Terms

&

Conditions

Terms & Conditions

TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions of Service (“Terms”) are a LEGAL and BINDING AGREEMENT between you and GMIP, LLC (“Company”).  Please review these Terms fully before you access and/or use the Company’s website located at https://www.getmeintoporn.com (“Website”) and any of Company’s social media sites (“Social Media Sites”).  As used in these Terms, the word “Sites” shall include the Company’s Website and Social Media Sites.

By accessing and/or using any of Company’s Sites, you agree to be bound by these Terms. You are also subject to and bound by any and all additional terms, conditions and disclaimers set forth on any of the Sites, including without limitation the Company’s Privacy Policy (the “Privacy Policy”).

Access to the sites is restricted. You must be a United States resident over the age of eighteen (18) to use and/or access the Sites.  If you are not a United States resident and/or you are under the age of eighteen (18), you are directed to immediately stop accessing and using the Sites.

The Sites contain sexually explicit Content. If you do not choose to view, listen to or encounter such Content, your sole and exclusive remedy is to stop accessing and using the Sites immediately.

The Company reserves the right to change or update this Policy at any time and without prior notice. If you continue to access and/or use the Sites after such changes or updates, you shall be deemed to have accepted the Terms as changed or updated.  It is your responsibility to review these Terms regularly.  These Terms were last updated on June 1, 2020.

If you do not agree to these Terms, you are directed to immediately stop accessing and using the Sites.

Content on the Sites

The Company owns and/or licenses all of the Content found on the Site.  All of the Content is proprietary.

Content” means any and all subject matter information and content that is featured, displayed and/or contained on any or all of the Company’s Sites, including without limitation posts, narratives, stories, articles, blogs, interviews and other textual information however presented; infographics, mashups, memes, images, videos, audio and music, multimedia, graphic designs, software codes and any and all other information and data in any and every format now existing or that may be created in the future.

User Content” means Content that you or any other user of the Sites post, submits, transmits and/or uploads to any or all of the Sites, i without limitation telephone numbers, email addresses and any and all other private and/or identifiable information.

You represent and warrant to the Company and agree that if you post any User Content, you have the lawful right to do so and that none of such User Content shall impose any obligation upon the Company whatsoever, including without limitation confidentiality or attribution obigations.

Any unauthorized use of Content including User Content shall be a violation of these Terms. The Company reserves the right to recover any resulting damages and to avail its of any and all available rights and remedies. In addition, any unauthorized use of Content including User Content may violate applicable laws, and may violate the terms of the social media platforms (the “Platforms”) on which the Company’s Social Media Sites reside.

You agree to maintain any and all copyright or other proprietary notices embedded in or attached to any of your User Content. You agree to assume full and sole responsibility for any and all of your User Content. You hereby automatically, unconditionally and immediately assign to the Company an exclusive, royalty-free, worldwide, perpetual license to any and all of your User Content for any and all purposes whatsoever.

You hereby exculpate the Company and you agree that the Company shall not be liable to you or any other person or entity for any of your User Content whatsoever, including without limitation its use, access or disclosure.

If you are not satisfied in any respect with any of the Content or User Content found on the Company’s Sites or with the quality of the products or services marketed and/or sold by the Company, or with these Terms or the Privacy Policy, your sole and exclusive remedy is to stop accessing and using the Company’s Sites immediately.

Conduct by Users

All users are required to access and use the Company’s Sites for lawful purposes only.  You agree not to transmit to, from, through, or by means of the Company’s Sites any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or which may give rise to civil or criminal liability.

Conduct by any user that, in the sole and absolute determination of the Company, restricts or inhibits any other user from using or enjoying the Company’s Sites is prohibited.  The Company reserves the right in its sole discretion to refuse access to the Company’s Sites to any user for any reason, including without limitation a belief that the user has violated these Terms, the Privacy Policy or any applicable laws.

HACKING AND DAMAGING THE COMPANY’S SITES OR ATTEMPTING TO DO SO IS A VIOLATION OF CRIMINAL AND CIVIL LAWS.  IF ANY PERSON HACKS OR DAMAGES THE SITE, OR ATTEMPTS TO DO SO, THE COMPANY RESERVES THE RIGHT TO SEEK MONETARY DAMAGES AND ALL OTHER AVAILABLE RELIEF FROM SUCH PERSON TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Prohibited Actions

You are solely responsible for any and all acts and omissions that occur during or relating to your direct or indirect access and/or use of the Company’s Sites.  You agree not to directly or indirectly access or use any of the Company’s Sites in any way that is unacceptable or illegal, as determined by Company in its sole and absolute discretion.  Specifically and without limitation, you agree not to do any of the following things:

  1. Post or transmit material that may be abusive, obscene, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious, or any User Content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or actually or potentially infringes the copyright, trademark, patent, trade secret or other right of any person or entity, including the Company.
  2. Modify, adapt, license, sublicense, translate, sell, transfer, assign, reverse engineer, decompile and/or disassemble any portion of the Sites or their source codes.
  3. Remove any copyright, trademark, or other proprietary rights notices contained in the Company’s Sites, or embedded in or attached to any Content including User Content.
  1. Direct or indirectly engage in hacking, eavesdropping, sniffing, spoofing, forgery, impostering, tampering, defacing, breaking passwords, fraud, electronic trespassing, nuking, denial of service attacks and/or other network and telecommunications attacks with respect to any of the Company’s Sites.
  1. Direct or indirectly interfere with the operation of and/or causing unauthorized, damaging or harmful access to and/or use, of the Sites.
  1. Direct or indirectly interfere with, disrupt or attempt to gain unauthorized access to other user accounts on any of the Company’s Sites or any other computer network.
  2. Direct or indirectly post or transmit “spam,” unsolicited email or text messages, or any other unsolicited commercial communication.
  3. Direct or indirectly create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication.
  4. Direct or indirectly express or imply that the Company endorses any statements you make.
  1. Direct or indirectly post or transmit viruses, Trojan horses, worms, defects, date bombs, time bombs, malware, ransomware, system contamination and/or other items of a destructive nature or any other malicious computer codes, scripts, applications or programs (collectively, “Virus”).
  2. Directly or indirectly restrict or inhibit any other user from using or accessing any or all of the Company’s Sites.
  3. Directly or indirectly reproduce, distribute, modify, sell, license, or re-post any Content on any other websites, computer networks, social media platforms and sites or in any other medium whatsoever, other than the Company’s Sites.
  4. Directly or indirectly frame or mirror any portion of any of the Company’s Sites on any other website or computer network.
  5. Directly or indirectly engage in data extraction or data mining.
  6. Directly or indirectly transfer or store any Content residing or exchanged over any of the Company’s Sites in any electronic network including without limitation a peer-to-peer network for use by more than one user.
  7. Directly or indirectly collect or use any information about other users of any of the Company’s Sites, whether or not such information is personally identifiable, de-identified and/or aggregated with information concerning other users of the Sites.
  8. Directly or indirectly engage in any other activity in conflict with the spirit or intent of these Terms, the Privacy Policy and/or applicable laws, as determined by the Company in its sole and absolute discretion.

 

Copyright and Trademark Ownership

The Company’s Sites, and all Content contained on the Company’s Sites, are protected by United States copyright and trademark law and other applicable laws.  All copyrights and trademarks which are not the property of the Company that are used or referred to in the Sites are the property of their respective owners and used under license or with the owner’s permission. Nothing found on the Company’s Sites shall be construed as granting any license or any other rights to any copyright, trademark, patent, or other property of the Company or any third party, whether by implication, laches, estoppel, explicit grant or otherwise.

Copyright Infringement

Notifications of claimed copyright infringement on any of the Sites should be given in writing to the Company’s designated agent in accordance with Title 17 of the United States Code, Section 512 (entitled the Digital Millennium Copyright Act).  If you believe that your work has been used in a way that may constitute copyright infringement, you should furnish the following information by written notice to the Company’s designated agent.

a.             An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

b.             A description of the copyrighted work that you claim has been infringed;

c.              A description of where the material that you claim is infringing is located on the Sites;

d.             Your address, telephone number and email address;

e.             A statement signed by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f.               A statement signed by you and made under penalty of perjury that all of the information set forth in your written notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Company’s designated agent for notice of claims of copyright infringement on any of the Sites is its copyright agent, who may be reached as follows:

 

By Mail:

 

GMIP, LLC

__________________

 

 

 

By Email:

 

[email protected]

 

Disclaimer of Warranty; Limitation of Liability

The Sites and all Content including User Content posted on any of the Sites or delivered to you from, through or via any of the Sites is provided to you by the Company “as is”. The Company makes no representations whatsoever about the suitability of the information or Content including User Content contained on the Company’s Sites or the Linked Sites.  You agree and understand that you must evaluate and bear all risks associated with accessing and using any of the Company’s Sites or the Linked Sites, including those risks associated with reliance on the accuracy, thoroughness or utility of any Content or User Content.

THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO PRODUCTS AND SERVICES THAT ARE MARKETED AND/OR SOLD ON OR THROUGH THE COMPANY’S SITES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  You agree that the Company’s maximum liability arising from your access to or use of the Company’s Sites under any circumstances shall at all times be limited to U.S. $100.00.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation or exclusion may not apply to you.

IN NO EVENT SHALL THE COMPANY OR ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOST OR ANTICIPATED PROFITS RELATED TO ANY CONTENT LOCATED ON OR TRANSMITTED TO, THROUGH OR FROM THE COMPANY’S SITES; OR FOR ANY PRODUCT OR SERVICE MARKETED OR SOLD ON OR THROUGH THE COMPANY’S SITES; OR FOR YOUR RELIANCE ON ANY INFORMATION, CONTENT OR USER CONTENT THAT IS LOCATED ON OR TRANSMITTED TO, THROUGH, OR FROM THE COMPANY’S SITES, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, TORT, EQUITY OR ANY OTHER FORM OF RELIEF OR ACTION, OR WHETHER OR NOT ARISING OUT OF OR IN CONNECTION WITH THE USE OF CONTENT AVAILABLE FROM THE COMPANY’S SITES, OR WHETHER OR NOT ALLEGED TO HAVE BEEN CAUSED BY ERRORS OR OMISSIONS IN THE CONTENT OR OTHER INFORMATION CONTAINED WITHIN THE COMPANY’S SITES.

The Company expressly disclaims any responsibility or liability based upon or arising out of a violation of these Terms by any user of the Company’s Sites. The Company is not responsible for any errors or omissions in Content including User Content. Under no circumstances shall Company be liable for any loss or damage caused by your reliance on Content, User Content and/or other information obtained from or through the Company’s Sites or any Third Party Sites.  The Company therefore cannot and does not claim, promise, represent or guarantee that any Content, User Content or other information is appropriate for any particular user, including you.

In no event shall Company be liable for any damage to your computer hardware, software or network which may occur from your access to or use of the Company’s Sites, or your downloading of Content including User Content from the Company’s Sites, whether caused by a Virus or otherwise. Information contained on the Company’s Sites may contain technical inaccuracies or typographical errors, for which Company expressly disclaims all liability.

The Company does not routinely monitor the Company’s Sites or any Content, User Content or other information that is posted to its Sites by users. However, the Company reserves the right to monitor the Sites and to edit, modify, consolidate and/or remove any Content, User Content and/or other information that Company in its sole discretion considers to be inappropriate or unlawful.  Notwithstanding the foregoing, the exercise or waiver of such rights shall not create any obligation whatsoever for the Company to monitor the Sites and/or to edit, modify, consolidate and/or remove any Content, User Content or other information on the Sites.

Third Party Content

The Company’s Sites may provide hyperlinks to web pages, websites, links, social media sites and platforms, applications and other resources that may be available on the Internet or social media (collectively, the “Linked Sites”). The Company has no control over any content (“Third Party Content”) that you access or use via any such Linked Site. Therefore, the Company is not and shall not be responsible for any Third Party Content and/or for the consequences of your use of and access to any Linked Sites or Third Party Content. In addition, the Company is not and shall not be responsible for any advertising, products, services, information or other materials that may be located on or available from or through any Linked Site.

All Third Party Content is provided as a convenience to our users only.  The Company does not endorse any Third Party Content or any of the Linked Sites.  The Company is not and shall not be responsible for any inaccuracies, misleading statements, omissions or Viruses that may be set forth in any Third Party Content and/or located on any Linked Site. It is your sole responsibility to take all necessary precautions to ensure that any Third Party Content that you may access and/or use is not offensive to you and is safe and appropriate for you.

The Social Media Sites

The Company’s Social Media Sites reside on Platforms that are owned and/or operated by other businesses that are not affiliated with the Company. Examples of Platforms are Instagram and Twitter. You understand that each Platform has its own terms and conditions including its terms of use and privacy policy.

You agree that when you use or access any of the Company’s Social Media Sites, you shall be bound and legally obligated by each Platform’s rules including without limitation its terms of use and privacy policy.

You acknowledge that the Company does not endorse any User Content or postings on the Social Media Sites.

Indemnification

You agree to indemnify, defend and hold harmless Company and its members, managers, employees, agents and representatives from and against all losses, expenses, damages and costs (including reasonable attorneys’ and professionals’ fees and expenses) resulting from or arising out of (a) your breach or attempted breach of these Terms and/or the Privacy Policy; (b) your violation of applicable laws pertaining to the Company and/or the Sites; (c) your direct or indirect access to and use of the Sites and/or any Linked Sites; (d) all claims of infringement; and (e) any and all other claims relating to or arising out of your User Content including without limitation infringement of intellectual property or other rights of third parties; and (f) any and all compliance, administrative and legal fees and matters arising out of any subpoena or legal process that relates to you. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any claim subject to indemnification. In such event, you agree to cooperate fully with the Company upon request in asserting any and all available defenses and in all other respects.

Termination

Your access to and/or use of the Company’s Sites is neither a sale nor a license. Your right to access and/or use the Sites shall immediately and automatically terminate upon your breach of these Terms and/or the Privacy Policy, without any requirement to give notice of termination to you. In addition, Company may terminate your right to access and/or use the Sites at any time at will or for the Company’s convenience.  If you do not abide by these Terms and/or the Privacy Policy, you are not authorized to and you shall not access or use the Company’s Sites.

Disputes

Any and all disputes arising out of, under, or in connection with these Terms (including without limitation their validity, interpretation, performance or breach) will be adjudicated exclusively in the United States District Court for the Eastern District of New York or the state courts located in or having jurisdiction over Suffolk County, State of New York. You expressly and irrevocably submit and consent to the exclusive jurisdiction of such Courts over you. You expressly waive any claim of forum non conveniens.  You agree to reimburse Company for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against or by you. These Terms and their validity and effect will be interpreted under and governed by the substantive laws of the State of New York, without regard to principles of conflicts of laws or statutes.

You and the Company have agreed to these Terms within the State of New York for all purposes.  All products and services that may be furnished to you on or through the Company’s Sites shall be deemed to have been furnished by the Company to you within the State of New York.

General Provisions

By your acceptance of these Terms and your access and/or use of the Company’s Sites, and as a material condition of such access and/or use, you represent and warrant to Company that you are at least eighteen (18) years old.  If you are a minor (that is, if you are less than eighteen (18) years old), you are not permitted to make purchases via the Sites. Your parents or legal guardians should place any order to purchase the Company’s products and/or services.  You also represent and warrant to Company that you have provided accurate and complete information in all of your communications with Company (including without limitation your username, password and user profile).

Refunds

Refunds are addressed on a case-by-case basis. To request a refund of your membership subscription, please contact [email protected]

Cancellations

Cancel your recurring membership at anytime by emailing [email protected] with the subject line “Membership Cancellation”. All cancellation requests will responded to within 72 hours. 

These Terms and any other rules or terms posted on any of the Company’s Sites including without limitation the Privacy Policy constitute the entire agreement between you and the Company, and supersede all previous written or oral agreements between Company and you. No action or inaction by the Company may be construed as a waiver of these Terms or any part thereof. If any of the provisions of these Terms are held to be unenforceable by a court having competent jurisdiction, the remainder of these Terms shall continue in full force and effect.

Copyright © 2020 by GMIP, LLC.  All Content other than User Content contained in and on the Company’s Sites is intellectual property that is owned exclusively by the Company and/or the respective owners thereof and all such intellectual property is protected by federal and state copyright and other laws and international laws and treaties. Therefore, any copying, republication, redistribution, creation of any derivative works or the public performance of the Content in any form and in on any medium is strictly prohibited.  The Company enforces its copyright, trademark, and other legal rights and interests to the maximum extent permitted under the law. All rights of the Company are expressly reserved.

 

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