18 U.S.C. 2257 Exemption Statement
models, actors, actresses and other persons that appear in any visual portrayal
of actual sexually explicit conduct appearing or otherwise contained in this
Website (www.perfect10estore.com) were over the age of eighteen years at the
time the visual image was created. All
other visual depictions displayed on this Website are exempt from the provision
of 18 U.S.C. §2257, 2257A and/or 28 C.F.R. 75, because 1)
they do not portray conduct as specifically listed in 18 U.S.C section 2256
(2)(A) (i) through (iv), 2)
they do not portray conduct as specifically listed in 18 U.S.C. section 2257A, 3)
they do not portray conduct listed in 18 U.S.C. section 2256(2)(A)(v) produced
after July 27, 2006, or 4)
are otherwise exempt because the visual depictions were created prior to July
This website – www.perfect10estore.com (the “Site”) is being made available to you free-of-charge.
ENTERING THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Use of this site is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. The information and materials provided by PERFECT 10, INC. may be used for informational purposes only. By using, accessing or downloading materials from this Web site you agree to follow the terms and provisions as outlined in this notice, which apply to all visits to the PERFECT 10, INC. Site, both now and in the future. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT ENTER THE SITE.
The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “perfect10estore.com,” “Perfect 10,” “we,” “us,” and “our” refer to Perfect 10, Inc. together with its affiliates and subsidiaries. PERFECT 10, INC. may at anytime revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Perfect 10, Inc. own a copyright in or have a license to use the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with the prior written consent of True Intimate, Inc. or the prior written consent from such third party that may own the trademark or copyright of information displayed on the Site.
INTELLECTUAL PROPERTY INFRINGEMENT
Perfect 10, Inc. may rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, Perfect 10, Inc. is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact Perfect 10, Inc. promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Site. In order for Perfect 10, Inc. to investigate your claim of infringement, you must provide us with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on the Site;
4. Your name, address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
Perfect 10, Inc.
11803 Norfield Court
Los Angeles, CA 90077
By phone: (310) 476-9869
By fax (310) 476-8138
By e-mail: email@example.com
Perfect 10, trueintimates.com and other marks which may or may not be designated on the Site by a “™” “®” “SM” or other similar designation, are registered, pending or unregistered trademarks or service marks of Perfect 10, Inc., in the United States and other countries. Perfect 10, Inc.’s trademarks and service marks may be used only with the prior written consent from Perfect 10, Inc. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Perfect 10, Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Perfect 10, Inc.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Perfect 10, Inc. All other trademarks, brands, and names not owned by Perfect 10, Inc. that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Perfect 10, Inc. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Perfect 10, Inc. or any third party.
You may not download or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Perfect 10, Inc. or its Associates without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and regulations.
LINKS TO OTHER WEB SITES
As a convenience and to make the Perfect 10, Inc. site truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties. Perfect 10, Inc. is not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with Perfect 10, Inc. or the Site. Perfect 10, Inc. makes no representation for the availability of, or content located on or through, these third party sites. A third party link from the Perfect 10, Inc. Site is not an indication that Perfect 10, Inc. endorses the third party or its site, or has any affiliation with or between Perfect 10, Inc. and the third party hosting site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from Perfect 10, Inc., and Perfect 10, Inc. has no control over the content of that other website. In addition, a link to any other website does not imply that Perfect 10, Inc. endorses or accepts any responsibility for the content or use of such other website.
All comments, feedback, information or materials submitted to Perfect 10, Inc. through or in association with this Site shall be considered non-confidential and Perfect 10, Inc.'s property. By submitting such comments, information, feedback, or materials to Perfect 10, Inc., you agree to a no-charge assignment to Perfect 10, Inc. of worldwide rights to use, copy, modify, display and distribute the submissions. Perfect 10, Inc. may use such comments, information or materials in any way it chooses in an unrestricted basis.
Perfect 10, Inc. has attempted to provide accurate information and materials on this Site but assumes no responsibility for the accuracy and completeness of that information or materials. Perfect 10, Inc. may change the content of any information or materials available at this Site, or to the products described in them, at any time without notice. Perfect 10, Inc. makes no commitment to update the information or materials on this Site which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of Perfect 10, Inc. Neither Perfect 10, Inc., nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on Perfect 10, Inc.'s Site. Perfect 10, Inc. reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this Web site.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS SITE ARE PROVIDED ON AN “AS IS” “AS AVAILABVLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ACCURACY, INTEGRITY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE, OR THE PRODUCTS OR SERVIVES OFFERED FOR SALE ON THE SITE. PERFECT 10, INC. MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
PERFECT 10, INC. SPECIFICALLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PERFECT 10, INC. OR ITS ASSOCIATES SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO, VIEWING OF, BROWSING, VISITING OR USE OF THE SITE IS AT YOUR SOLE RISK.
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL PERFECT 10, INC. OR ITS ASSOCIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THE SITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PERFECT 10, INC. RECORDS, PROGRAMS OR SERVICES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION; OR AN ACTION IN EQUITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PERFECT 10, INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Although Perfect 10, Inc. may take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details. The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
YOUR USER CONTENT POSTED ON THE SITE
For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “User Content”), sent, transmitted, or uploaded by you on the Site, you agree to grant (i) us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms and Conditions, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user's personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms and Conditions, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive User Content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such User Content from the Site. We may disclose any User Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Perfect 10, Inc., its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of Perfect 10, Inc. or any third party. Notwithstanding the foregoing, neither Perfect 10, Inc. nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Perfect 10, Inc., nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
YOUR CONSENT FOR NOTICES WE SEND YOU
You agree that Perfect 10, Inc. have the right to send you certain information in connection with the Site. Perfect 10, Inc. may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site or with any subdivisions of the Site such as Community, etc. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
TERMINATION OF USAGE
Perfect 10, Inc. may, in its sole discretion, terminate or suspend your access to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or Perfect 10, Inc. In addition, we reserve the right to refuse an order from any customer in our sole discretion. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
USAGE BY MINORS
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because Perfect 10, Inc. cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from Perfect 10, Inc. or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading. We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
GOVERNING LAW; JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of California exclusive of its choice of law principles. The California courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of California, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Perfect 10, Inc. and/or its Associates.
If you access the Site from within the United States or Canada, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Los Angeles, California, USA, except that, to the extent you have in any manner violated or threatened to violate Perfect 10, Inc.'s intellectual property rights, Perfect 10, Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our policies listed below:
and all other policies posted on the Site, all of which are incorporated herein by this reference. These incorporated policies also govern your visit to the Site. Perfect 10, Inc. reserve the right to make changes to the Site, any incorporated policies, and these Terms and Conditions at any time.
RISK OF LOSS
All items purchased from Perfect 10, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and Perfect 10, Inc. concerning your use of the Site. If you have questions regarding our company’s Terms and Conditions, please email: firstname.lastname@example.org.