Terms-of-Service Agreement
Last Updated: May 26, 2022
This terms-of-service agreement is entered into between you and Kick Ass Pictures Corp., a Florida corporation (“Kick Ass Pictures,” “we,” or “us”). The following agreement and any documents it references (collectively, “agreement”) governs your access to and use of the Website, whether as a visitor or a User.
1. Definitions
1.1 “Bookmarking” means the act of placing a web page (URL) into a temporary file on the User’s browser so that the User may return to the page at a future date directly, without passing through any preceding pages.
1.2; “Chargebacks” means a request you file directly with your card company or bank to invalidate Fees.
1.3 “Fees” means amounts paid or payable to Kick Ass Pictures in exchange for a Membership under this agreement using a Payment Method. Fees are posted on the Website.
1.4 “Login” means the combination of the unique username and password sold or provided by Kick Ass Pictures to the User and used to access the Website.
1.5 “Membership” means the access granted to a User to the Website using a Login for a limited period to use the Services.
1.6 “Payment Method” means the payment method you use to purchase your Membership, including credit card.
1.7 “Services” means the limited, non-transferrable license to stream or download images and video or other content from the Website and navigate different areas of the Website.
1.8 “User” means an individual who is at least 18-years old and the age of majority in the jurisdiction where they live who has a Membership or rightfully accesses the Website.
1.9 “Website” means the website to which you are purchasing a Membership or accessing the Services.
2. Acceptance of Agreement
2.1 This document contains very important information regarding your rights and obligations, and conditions, limitations, and exclusions that might apply to you. Please read it carefully.
2.2 This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
2.3 By using the Website or by clicking to agree to the agreement when that option is made available to you, you agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.
2.4 This Website is offered and available to persons who are 18-years old or older, who have reached the age of majority where they live, and who are not prohibited by law from accessing or viewing sexually explicit content. By using this Website, you state that you are of legal age to form a binding contract with Kick Ass Pictures and meet all the preceding eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.
2.5 Bookmarking to a page on the Website by which the warning page or this agreement is bypassed will constitute implied acceptance of this agreement and an explicit confirmation that the User is at least 18-years old and the age of majority in their jurisdiction and the content is not illegal in the Territory.
3. Changes to Agreement. Kick Ass Pictures may revise and update this agreement from time to time. All changes are effective immediately when posted and apply to all access to and use of the Website afterwards. However, any changes to the dispute resolution provisions set out in section 23 (Governing Law and Jurisdiction) and section 24 (Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website after the posting of the revised agreement means that you agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
4. Adult-Oriented Content
4.1 Agreement to View Adult Material. The Website is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented, and frankly erotic, nature. The material available on the Website include graphic visual depictions and descriptions of nudity and sexual activity and must not be accessed by anyone under the legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website and must leave now.
4.2 Section 230(d) Notice. Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that might help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which Kick Ass Pictures provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
4.3 Child Sexual Abuse Material (CSAM) Prohibited. We prohibit content involving minors on the Website. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity on the Website or that is otherwise exploitative of children, please promptly report this to us at [email protected]. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We cooperate with any law enforcement agency investigating alleged child exploitation or child sexual abuse material.
4.4 Prostitution and Sex Trafficking Prohibited. We prohibit using the Website or the Interactive Services to promote or facilitate prostitution or sex trafficking. This prohibition includes using the Website or the Interactive Services to share personal contact details or arrange face-to-face meetings. If you see any evidence of this on the Website, please promptly report this to us at [email protected]. Please include with your report all evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We will terminate the Login of any person promoting or facilitating prostitution or sex trafficking. We will report all individuals suspected of promoting or facilitating prostitution or sex trafficking to the appropriate law enforcement agency. We will cooperate with any law-enforcement agency investigating prostitution or sex trafficking.
5. Territory
5.1 Territory. Each Membership is for use within a limited territory that excludes all jurisdictions where the content is illegal (“Territory”). Kick Ass Pictures is not making any statement that the Website or its content is accessible or appropriate in your jurisdiction. If you access the Website, you do so on your own initiative and are responsible for complying with all local laws.
5.2 Location Breach. If we detect a Membership is purchased or used outside the Territory, we may disable that Membership so the Login will not work and terminate this agreement for breach without any refund of Fees already paid.
6. Accessing the Website. We may withdraw or amend this Website, and any service or material we provide on the Website, without notice. We will not be liable if for any reason any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to parts of the Website, or the entire Website, to Users. You are responsible for making all arrangements necessary for you to have access to the Website.
7. Your Account
7.1 Account Creation. To access the Website or some of the resources it offers, you must provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is accurate. You must provide a valid email address, a username, and a password. Do not choose a username that is offensive or that infringes anyone’s service mark, trademark, or trade name. We may delete or require you to change any username that violates this section 7.1. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website’s technical requirements for the composition of passwords. By creating an account, you state that (a) all account registration information you provide is your own and is accurate; (b) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your personal use, and you will not sell, rent, or transfer your account to anyone.
7.2 Responsibility for Login. You are responsible for keeping your Login confidential. Further, you are responsible for all activities that occur under your Login. You will promptly notify us of any unauthorized use of your Login or any other security breach. You must not sell, rent, lease, share, or provide access to your Login to anyone. We may disable any Login, whether chosen by you or provided by us, at any time for any reason or no reason, including if, in our opinion, you have violated any part of this agreement.
7.3 Liability for Login Misuse. We will not be liable for any loss that you might incur as a result of another person using your Login, either with or without your knowledge. You could be held liable for losses incurred by us or another person due to someone else using your Login.
7.4 Use of Other Logins. You must not use anyone else’s Login at any time.
7.5 Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons will never be able to defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
7.6 Communication Preferences. By registering for an account, you hereby consent to receive electronic communications from us about your account. Communications might involve sending emails to your email address given during registration or posting communications on the Website. Communications will include notices about your account (e.g., payment authorizations, change in Login or Payment Method, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that these communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also hereby consent to receive other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors. If you no longer want to receive non-transactional communications, please review the Privacy Policy regarding opting out of marketing communications.
8. Intellectual Property Rights
8.1 Ownership. The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, image, video, and audio, and the design, selection, and arrangement of it) are owned by Kick Ass Pictures, its licensors, or other providers of those materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 License Grant. We hereby grant you a single, limited, personal, nontransferable, nonsublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials on our Website, except as follows:
(a) Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
(c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
(d) You may view any materials to which you have properly gained access for your personal, noncommercial use and not for further reproduction, publication, or distribution.
(e) If we offer desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by Kick Ass Pictures’ end user license agreement for those applications.
(f) If we provide social media features with certain content, you may take those actions as are enabled by those features.
8.3 License Restrictions
(a) You must not:
(i) Download any materials unless the Website itself gives you that option.
(ii) Modify copies of any materials from the Website.
(iii) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
(iv) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
(b) You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
(c) If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will terminate immediately, and you must, at our option, return or destroy any copies of the materials you have made. No interest in the Website or any content on the Website is transferred to you, and Kick Ass Pictures reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and might violate copyright, trademark, and other laws.
8.4 Trademarks: Kick Ass Pictures’ name and logo; the terms KICK ASS, KICK ASS FLIX, CUM EATING CUCKOLDS, and FOOT FETISH DAILY; and all related names, logos, product and service names, domain names, designs, and slogans are trademarks of Kick Ass Pictures or its affiliates or licensors. You must not use those marks without Kick Ass Pictures’ prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
9. Prohibited Uses
9.1 You must use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
· In any way that violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding exporting data or software to and from the US or other countries).
· To exploit, harm, or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in this agreement.
· To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or try to impersonate Kick Ass Pictures, a Kick Ass Pictures employee, another User, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we determine, might harm Kick Ass Pictures or the Users or expose either to liability.
9.2 Additionally, you must not:
· Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.
· Conduct, facilitate, authorize, or permit any text or data mining or web scraping regarding the Website or any services provided through, or concerning, the Website. This includes using (or permitting, authorizing, or attempting to use): (i) any “robot,” “bot,” “spider,” “scraper,” or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, record, or republish any part of the Website or any data, content, information, or services accessed through the Website; or (ii) any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes but is not limited to patterns, trends, and correlations.
· Use any manual process to monitor or copy any of the materials or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise try to interfere with the Website’s proper working.
10. User Contributions
10.1 The Website may contain forums and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (collectively, “post”) content or materials other than photographs or videos (collectively, “User Contributions”) on or through the Website. The Website prohibits you from posting photographs and videos.
10.2 All User Contributions must comply with the Content Standards set out in this agreement.
10.3 We will consider any User Contribution you post to the Website nonconfidential and nonproprietary. By providing any User Contribution on the Website, you hereby grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to nonparties any such material for any purpose.
10.4 You state that (a) you own or control all interest in the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of your User Contributions do and will comply with this agreement.
10.5 You understand that you are responsible for any User Contributions you submit or contribute, and you, not Kick Ass Pictures, have full responsibility for that content, including its legality, reliability, accuracy, and appropriateness.
10.6 We are not responsible or liable to any nonparty for the content or accuracy of any User Contribution posted by you or any other User.
11. Monitoring and Enforcement; Termination
11.1 We may:
· Remove or refuse to post any User Contributions for any or no reason.
· Take any action as to any User Contribution that we consider necessary or appropriate, including if we believe that the User Contribution violates this agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Kick Ass Pictures.
· Disclose your identity or other information about you to any person who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
· Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this agreement.
11.2 We may cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You hereby waive and shall indemnify Kick Ass Pictures and its affiliates, licensees, and service providers against any claims resulting from any action taken by any of the preceding parties during, or taken as a consequence of, investigations by either those parties or law enforcement authorities.
11.3 However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or nonparty. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
12. Content Standards. These content standards apply to all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all federal, state, local, and international laws and regulations. User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material (except for material on the Website), violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under laws or regulations or that otherwise might be in conflict with this agreement and our Privacy Policy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act, including, but not limited to, promoting or facilitating prostitution or sex trafficking.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, including contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
13. Reliance on Information Posted
13.1 The information presented on or through the Website is made available solely for general information purposes. We are not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is at your own risk. We will not be liable for any reliance placed on those materials by you or any other visitor to the Website, or by anyone who might be informed of any of its contents.
13.2 This Website might include content provided by nonparties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Kick Ass Pictures, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Kick Ass Pictures. We are not responsible, or liable to you or any nonparty, for the content or accuracy of any materials provided by any nonparties.
14. Changes to the Website. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. The Website’s materials might be out of date at any given time, and we are not required to update those materials.
15. Information About You and Your Visits to the Website. All information we collect on this Website is subject to our Privacy Policy . For information about how we collect, use, and share your personal information, please review the Privacy Policy .
16. Memberships
16.1 Fees and Membership Information. Users are liable for Fees for Membership and all taxes. You must provide us with a valid Payment Method. We will bill the Fees to your chosen Payment Method. We may adjust Fees for Memberships at any time. We do not provide price protection or refunds in the event of a price reduction or promotional offering.
16.2 Membership Types. The Website may offer various types of Memberships of different terms (ex: monthly, three-month, six-month) (each, a “Membership Term”). Each Membership Term offered will have its own Fee indicated during the join process and, except for nonrecurring Memberships, will rebill at the Fee and at the frequency indicated in the receipt sent to the User’s email address. Fees are subject to change due to laws and taxes; if you do not cancel within 30 days, you are considered to have accepted the Fee change.
16.3 Auto-Renewal. Except for nonrecurring Memberships, your Membership will continue for the Membership Term and automatically renew for additional prepaid periods of the same length at the rates in effect at the time you originally signed up until cancelled. Users must cancel their recurring Membership before it renews each term to avoid billing of the next term’s Fees to their Payment Method. Until cancelled, the User authorizes Kick Ass Pictures to continue charging the User’s Payment Method to pay: (a) Fees for recurring Membership; (b) all purchases of other products, services, and entertainment provided by the Website; and (c) other liabilities of User to Kick Ass Pictures.
16.4 Delayed Transactions. If a User’s Payment Method was declined, we may try to process the Payment Method again under the same conditions as initiated by the User, within seven days of the User’s first attempt to purchase that Membership. Where the Payment Method is approved in that circumstance, the User will receive an email confirming the successful completion of their transaction along with their Login details. For recurring Memberships, the User’s next rebill will be attempted on their initial rebill date. We may change the Fee of the rebill or of the initial transaction to a lesser amount with the obligation to continue the User’s recurring Membership at the original rebill Fee, which will take effect as of the next rebill unless the User cancels before that rebill, or at the initial Payment Method Fee to successfully complete the User’s purchase of their Membership. If an unsuccessful recurring payment, we may charge an administrative fee of up to US$2 to maintain an active Membership until the Membership Fee can be processed successfully. At any time, if you have any questions about the rebill Fee or date of your Membership, please contact [email protected].
16.5 Cancellation Policy. You may cancel your recurring Membership at any time by contacting the payment processor identified in the receipt emailed to you or by emailing us at [email protected]. If a recurring Membership is cancelled before the renewal date, the User will continue to have access to the Website for the remainder of the Membership Term.
17. Taxes, Billing Disputes, Refunds, and Chargebacks
17.1 Taxes. You are responsible for all federal, national, state/provincial, or local sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a transaction, you will be responsible for those taxes or fees if they are later found to be payable on that sale, and we may collect those taxes or other fees from you at any time. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each payment transaction.
17.2 Billing Disputes. If you believe that we have charged your Payment Method in error, you must notify us in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you do not notify us in writing of a dispute within this period, you waive any disputed charges. You must submit any billing disputes in writing through [email protected] and include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.
17.3 Refunds. Except as provided by law, Fees are non-refundable once the Login details have been used on the Website. Non-use of a Membership or inability of User to access the Website through no fault of Kick Ass Pictures are not grounds for a refund of Fees. We will not issue refunds or credits for partially used Membership Terms. If you believe exceptional circumstances exist for a refund, please email us at [email protected]. If we issue a refund in our sole discretion, we will issue that refund in the form of a credit to the Payment Method used to make the original purchase. We will not issue refunds in the form of cash, check, or free services. All refunds will be issued within ten days of communication between the User and Kick Ass Pictures. Issuing a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance. This section 17.3 does not affect any statutory right to receive a refund from Kick Ass Pictures that a User might have under law.
17.4 Chargebacks. We carefully investigate all Chargebacks. You must not make unjustified Chargeback requests of your payment card provider. The User will remain responsible for the consequences caused by such a breach of contract. We will review excessive and potentially fraudulent Chargebacks and we may prevent the User from making additional purchases during that review. If we determine that any Chargeback request is fraudulent or was made by the User in bad faith, we may suspend and terminate your Membership or any future Membership you purchase.
18. Linking to the Website and Social Media Features
18.1 You may link to our homepage, on condition that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
18.2 This Website may provide certain social media features that enable you to:
· Link from your own or certain nonparty websites to certain content on this Website.
· Send emails or other communications with certain content, or links to certain content, on this Website.
· Cause limited parts of content on this Website to be displayed or appear to be displayed on your own or certain nonparty websites.
18.3 You may use these features solely as they are provided by us solely for the content they are displayed with, and otherwise under any additional terms we provide for those features. Subject to the preceding, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or parts of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the Website other than the homepage or your profile page.
· Otherwise take any action regarding the materials on this Website that is inconsistent with any other provision of this agreement.
18.4 The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this agreement.
18.5 You must cooperate with us in causing any unauthorized framing or linking immediately to stop. We may withdraw linking permission without notice.
18.6 We may disable all or any social media features and any links at any time without notice.
19. Links from the Website. If the Website contains links to other sites and resources provided by nonparties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the nonparty websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.
20. Warranty Disclaimers
20.1 You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output and for keeping a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by (a) a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of the Website or any services or items obtained through the Website; or (b) by your downloading of any materials posted on the Website or on any website linked to it.
20.2 Your use the Website, its content, and any services or items obtained through the Website is at your own risk. Kick Ass Pictures offers the Website, its content, and any services or items obtained through the Website “as is” and “as available,” without making any warranties, either express or implied. Neither Kick Ass Pictures nor any person associated with Kick Ass Pictures is making any warranty or representation about the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither Kick Ass Pictures nor anyone associated with Kick Ass Pictures states that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; that defects will be corrected; that our Website or the server that makes it available are free of viruses or other harmful components; or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
20.3 To the greatest extent provided by law, Kick Ass Pictures is not making any warranties, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, noninfringement, and fitness for particular purpose.
20.4 The preceding does not affect any warranties that cannot be excluded or limited under law.
21. Limitation of Liability
21.1 To the greatest extent provided by law, in no event will the collective liability of Kick Ass Pictures and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of US$500 or the amount you have paid to Kick Ass Pictures for the Services in the last six months out of which liability arose.
21.2 The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by Services you purchase through the Website.
21.3 The preceding does not affect any liability that cannot be excluded or limited under law.
22. Indemnification. You shall indemnify Kick Ass Pictures, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of this agreement or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content and services other than as expressly authorized in this agreement, or your use of any information obtained from the Website.
23. Governing Law and Jurisdiction
23.1 Florida law governs all adversarial proceedings arising out of this agreement or access or use of the Website. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
23.2 Except for disputes subject to arbitration, as the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the subject matter of this agreement, a party may bring such a proceeding in the United States District Court for the Middle District of Florida or in a state court in Florida. Each party acknowledges that those courts would be a convenient forum. Each party hereby waives its right to a trial by jury in any adversarial proceedings arising out of this agreement.
24. Arbitration
24.1 You and Kick Ass Pictures are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and Kick Ass Pictures arising from or relating in any way to your use of the Website or the Services, will be resolved exclusively and finally by binding arbitration.
24.2 Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) will administer the arbitration under its rules available at www.arbresolutions.com, then in effect, except as modified by this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party legal fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
24.3 You may elect to pursue your claim in small-claims court rather than arbitration if you provide Kick Ass Pictures with written notice of your intention do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
24.4 You agree to an arbitration on an individual basis. In any dispute, neither you nor Kick Ass Pictures will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
24.5 If any provision of this section is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
25. Recovery of Expenses. In any proceedings between the parties arising out of the subject matter of this agreement, the prevailing party will recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
26. Limitation on Time to Bring Claims. A party shall not bring a claim arising out of this agreement or access or use of the Website more than one year after the cause of action arose. Any claim brought after one year is barred.
27. General
27.1 Entire Agreement. This agreement constitutes the entire understanding between the parties regarding the subject matter of this agreement and supersedes all other agreements, whether written or oral, between the parties, except that any additional terms on the Website will govern the items to which they pertain.
27.2 Assignment. This agreement is personal to you. You shall not transfer to any other person, other than by will or intestate succession, (1) any discretion granted under this agreement, (2) any right to satisfy a condition under this agreement, (3) any remedy under this agreement, or (4) any obligation imposed under this agreement. Any purported transfer by you in violation of this section 27.2 will be void.
27.3 Waiver. No waiver under this agreement will be effective unless it is in writing and signed by the party granting the waiver. A waiver granted on one occasion will not operate as a waiver on other occasions.
27.4 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
27.5 Notices
(a) Notice to Kick Ass Pictures. You may notify Kick Ass Pictures by email at [email protected] unless a specific email address is given for providing notice. Kick Ass Pictures may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying Kick Ass Pictures.
(b) Notice to You—Electronic Notice. You consent to receive any notice from Kick Ass Pictures in electronic form either (1) by email to the last known email address Kick Ass Pictures has for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave Kick Ass Pictures for contacting you is a valid email address for receiving notice.
27.6 No Third-Party Beneficiaries. Except as set out in section 22, this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
27.7 Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
27.8 Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. When you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
27.9 Consumer Rights Information—California Residents Only. This section 27.9 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
Kick Ass Pictures Corp.
11705 Boyette Road, Suite 272
Riverview, Florida 33569
Users who wish to gain access to the members-only area of the Website must be a member in good standing. We post the current Fees for Membership on the join page. We may change the Fees at any time. Users may contact us at [email protected] to resolve any billing disputes or to receive further information about the Website.