TERMS AND CONDITIONS OF USE
You must read and agree to these Terms and Conditions of Use (the “Terms” or the “Agreement”) before you can become an active member of TNABoard.com. By registering as a Member to TNABoard.com and , (collectively “Website”), you become a subscriber and agree to be bound by these Terms.
1. Description of Service
Website provides you with access to a variety of resources, including, visual images, verbal descriptions of a sexually oriented nature, graphic visual depictions and descriptions of nudity and sexual activity, links to third party Website, various communication tools; message boards and review boards through its Website (collectively the “Service”). You understand that the Service is provided “AS-IS” and the Website expressly disclaims any and all warranties, express, implied or statutory, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose with respect to the Service and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. In no event shall the Website be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service. Website does not warrant that the functions contained in the Service will be uninterrupted or error-free, that defects will be corrected, or that Website or Website Server that makes Website available are free of viruses or other harmful components. Website does not warrant or make any representations regarding the use or the results of the use of the service. The Website assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
2. Age Requirement
The Website is designed and intended solely for consenting adults. You must be at least eighteen (18) years old (twenty-one [21] in AL, MS, NE, WY, and any other location where eighteen (18) is not the age of majority) and interested in and wish to have access to visual images, verbal descriptions of a sexually oriented nature. The content which is available within the Website includes graphic visual depictions and descriptions of nudity and sexual activity and you should not access or subscribe to Website if you are younger than eighteen (18) years old [twenty-one (21) in AL, MS, NE, WY, and any other location where eighteen (18) is not the age of majority] or if you are offended by such Content or if you do not wish to be exposed to such Content.
3. Modifications
The Website may, in its sole discretion, modify or revise these Terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.
4. Sexually Explicit Content
a. The Website is an ADULT entertainment Website that contains explicit visual, and/or textual depictions of nudity and sexual activities, including without limitation, heterosexual, bi-sexual, homosexual, and transsexual activities of an explicit sexual nature and other content (collectively “Content”).
b. The Content is for entertainment purposes only.
c. The Content is intended for distribution exclusively to consenting adults in locations where such Content does not violate any community standards or any applicable federal, state or local law or regulation of the United States of America, or of any individual jurisdiction within the United States Of America, or any other country. No Content from any part of the Website may be downloaded if you are located in the following areas: Alabama, Florida, except Ft. Lauderdale, Miami, and St. Petersburg, Georgia, except Atlanta, Kansas, except Kansas City, Kentucky, Minnesota, Missouri, Mississippi, North Carolina, Ohio, except Cleveland and Cincinnati, Pennsylvania, except Philadelphia and Pittsburgh, South Carolina, Tennessee, except for Nashville, Utah, Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates, or any other place in which to do so would constitute a violation of any law, regulation, rule or custom. Any and all unauthorized downloading of Content from Website shall constitute intentional infringement of Website Terms.
d. You hereby acknowledge that Content includes explicit depictions of heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature, that you are familiar with Content of this kind, and that you are not offended by such Content.
e. You understand that in compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons who appear in any visual depiction of sexually explicit conduct appearing or otherwise contained in or at the Website were over the age of eighteen years at the time of the creation of such depictions. Records required to be maintained pursuant to U.S.C. Title 18, Section 2257 are kept by the custodian of records.
f. The textual depictions of nudity and sexual activities are fictitious stories and for entertainment purposes only.
5. Website Boards
By posting any Content including text, communications, software, images, sound, data, reviews, messages or other information, in or otherwise using any communications service, message/bulletin board, discussion forums, newsgroups, chat areas, review boards, or any other interactive service that may be available to you on Website (collectively the “Website Boards”) or through Website, you agree that you will not upload, post, or other wise distribute or facilitate distribution of any Content that:
a. is unlawful, profane, abusive, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or tortuous.
b. defame, victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability
c. infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the “Rights” or have the permission of the owner to post or transmit such Content
d. contain software viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party
e. solicit, advertise or offer to sell any goods or services for any commercial purpose. Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Communities intended for such uses you know or reasonably should know, cannot be legally distributed in such a manner
f. impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other Content contained in a file that is posted
g. restrict or inhibit any other user from using and enjoying the Website. Post multiple reviews or comments for the same individual.
The Website reserves the right to monitor some, all, or no areas of Website for adherence to these Rules or other rules that may be published from time to time. You acknowledge that Website is acting as a passive conduit for such distribution and Website is not undertaking any obligation or liability relating to any content or activities in the Website. As such, the Website acts merely as a forum for the expression of ideas, thoughts, and information.
The Website does not endorse the Content placed on Website Boards. The Website is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory Content that is contained herein. The Website is also not responsible for any Content that violates a community’s norms or mores. The Website expects and demands that you comply with all federal, state, and local laws when using the Website and when submitting or posting Content to the Website and refrain from violating those laws. If you are unsure whether or not Content will violate a law, you are urged to contact the Electronic Freedom Foundation or an attorney prior to posting the Content. The Website cannot enforce the laws of each locality, state, and even federal laws for all Content that is posted to this site. As such, the Website is not responsible for the Content of the Website. You acknowledge that any and all Content submitted may be displayed by the Website.
The Website administrators reserve the right (but not the obligation) in their sole discretion to refuse, delete, move or edit any and all Content that it deems are in violation of the law (including trademark and copyright law), or this User Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any content be it Content created by Website or Content publicly posted or privately transmitted to Website. You are responsible for all Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Service.
6. Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Website have no control over such sites and resources, you acknowledge and agree that Website is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Website shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, or Service available on or through Website or resource.
7. Non-Assignability/Theft of Login
You may not assign or transfer your membership, username and password (login), to any other person or entity. You must promptly inform Website of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Until Website is notified, by e-mail, or by telephone, of any breach in security, you will remain personally liable for any unauthorized use of the Service. You are and shall be personally liable for, and shall defend, indemnify and hold harmless Website and the Website owner from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys’ fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by you or with or under the authority of any other including governmental agency.
8. Membership Cancellation
Subscription to the Service may be terminated at any time, and without cause, by either Website or the User upon notification of the other by electronic or conventional mail, or by telephone, fax or filling out the cancellation request form. When termination is requested by the User, subscription fees are NOT refunded. The User is liable for charges incurred until termination of Service. The cancellation of the Service does not require the deletion of the Content posted by the User. A User should not post Content they do not want shared as this is a public forum. At any time the Administration may choose to ban a User or remove editing abilities of one or all Users.
9. Termination
You agree that Website, in its sole discretion, may terminate your password, use of the Service or use of any other Website service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Website believes that you have violated or acted inconsistently with the Terms. Website may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the Terms may be effected without prior notice. Further, you agree that Website shall not be liable to you or any third-party for any termination of your access to the Service.
10. Responsibility For Minors
In the event, that you authorized a minor to use the Service of Website, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Service; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT THE WEBSITE CONTAINS CONTENT THAT IS INAPPROPRIATE FOR MINORS.
11. Disclaimer of Warranties
The Website and Service are provided “as is,” with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Website disclaims any warranties for the security, reliability, timeliness, and performance of the services. To the fullest extent permitted by law, Website disclaims any warranties for other services or goods received through or advertised on the Service or received through any links provided in the Website and Service, as well as for any information or advice received through the Services or through any links provided in the Service. Website similarly disclaims, to the fullest extent permitted by law, any warranties for any information or advice obtained through the Service. You expressly understand and agree that Website disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Content in the Services. Website disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or Content. Website disclaim any responsibility or liability for any harm resulting from downloading or accessing any information or Content through the Service, including, without limitation, for harm caused by viruses or similar contamination or destructive features. You understand and agree that any Content downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results in the download of such Content. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12. Limitation of Liability
You expressly understand and agree that under no circumstances shall Website be liable to you on account of your use or misuse of and reliance on the Service. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Website have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Service, from inability to use the Service, or from the interruption, suspension, or termination of the services (including such damages incurred by third parties). Such limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Service or received through any links provided in the Service, as well as by reason of any information or advice received through or advertised on the Service or received through any links provided in the Service. Such limitation shall apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall apply with respect to the performance or non-performance of the Service or any information or merchandise that appears on, or is linked or related in any way to, the Website network. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Such limitation shall apply to the fullest extent permitted by law. Under no circumstances shall Website be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
13. Indemnity You agree to indemnify and hold Website, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
14. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
15. Sponsors
The sponsors of the Website are separate legal entities and are not related to the Website. The sponsors are not responsible for your actions, postings, statements, or other activity. You shall hold harmless and indemnify the sponsors of the Website from any lawsuit, dispute, or other legal action should the lawsuit, dispute or other legal action result out of your actions, postings, statements, or other activity.
16. Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content (including Software) to countries or persons prohibited under the export control laws. By downloading the Content (including Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
17. Jurisdictional Issue
This agreement shall be governed by, construed and enforced in accordance with the laws of the Netherlands, as it is applied to agreements entered into and to be performed entirely within such Country. Any action you bring to enforce this agreement or any matters related to this site shall be brought in the Courts located in Amsterdam, Netherlands. If any provision of this agreement shall be unlawful, void, or for any reason un-enforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by TNABoard.com.