Terms of Service
Rosedale Entertainment
Introduction
Please read these terms of service carefully as this document is a binding legal agreement (the "Agreement") between you and Rosedale Entertainment (the "Company").
GENERAL AGREEMENT
Age Restriction. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE SITE (AS DEFINED BELOW), SUBSCRIBE TO THE SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE SITE. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY AT LEAST EIGHTEEN (18) YEARS OLD, THE AGE OF MAJORITY IN YOUR COMMUNITY, AND ARE CAPABLE OF LAWFULLY ENTERING INTO THE AGREEMENT.
Binding Agreement. The Agreement spells out the terms and conditions to which you and all users of this site (the "Site") are expected to adhere. By purchasing a 30-day, 90-day, or 180-day Membership (as in section VI. below) or by accessing or using the Site in any manner, you acknowledge that you have read the Agreement, understand the Agreement, and agree to be bound by its terms. If you do not agree to be bound by the terms of the Agreement, you must leave the Site immediately.
Effect of Membership Purchase. In the event that you purchase a 30-day, 90-day or 180-day Membership, you may be asked to enter your credit card information and certain other information. By providing this information and selecting "Complete this transaction" you agree to become a subscriber to the Site and, subject to the terms and conditions set forth in this Agreement, the Company agrees to provide you with the privileges of a membership to the Site then afforded to a subscriber in good standing (the "Service").
Changes to Service. The Company is continually testing, modifying and changing the Site and Service, including without limitation service levels, the Content, delivery methods and availability of portions of the Content, membership models and plans, and pricing. By using the Site and Service, and entering into this Agreement, you agree that the Company may change, suspend, discontinue, and/or limit your access to any portion of the Site and/or Service, including without limitation, the availability of any feature, database, or Content (as defined below) at any time without notice or liability to the Company. The particular content available in your membership may differ from the Content available in your past or future memberships or in other users’ memberships.
Amendments to the Agreement. The Company may change, add, or remove portions of the Agreement at any time. Changes are effective upon notice to you by posting, or made available as a hyperlink on the Site. Your continued use of the Service will indicate your acceptance of such changes. If future changes to the Agreement are unacceptable to you, or cause you to no longer be in compliance, you may cancel your membership by providing the Company notice pursuant to section VIII.4. below, and subject to the terms and conditions of the Agreement. From time to time, the Company may ask you to expressly accept the changed terms of service to continue using the Site and/or Service.
SITE CONTENT
Nature of Content. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE MATERIALS PUBLISHED, BROADCAST, CONTAINED, AND/OR DOWNLOADABLE ON THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, VIDEOS, STILL PHOTOGRAPHS, LIVE BROADCASTS, AUDIO CLIPS, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, SOFTWARE, LOGOS, ICONS AND ANY OTHER PROPRIETARY CONTENT (COLLECTIVELY, THE "CONTENT") INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN, AND/OR TRANSSEXUAL SITUATIONS AND THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.
Content Warning. Some of the Content offered through the Site is virtual reality motion pictures (“VR”). You must read and agree to abide by the following warnings before using VR. Please also review and adhere to the instructions and any warnings for the device(s) that you use to view VR.
Due to the nature of VR, the Company strongly recommends that certain individuals consult a physician prior to using VR, including without limitation individuals that are elderly, pregnant, and / or suffer from a heart condition, vision abnormalities, psychiatric disorders and / or other serious medical conditions.
It is safest to view VR while seated. Please take notice of your surroundings before viewing VR, as elements of your surroundings can be dangerous. You should avoid the following when viewing or shortly after viewing VR: roads, stairs, balconies, windows, furniture, people, animals, electronics, objects or other items which you could bump into, fall over, fall through or cut yourself on. Do not view VR while engaging in other activities such as walking, biking, dancing, driving or handling dangerous items.
You agree not to view VR if you are tired, sick or not feeling well, suffer from a headache, flu, cold migraine or earache or are under the influence of intoxicants or are hung-over. You agree not to view VR if you are in a moving vehicle, as it could increase the likelihood that you suffer from the symptoms identified herein or other adverse symptoms.
Prolonged viewing of VR should be avoided as it may have negative impacts on hand-eye coordination, balance and certain other abilities. Always cease viewing VR and remove your headset before doing anything that requires attention or coordination.
In the event that you lose awareness of your surroundings, being to experience seizures, eye twitches, blurred or abnormal vision, impaired balance, hand-eye coordination or nausea, increased sweating, motion sickness, pain, fatigue, dizziness, disorientation or drowsiness you should stop viewing VR immediately and consult a physician before resuming viewing of VR.
Do not view VR for periods in excess of thirty (30) minute intervals without taking a break of at least ten (10) to fifteen (15) minutes. If you feel discomfort, you should take a longer break.
If you elect to view VR in connection with any other external device, please do so with caution. Please consult the instructions and heed any warnings regarding those devices. If use of such devices causes any adverse symptoms, please cease use immediately.
Consult a physician if you have serious and/or persistent symptoms.
Use of Content. The Content is intended for distribution exclusively to consenting adults who are in locations where such Content does not violate community standards or any applicable local, state, or federal law or regulation.
Liability for Improper Use of Content. You agree to be personally liable and fully indemnify the Company and Agent (as defined below) for any and all damages directly, indirectly, and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of Content. Such damages include, without limitation, loss of revenue, loss of profits, loss of property, fines, penalties, attorney's fees, costs, and damages resulting from civil lawsuits, administrative actions, prosecution, and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
LIMITED NON-EXCLUSIVE LICENSE
Grant of License. Subject to the limitations set forth below, the Company hereby grants you a limited, non-commercial, non-exclusive, and non-transferable license (the "License") to use the Content during the period in which you are a current subscriber in good standing or legitimate user of the Site. The License will immediately terminate automatically if you fail to comply with the limitations described herein, breach any provision of the Agreement, cease, for any reason, to be a subscriber in good standing, or are notified of termination of the License by the Company or its authorized agent(s).
Limitations on License. You may make no use of the Content not expressly authorized herein or by express written authorization from the Company. You may use the Content only in accordance with the Agreement, only on one computer at a time, and if the Site makes downloadable copies of the Content available, you may make only a single copy of such Content for your personal use and enjoyment. You agree to the following limitations and restrictions on your use of the Content:
You acknowledge and agree that the Company does not authorize the Content to be accessed, viewed, downloaded, used by, transmitted, broadcast, or otherwise disseminated to any person or entity located in any and all areas prohibited by law ("Prohibited Areas");
You acknowledge and agree that the Content is intended for your personal, noncommercial use and the Company does not authorize you to cause or enable others to access, view, download, receive or otherwise use the Content, directly or indirectly, including but not limited to (i) anyone under the age of eighteen (18) years or the age of majority, or (ii) any person in Prohibited Areas;
You acknowledge and agree that any and all unauthorized access, viewing, downloading, receipt, duplication, or other use of the Content in which you are directly or indirectly involved, shall constitute a material breach of the Agreement, intentional infringement(s) of the Company's and potentially others' trademarks, copyrights, intellectual property, and/or other rights including without limitation, the rights of privacy and publicity;
You acknowledge and agree that you are prohibited from:
Modifying, translating, reverse engineering, decompiling, and/or disassembling the Content;
Creating derivative works based on the Content;
Renting, leasing, or transferring any rights in the Content;
Removing any proprietary notices or labels on the Content; and
Making any other unauthorized use of the Content.
Ownership of the Content and Intellectual Property. Except for public domain material or material otherwise licensed to the Company for electronic dissemination, all of the Content displayed at or otherwise available through the Site is proprietary content owned by the Company, its parents, subsidiaries and/or assigns. All editions of the Site and Content and other matter used directly or indirectly in, at, by, through and/or with the Site are protected by the copyright laws of the United States, international copyright treaties, and other laws and regulations. All intellectual property and other rights in and to the Content and other matter on the Site shall at all times remain in the Company, its parent(s), subsidiary(ies) and assign(s).
REPRESENTATION AND WARRANTIES
Your Warranties. You hereby represent, warrant, and affirm (the "Warranties"):
that you are at least 18 years old and the age of majority in your community;
that it is legal to view the materials where you are located;
that you will not permit any person(s) under the age of 18 (or who are otherwise not legally permitted) to have access to any of the materials contained on this website;
that no materials of any kind submitted through your account including, without limitation, comments posted on live broadcasts or in public forums, will:
Violate or infringe upon the rights of any third party, including without limitation, copyright, trademark, privacy, publicity, moral, contract, or other personal or proprietary rights;
Plagiarize any material owned by any third party or the Company;
Contain violent, obscene, defamatory, harassing, threatening, or otherwise illegal content;
Contain bigoted, hateful, or otherwise racially offensive material;
Otherwise harm or be reasonably expected to harm any person or entity;
Contain commercial or business-related advertisements or offers to sell any products, services, or otherwise (whether for profit or not), or to solicit others (including solicitations for contributions or donations);
Contain a virus or other harmful component that tampers with, impairs or damages the Site, Service, or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site and/or Service;
Contain materials irrelevant to the designated topic or theme of the relevant public forum;
Violate any specific restrictions applicable to a public forum; or
Constitute antisocial, disruptive or destructive behavior, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
Breach of the Warranties. Any conduct that the Company, in its sole discretion, deems to be a breach of the Warranties shall constitute a breach of the Agreement and grounds for termination.
Indemnity. You hereby agree to indemnify, defend, and hold harmless the Company and all of its related entities, subsidiaries and parent companies, advertising and promotions agencies and each of the their heirs, successors, officers, directors, employees, assigns, agents, attorneys, representatives, and any other person or entity now or hereafter affiliated with them, and each of them (collectively, "Indemnified Parties"), of and from any and all claims, demands, causes of action, obligations, damages, losses to any person (including death) or property, penalties, attorney's fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or claimed, arising out of any breach by you or any other user of your account, whether or not such user has your permission, of the Agreement or the Warranties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall cooperate as fully as is reasonably required in the defense of any claim.
Third Party Violations. The Company does not assure or warrant that third parties or other users will comply with the Warranties or any other provision of the Agreement, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any lack of compliance.
No Warranties by the Company. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING THE SITE AND SERVICE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Disclaimer of Responsibility for Outbound Links. THE SITE CONTAINS LINKS TO OTHER RELATED INTERNET SITES, RESOURCES, AND SPONSORS OF THE COMPANY. YOUR SELECTION OF AN AD BANNER OR LINK WILL REDIRECT YOU FROM THE SITE TO A THIRD PARTY WEBSITE. THE COMPANY HAS NO CONTROL OVER AND NO LIABILITY FOR ANY THIRD PARTY WEBSITES OR MATERIALS. TRANSACTIONS THAT OCCUR BETWEEN YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY AND ARE NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH SITES, AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF SUCH OUTSIDE RESOURCES, AND YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE THIRD PARTY SITE'S ADMINISTRATOR OR WEBMASTER.
The Company's Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO YOUR USE OF THE SITE, THE SERVICE, THE CONTENT AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY, EXCEPTING SUCH INJURY OR DAMAGES CAUSED BY THE COMPANY'S FRAUD, WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER, OR VIOLATION OF LAW BY THE COMPANY.
MEMBERSHIPS AND SUBSCRIPTIONS
Membership Options. Memberships to the Service may vary from time to time. Such changes are further described in section VI.4. below. The exact price, duration and other additional terms of your Membership will be made available at the time of purchase. Typically, Memberships are available as follows:
Single Site Membership:
A single site membership can be at any of these sites - StockingsVR.com, StockingVideos.com, Auntykathy.com, Minnieandmary.com, Sadiespanties.com
30-Day Membership (renewing with monthly pricing) $29.95 for the initial 30 days and then rebills at $29.95 for another 30 days
90-Day Membership (renewing with 90-day pricing) $71.99 for the initial 90 days and then rebills at $71.99 for another 90 days
180-Day Membership (renewing with 180-day pricing $125.99 for the initial 180 days and then rebills at $125.99 for another 180 days
Multi-Site Membership:
A multi site membership is from FFstockings.com and includes all sites listed under the single site membership
30-Day Membership (renewing with monthly pricing) $34.99 for the initial 30 days and then rebills at $34.99 for another 30 days
90-Day Membership (renewing with 90-day pricing) $89.99 for the initial 90 days and then rebills at $89.99 for another 90 days
180-Day Membership (renewing with 180-day pricing) $134.99 for the initial 180 days and then rebills at $134.99 for another 180 days
The Billing will show up as "2000265 Ontario Ltd" on your credit card statement
All Membership fees are payable by credit card. Membership fees are also payable via mail, check or telephone. Current prices and acceptable payment methods for memberships will be available on the Site at the time of purchase. From time to time, promotions may be conducted which will alter the pricing and membership structure. Memberships may not be assigned or transferred to any other person or entity.
Memberships. You hereby acknowledge and agree that the purchase of a single site Membership does not allow you to have full access to the multi-site Content and/or Service but, rather, allows you to have limited access only to a limited number of specific scenes pre-selected by the Company. If you purchase a Single Site Membership, you hereby agree that Agent (as defined below) may immediately authorize your credit card (or other approved facility) in the amount equal to the then-current rate for the Single Site Membership you selected. To terminate your Single Site Membership, you must do so before the end of the term to avoid incurring charges for further Membership. Failure to cancel before the end of the term constitutes your agreement to continue as a member under the terms and conditions for single site Memberships set forth herein. You authorize the Company to charge your credit card (or other approved facility) at the then-current site Membership rate on a 30-day, 90-day or 180-day basis until you request termination of your single site Membership according to the terms and conditions set forth herein.
Memberships. You hereby acknowledge and agree that the purchase of a multi site allows you to have full access to the multi-site Content and/or Service. If you purchase a multi site Membership, you hereby agree that Agent (as defined below) may immediately authorize your credit card (or other approved facility) in the amount equal to the then-current rate for the Multi Site Membership you selected. To terminate your Multi Site Membership, you must do so before the end of the term to avoid incurring charges for further Membership. Failure to cancel before the end of the term constitutes your agreement to continue as a member under the terms and conditions for Multi site Memberships set forth herein. You authorize the Company to charge your credit card (or other approved facility) at the then-current site Membership rate on a 30-day, 90-day or 180-day basis until you request termination of your multi site Membership according to the terms and conditions set forth herein.
If you purchase a single site or multi site Membership, or if you do not cancel your membership prior to the end of the term, you authorize the Company and/or Agent to charge your credit card (or other approved facility) for periodic membership fees according to the then-current billing terms for the Service. Membership fees are earned upon receipt by the Company. For your convenience, Memberships will automatically renew upon expiration unless you cancel your membership at least three (3) days prior to expiration. Membership rates are subject to change at any time without notice. You are liable for any membership charges incurred by you up to and until termination of the Service.
Membership Details. As noted above, the offers and pricing Memberships, as well as the Services, the availability of Content included in Memberships, and/or the specific fantasy series and titles available through Memberships may change from time to time, without further notice (except as may be required by applicable law). Further, if you terminate your Membership and purchase a subsequent Membership, you may find that the included and/or available Content has changed materially. Company makes no guarantee as to the availability of specific Content or fantasy series or to the minimum amount of Content available in any Membership in any third-party membership service or the features of these services. The quality of the display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Not all Content is available in all formats. You are responsible for any and all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The Company makes no representations or warranties about the quality of your experience.
Transaction Processing. You hereby authorize the Company and/or one of its authorized agents, ("Agent"), to process the transactions necessary to procure and maintain memberships and subscriptions on your behalf. You agree not to report any credit card (or other approved facility) utilized in such transaction as lost or stolen unless you have a good faith reason to believe that the credit card (or other approved facility) has been lost or stolen. You further agree that you will not dispute any charge that you authorized. Unless otherwise indicated, any price changes are effective as of the beginning of the next membership or subscription period. If you do not agree to a membership or subscription change, you may cancel your membership or subscription pursuant to the terms of section VI.8. of this Agreement. The pricing for memberships and/or subscriptions may include VAT and/or other taxes. Where applicable, such taxes may be collected by the party with whom you transact for the Service, which may be the Company or its Agent.
Terminating Memberships. The Company or Agent may terminate your membership or subscription(s) at any time, and without cause. If you wish to terminate your Access Membership or any monthly subscription, you must do so AT LEAST three (3) days prior to expiration or you will be deemed to have elected to continue your membership/subscription(s) for an additional month and will be charged accordingly. You agree to be personally liable for all charges incurred through your account for use of the Site and/or Service. Your liability for such charges shall continue after termination of your membership/subscription(s) for any reason. To terminate your membership/subscription(s) you must first determine who the Agent is for your membership/subscription(s). This can be determined by examining your bill. If CC Bill is the Agent, select the "Contact" tab on the Footer of the site . Under “Cancelling your Subscription” you can email ccbill to cancel your subscription or you can self-cancel by visiting CCbill’s site. If Netbilling (2000265 Ontario Ltd.) is the Agent, select the "Contact" tab on the Footer of the site . Under “Cancelling your Subscription” you can email supportforjulia@ffstockings to cancel your subscription or you can self-cancel by visiting Netbilling’s site. You can also call the phone posted to cancel via Netbilling.
Customer Service and Refund Policy. If you have a question about a transaction on your credit card statement, please contact the appropriate Agent's customer service department using the contact information below. Agents manage the credit and refund policy for the Service on a case-by-case basis. The Company or an Agent will provide you, upon request, access to billing records that support charges for use of the Service. Additionally, you can also contact the Company directly regarding a refund by clicking the "Support" tab on the Site and following the on screen instructions.
Agent Contact Information:
CC Bill
Phone: 1(888)596-9279
Fax: 1(480)449-8820
Email: consumersupport@ccbill.com
Netbilling
Toll Free: 1-888-357-0303
International: 1-661-252-5756
Subscribers can also contact site support for assistance – supportforjulia@ffstockings.com
DMCA
Notice of Copyright Infringement. If you believe that any Content or Submission appearing on the Site has been used in a manner that infringes upon your copyrights, you or your authorized agent may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the material that is claimed to be infringing or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number or e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's Copyright Agent is:
Rosedale Entertainment
1350 E Flamingo Road, #741
Las Vegas, NV
89119
USA
Email: supportforjulia@ffstockings.com
SECURITY AND PRIVACY
Registration and Security. Purchase of a Membership requires registration. During the registration process, you shall provide the Company with accurate, complete, and current billing information. Failure to do so shall constitute a breach of the Agreement, which may result in immediate termination of your membership. As part of the registration process, you will select a username and password.
No Unauthorized Access. You shall not provide any other person or entity access to your membership, either directly or indirectly. This includes, without limitation, sending or making available to another party your username and/or password. Allowing others to gain unauthorized access to the Service is a breach of the Agreement and a violation of law.
Confidentiality and Liability for Account Usage. You shall be solely responsible for keeping your password strictly confidential. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You are responsible for all usage or activity on your account for the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your membership at the Company's sole discretion, and you may be referred to appropriate law enforcement agencies. You may be held liable for any losses incurred by the Indemnified Parties due to someone else's use of your account or password. You may not use the account, username, or password of another person or entity at any time.
Notice to the Company. You must promptly inform the Company or Agent of the following: (a) changes in the expiration date of any credit card used in connection with the Site; (b) changes in home or billing address; and (c) known or suspected breaches of security, such as loss, theft, or unauthorized disclosure or use of a username, password, and/or credit card information. If you have reason to believe that your account has been compromised, please promptly contact the Company at supportforjulia@ffstockings.com. Until the Company or Agent is notified of a breach in security, you will remain liable for any use of the Service.
Privacy Policy. The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company's privacy policy can be found at www.ffstockings.com/privacypolicy.html and is expressly incorporated into the Agreement by this reference.
GENERAL
Governing Law; Dispute Resolution. The validity, construction, performance, and breach of this Agreement shall be governed by the internal laws of the State of California, without regard to conflicts or choice of law principles, except that the Federal Arbitration Act will govern all provisions relating to arbitration.
The parties agree that any and all disputes or controversies of any nature between them arising at any time that cannot be resolved between the parties themselves shall be determined by confidential (to the extent permitted by law), final and binding arbitration in Nevada, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a single neutral arbitrator ("Arbitrator") mutually agreed upon by the parties. If the parties are unable to agree on an Arbitrator, the Arbitrator shall be appointed by the AAA. The parties shall be entitled to conduct discovery in accordance with the Nevada Code of Civil Procedure then in effect, provided that (i) the Arbitrator must authorize all such discovery in advance based on findings that the material sought is relevant to the issues in dispute and that the nature and scope of such discovery is reasonable under the circumstances, and (ii) discovery shall be limited to depositions and production of documents unless the Arbitrator finds that another method of discovery (e.g., interrogatories) is the most reasonable and cost efficient method of obtaining the information sought. The Arbitrator shall have the power to enter monetary damages and equitable relief as determined by the Arbitrator. Judgment upon the award rendered in any such arbitration may be entered in any court of competent jurisdiction, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. Nothing in this section shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction. Class action lawsuits and / or class-wide arbitrations aren’t allowed. Nor is combining individual proceedings without the consent of all parties. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration.
The fees payable to AAA and the Arbitrator hereunder shall be borne equally by the parties, provided that the prevailing party shall be entitled to reimbursement by the other party for reasonable attorneys' fees, expert witness fees, costs and expenses incurred in the arbitration.
THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
Miscellaneous. If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this Agreement, so that the Agreement shall remain in full force and effect. These terms of service, and any other legal notice published by the Company on the Site, shall constitute the entire agreement between you and the Company concerning your use of the Service. The Company will not be in breach of this Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, if it makes reasonable efforts to perform. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company's delay in asserting any right or provision under this Agreement shall not constitute a waiver of such right or provision. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND ROSDALE ENTERTAINMENT, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
ACKNOWLEDGED AND AGREED
You are electronically signing this Agreement by clicking "I AGREE, ENTER FFSTOCKINGS", purchasing a membership and / or accessing this site in any manner. You understand and agree that this Agreement may not be denied legal effect, validity, or enforceability solely because your electronic signature was used in its formation. You further understand and agree that electronic signatures and records are just as good as their paper equivalent, and therefore subject to the same legal scrutiny of authenticity that applies to paper documents.
BY PURCHASING A SUBSCRIPTION OR BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THE ROSEDALE ENTERTAINMENT. TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THE TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY AT LEAST 18 YEARS OLD, AND UNDERSTAND THAT MATERIALS PRESENTED AT THIS SITE INCLUDE EXPLICIT NUDITY, VISUAL AND AUDIO REPRESENTATIONS OF SEXUAL SITUATIONS, AND ADULT LANGUAGE.
FURTHER, BY INDICATING ON THE JOIN PAGE THAT YOU HAVE READ AND AGREE WITH THE TERMS OF SERVICE AND / OR BY AUTHORIZING THE USE OF YOUR CREDIT CARD (OR OTHER APPROVED FACILITY) FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO THE SITE, YOU AFFIRM THAT YOU HAVE READ THE ENTIRE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF SERVICE SET FORTH IN THE AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, ARE UNDER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, DO NOT CREATE A FREE ACCOUNT, DO NO ATTEMPT TO PURCHASE A FULL SUBSCRIPTION OR TRIAL SUBSCRIPTION, DO NOT ATTEMPT TO USE THE SITE IN ANY MANNER AND LEAVE NOW!