You and seek any other alternative resolution that will mitigate Your damaged legal interests - whether or not We are legally required to do so.

1. You acknowledge and agree that upon transmission of Your complaint to us, You will be considered to have engaged in settlement discussions with Us, and neither party will initiate formal legal action while non-adversarial resolution is in progress. You agree that You will not file suit unless and until We issue a statement to You that We have taken Our final action, and that no further action will be taken without adversarial proceedings. At that point, You may proceed with arbitration as provided for under this Agreement.

2. You acknowledge that once You accept any of Our offers of non-adversarial resolution, that You irrevocably waive any and all possible claims for any allegedly offending material on Our Website(s) and that if You do bring any action against Us that You hereby stipulate that You will bear Your own costs and fees incurred in the action, regardless of the outcome of that action, and that You stipulate that Your damages will be limited to $1, and no more, and that You hereby acknowledge that such amount of $1 is sufficient and adequate.

3. You understand that no part of this Agreement obligates Us to go beyond that required by law, and this Agreement is in place for Your convenience. If We believe that Your requests are unreasonable, We reserve every right to terminate discussions with or file suit against You to recover any legal fees incurred due to harassing or unreasonable requests.

Other Provisions

1. Governing Law – This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of the Czech Republic, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes between the Parties must be, without exception, brought to court and litigated in the Czech Republic.

• All parties to this Agreement agree that all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be tried and/or litigated exclusively in the state and federal courts located in the Czech Republic.

• The parties agree to exclusive jurisdiction in, and only in the Czech Republic.

• The parties agree to exclusive venue in, and only in Czech Republic. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.

• All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.

• All parties stipulate that the courts located in Prague, Czech Republic shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby.

• Each party hereby authorizes and accepts services of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.

• Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.

 

1. Assignment – The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.

2. Severability – If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.

3. Attorneys’ Fees – In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, all parties shall bear their own costs and fees.

4. No Waiver – No waiver or action made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

5. Headings – All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

6. Complete Agreement – This Agreement constitutes the entire Agreement between the parties with respect to Your access and use of the Website(s) and the Materials contained therein, and Your Membership with the Website(s), and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.

7. Other Jurisdictions – We make no representation that Our Website(s) or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access Our Website(s) from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.

8. Service - In order to relieve themselves of the cost, hassle, and inconvenience of traditional service of process, the parties hereby stipulate that either party may serve the other with a complaint and summons by mail, Fed-ex, UPS, or by email. The parties both hereby waive their right to traditional process-server delivered complaints and summons. With respect to e-mail service: both parties agree that email shall be sufficient service of process if the e-mail is sent to the e-mail address on record provided by You when initiating Your membership. Personal, physical, or mail service is not required. This stipulation to receive e-mail service extends to any disputes between the parties, whether they are relevant to this Agreement or not.

 

Stipulated liquidated damages

1. In various provisions in this Agreement, We have outlined liquidated damages amounts to be applied as penalties against You if You violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, You acknowledge that this amount is not a penalty and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.

2. For any breach of a portion of this Agreement that does not specifically state a liquidated damages amount, You hereby agree that any breach of this Agreement shall result in liquidated damages of $5,000.00 per occurrence. You specifically agree to pay this $5,000.00 in liquidated damages.

3. For any breach of this Agreement resulting in liquidated damages owed by You, You specifically agree and We expressly reserve the right to assign Our rights to these liquidated damages to a third party.

4. If We are required to enlist the assistance of an Attorney or other person to collect any liquidated damages or any other amount of money from You, or if We are required to seek the assistance of an Attorney to pursue injunctive relief against You, then You additionally agree that You will reimburse Us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from You. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that You will pay all of these fees and costs.