Terms and Conditions

WEBSITE USER AND MEMBERSHIP TERMS AND CONDITIONS

These Website User and Membership Terms and Conditions govern your use and access to and/or membership in, the following network of Web sites, which currently includes:

babedazzle.com
(collectively, the "SITES," or individually, a "SITE" or "we/our").

IMPORTANT!

Membership to the SITE is subject to these Terms and Conditions which govern your use and access to the platform. By downloading, installing, viewing, printing, accessing, or using any materials from the SITE, or becoming a member, you agree to abide by these terms. This Agreement is bound by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). By clicking on the buttons that read 'I agree,' 'ENTER,' or any other button indicating your assent, you manifest your agreement to these Terms and Conditions. Without agreement to these terms, you cannot enter, access or use this SITE, and you must leave the SITE immediately without printing or downloading any materials. These Terms and Conditions apply to your use of the SITE, and any such usage must conform to them alone. You are solely responsible for attaining access to the SITE, which may involve third-party charges such as Internet service or airtime costs. You are responsible for these fees and those associated with the ads displayed on the SITE. Furthermore, you are responsible for obtaining all equipment necessary to access and use the SITE. It is essential to review these Terms and Conditions regularly and be conversant with them before using the SITE. By accessing the SITE, you verify that you have read, understood, and agreed to the terms and conditions delineated in this Agreement.

I. Images and Content

The SITE comprises various forms of media and information, including, but not limited to, text, images, graphics, data, software, messages, and any other content that exists on any other World Wide Web Site that SITE owns, operates, licenses, or controls.

II. Age of Majority and Membership

- Age of Majority

By accessing the SITE, you confirm and assure that you are of legal age, which is either 18 or 21 years depending on the age of majority in your jurisdiction, to enter into this Agreement. If you are below the legal age, you are prohibited from accessing the SITE, and you must leave the website immediately without printing or downloading any Materials. As a condition to access the SITE, you may be prompted to validate your birth date using the Birth Date Verifier™ form as outlined by 28 U.S.C. 1746. It is prohibited to circumvent any security measures or access features placed on the SITE. Furthermore, the SITE does not assume any responsibility or accountability for any falsehoods or misrepresentations concerning a user's age.

- Membership

You are prohibited from assigning, transferring or vending your membership to a third party. The SITE and its affiliates deny any responsibility for any liability that may arise from fraudulent utilization or entry into the SITE. In the event that a user fraudulently gains access, the SITE reserves the right to terminate the membership without delay and take the necessary measures under applicable federal, state, and international laws.

III. No Child Pornography

You acknowledge that all models depicted on the SITE are at least 18 years old, and that the SITE does not contain any form of child pornography. If you are searching for child pornography, you are required to exit the SITE immediately. All Materials displayed on the SITE are protected under the First Amendment, and the SITE firmly disapproves of child pornography and strictly prohibits such materials. If you happen to come across any images, whether real or simulated, that contravene child pornography laws, please report it immediately to the SITE. You should also provide any evidence, including the time and date of identification, along with your report. We are committed to cooperating with law enforcement agencies that investigate child pornography cases. To report any websites that participate in unlawful activities involving minors, please visit www.asacp.org. As a user, you are advised to activate parental control measures or use computer hardware, software, or filtering services to limit minors' access to harmful content.

IV. Access to, Limited License, and Interference with, SITE

- Access

If you wish to use the SITE or have access to its resources, you may be required to provide specific information during registration. As a condition for utilizing this SITE, you must ensure that all details you provide are accurate, updated, and comprehensive. If at any point the SITE deems the information provided to be inaccurate, dated, or incomplete, the SITE may deny you access to its resources and terminate or suspend your membership with immediate effect.

-Limited License

Upon agreeing to these Terms and Conditions and utilizing the SITE, you will be granted a restricted, non-exclusive, non-transferable, personal license to access and use the Materials on the SITE. The SITE has made available these Materials on the SITE for the personal, non-commercial use of viewers, subscribers, potential subscribers, fans, and visitors. You may make a single copy license that allows you to view the Materials on a single computer exclusively. Any other use of the Materials, apart from private, non-commercial purposes, is strictly prohibited. Furthermore, the SITE maintains the right to limit the quantity of materials viewed. You agree to refrain from unauthorized copying of the SITE, or any of the Materials it contains. This limited license is a means to using the SITE as intended and does not transfer title. You guarantee that no minor shall have been authorized to access this SITE and that none of the content on this SITE will be copied or distributed by you. Breaching any provision of this Agreement or violating any of the Conditions will result in immediate termination of this license by the SITE, requiring you to destroy all downloaded, copied, or printed information or materials immediately. Violators of this limited license will be prosecuted as per applicable law.

- Interference

You are not allowed to translate, reverse-engineer, decompile, disassemble, or create derivative works from the Materials on our SITE, except in cases where the law expressly permits it. The User agrees not to monitor or reproduce the SITE by using any automatic or manual device. In addition, you promise not to use any software, device, virus, or computer code to intrude, disrupt, or harm the SITE or any communication on it.

V. Restrictions on Use of SITE

VI. Membership

- Registration

To access the SITE, you must provide your own equipment and computer. Only members in good standing can access the non-public portion of the SITE. The SITE may modify its Materials and design at any time, with or without prior notice. To become a member of the SITE, you must complete an online registration form, pay the subscription fee, and get the application accepted by the SITE. By filling the registration form, you agree to provide accurate, current, and complete information about yourself, which will be your registration data. You must notify the SITE of any changes to your billing information or address. The SITE reserves the right to suspend or terminate your account and deny access to the SITE if you provide untrue, inaccurate, or incomplete information. You are liable for any associated fees and dishonored checks related to your account. The SITE may also subject you to civil or criminal charges.

- Member Account, Password, and Security

Upon registration, you must provide a unique user name and password to access the non-public section of the SITE. You certify that your selected username shall not misrepresent you or infringe third-party rights. The SITE may disallow or cancel any username, which violates these Terms and Conditions or is deemed inappropriate by the SITE. Your membership, ID, and password are non-transferable. You assert that you won't disclose your username and password or provide SITE access to anyone underage or unwilling to view SITE content. You are responsible for maintaining their confidentiality and notify SITE immediately of any unauthorized use or breach. Any unauthorized access to the SITE is illegal, and you indemnify the SITE for activities conducted through your account. You can get billing records related to your SITE usage upon request.

- Billing Errors

In case of any billing errors, please inform us immediately. If we don't hear from you regarding an error appearing on any account statement within 120 days, you accept the related charges as valid for all purposes, including inquiry resolution by your card issuer. Any error not reported to us within this 120-day window exempts us from liabilities and claims of loss resulting from the same.

VII. Termination

By using the SITE to purchase goods or services, you are accepting personal liability for any charges incurred up until your membership is terminated. Unless otherwise stated, the provisions of this Agreement will remain in effect after termination. After cancelling your membership, you will no longer have access to the non-public areas of the SITE. We reserve the right to issue a warning, suspend, or terminate your access to the SITE without notice if we suspect that you have breached any material term of the Terms and Conditions or related documents, fail to pay amounts due on time, cannot authenticate provided information, or may cause legal liability for yourself or other parties. You agree that neither SITE nor any third party acting on our behalf will be held liable for any such termination, and that you will not attempt to re-register without our written consent.

Furthermore, we may send commercial communications to you via email or other means of communication, unless you choose to opt-out of receiving such messages. If we present offers with an "OPT-IN" option, your selection of "accept" or "yes" indicates your agreement to provide your personal information to third parties for that offer. If we present offers with a pre-selected preference or choice and you do not deselect the pre-selected option (i.e., "OPT-OUT"), we may transfer your personal information to third-party service or content providers. If you do deselect the pre-selected option, your personal information will not be disclosed to any third party.

VIII. Disclaimer of Warranty

Apply to you. However, by using the SITE or any materials contained therein, you agree that you do so at your own risk. The SITE and all materials are provided "as is" and may contain contaminating or destructive properties. SITE assumes no responsibility or risk for your use of the internet or any goods or services obtained through the SITE. SITE Owner reserves the right to change any information on the site, including the terms of service, without notice, and makes no commitment to updating the information or materials.

The warranties and representations set forth in this agreement are the only warranties and representations concerning this agreement and replace all other warranties, written or oral, express, or implied. These warranties do not extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

XI. Disclaimer

The SITE strictly prohibits the provision of any services that violate the law. If we discover that you or any other user intends to provide or has provided services that violate the law, we will terminate your access to the SITE immediately. We disclaim any liability for damages that may arise from the provision of services that violate the law, and you agree to defend and indemnify us from any liability that may arise if you violate the law.

You also agree to defend and indemnify us in the event that any third party is harmed by your illegal actions, or if we are obliged to defend any claims arising from such actions. Our SITE contains material that may offend some third parties. You agree to indemnify and hold us harmless from any liability that may arise from your review of such material, and you agree to stop using the SITE if you find it offensive. If you are seeking services that are illegal, you may not use this SITE and should exit immediately.

Please note that all disputes related to the online store must be directed to the store and not the SITE.

XII. Links and Linking

The SITE has provided links to other websites that are third party owned and operated. As we have no control over these websites and their resources, you acknowledge and agree that we cannot be held responsible or liable for their availability, content, advertising, services, products, or any other materials that may be found on or through those sites. You also agree that we are not liable for any direct or indirect damages or losses resulting from the use of or reliance on any third-party content, goods or services available on or through any such website or resource.

If you choose to access any third-party website, you do so entirely at your own risk and are subject to the terms and conditions and privacy policies posted therein. Please note that the terms and conditions of use for third-party websites are governed by their own policies, and not our Terms and Conditions, Spam Policy, Webmaster Agreement, or Privacy Policy. These policies are incorporated by reference.

Links to external websites, including featured model linked websites, are provided for user convenience and do not constitute endorsement by the SITE of such websites or the content, products, advertising or other materials presented on those sites. Users access them at their own risk, and we expressly disclaim any liability for any damages incurred by any user in connection with the use of any website accessed through our SITE.

All users agree to hold the SITE harmless from any and all damages and liability that may result from the use of links that may appear on the SITE. We reserve the right to terminate any link or linking program at any time.

XIII. Trademark Information

The trademarks and service marks of the SITE and the SITES listed above are registered intellectual property of the SITE, and we take the protection of our intellectual property seriously. Any product and service names of other manufacturers mentioned on this site may be the property of their respective companies and are protected under exclusive ownership of such respective owners. Public use of any such trademarks and service marks without express written consent of the owners and/or holders is prohibited.

Any use of the SITE's marks, logos, domains, and trademarks must be accompanied by express written permission from the SITE. These marks may not be used in any way that could cause confusion among consumers or discredit the SITE.

XIV. Copyright Information

The Materials available on the SITE or any other website owned, licensed, or operated by SITE are proprietary and highly valuable intellectual property of SITE or the party responsible for providing those Materials to SITE. All rights, title, and interest in the Materials remain with SITE or the respective owner of the Materials. As such, the Materials cannot be copied, distributed, modified, republished, uploaded, posted, or transmitted without prior written consent from SITE. However, you may print out a copy of the Materials for personal use, provided that you do not remove or alter any copyright, trademark, service mark, trade name, or any other proprietary notice or legend on the Materials. Any action that violates SITE's intellectual property rights, including modification or use of the Content not expressly provided in these Terms and Conditions, is prohibited. SITE does not transfer title or intellectual property rights to you upon access to the SITE.

All Materials on the SITE, including text, graphics, photographs, videos, audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations, and software are the property of SITE or its content suppliers, and are protected by United States and international copyright laws. The SITE's compilation of all Materials is its exclusive property, protected by United States and international copyright laws, as well as other laws and regulations.

XV. Notice of Claimed Infringement

To protect the intellectual property of others, SITE adheres to the regulations of the United States Digital Millennium Copyright Act and urges our users to do the same. If there is reason to believe that copyright infringement has occurred or intellectual property rights have been violated, please submit the following information to SITE's Designated Copyright Agent: (a) a physical or electronic signature of the authorized representative of the copyright or intellectual property owner, (b) a description of the copyrighted work or intellectual property in question, (c) the location of the material in question on the SITE, (d) your contact information including address, telephone number, and email address, (e) a statement of good faith belief that the use has not been authorized by the copyright owner, its agent, or the law, (f) a statement made under the penalty of perjury affirming the notice's accuracy and your eligibility to act on behalf of the copyright or intellectual property owner. Send your Notice of Claimed Infringement to the following address:

(INSERT ADDRESS)

Please do not sent other inquires or information to our Designated Agent.

XVI. Notice and Takedown Procedures

The SITE implement the following notice and takedown DMCA

XVII. Export Control

It is understood that the software elements of the SITE's materials may be regulated by United States Government agencies such as the Department of Commerce, which bans software export or diversion to specific countries and third parties. Diverting such materials against United States or international law is prohibited. Assisting or engaging in any diversion or violation of applicable laws and regulations is strictly prohibited. It is warranted that no licensing or permission will be granted to any unauthorized party to receive controlled commodities according to laws and regulations, and the laws and regulations will be abided by. None of the materials can be acquired for, shipped, transferred, or re-exported, whether directly or indirectly, to embargoed countries or their nationals, nor can they be used for forbidden purposes.

XVIII. No Agency Relationship

This Agreement does not establish, create, suggest, warrant or acknowledge any partnership, employment, joint venture or formal business entity; and the parties are only bound to the rights and duties specifically stated in this Agreement.

XIX. Notice

- Notice

Under this Agreement, notice can be given by sending an email to a functional email address of the concerned party, by posting a notice on the SITE, or by delivering it in person through a commercial carrier such as FedEx or Airborne. Customers can give notices to SITE through electronic messages, unless mentioned otherwise in the Agreement.

- Change of Address

Both parties can obtain the address to which notice is supposed to be sent by providing written notice to each other according to this provision of the Agreement.

- When Notice is Effective

Delivery of notices is considered effective upon receipt. If notices are sent by overnight carrier, they will be considered delivered on the following business day after being sent. Notices sent by registered or certified United States Mail with return receipt requested will be considered delivered five (5) days after being mailed. Notices delivered by any other method will be considered given upon receipt. Notices communicated via email or facsimile, with confirmation from the transmitting device that the transmission was successful, are permissible under this Agreement, provided that they are delivered one (1) hour after being sent during the recipient's business hours, or by 9:00 a.m. (recipient's time) on the following business day. To change the designated address, fax number, and/or recipient for any notice or courtesy copy specified in this Agreement, either party may provide appropriate written notice to the other party.

- Refused, Unclaimed, or Undeliverable Notice

If a correctly addressed notice is refused, unclaimed, or undeliverable because of an act or omission of the Party being notified, it will be considered effective from the initial date when the notice was declined or considered undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.

XX. Communications not Private

SITE does not offer any provision for sending or receiving private or confidential electronic communications. All messages transmitted to SITE will be considered easily accessible to the public. Visitors should avoid utilizing this SITE to transmit any communication that the sender intends to be exclusively read by the sender and the targeted recipient(s). It is hereby notified that all messages inputted into this SITE are subject to reading by the agents and operators of this service, irrespective of whether they are the designated recipients of the messages.

XXI. Force Majeure

SITE will not be held liable for any failure to perform its obligations caused by unforeseen circumstances or reasons beyond our control, including but not limited to: natural disasters such as fire, floods, earthquakes, hurricanes, tropical storms, or other acts of God; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; transportation, facility, fuel, energy, labor, or material shortages; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server, or software, including Y2K errors or omissions, as long as the event continues to obstruct the SITE's performance.

XXII. General Provisions

- Governing Law

The laws of the State of Nevada, without its conflict of law provisions, shall govern these Terms and Conditions and all matters related to them. The parties acknowledge that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. Both parties agree to submit themselves to the jurisdiction of the state and federal courts situated in the State of Nevada. The exclusive venue for any permissible arbitration or litigation under this Agreement will be in the state and federal courts in Clark, Nevada.

- Right to Injunctive Relief

Both parties concede that legal remedies may be inadequate to compensate an aggrieved party fully if the other party violates the agreement. Therefore, in the event of such a breach, the aggrieved party has the right to seek injunctive relief, in addition to pursuing all other legal or equitable remedies available to them.

- Binding Arbitration

In case of any dispute between the Parties concerning this Agreement, they shall first try to resolve the issue through good faith negotiations. If direct negotiations fail to resolve the matter, either Party may submit the dispute to binding arbitration, subject to the Commercial Arbitration Rules of the American Arbitration Association as they currently exist. Arbitral Claims will cover, among other things, tort and contract claims of all nature, as well as all claims arising from federal, state, or local laws, regulations, or statutes, except those arising from applicable workers' compensation legislation, unemployment insurance claims, and actions for equitable relief such as injunctions, attachment, or garnishment. The arbitration shall take place in Clark County, Nevada, by a single arbitrator who is knowledgeable about Internet and e-commerce disputes. The arbitrator cannot award punitive or exemplary damages, certify a class action, add parties, alter or ignore the provisions of these Terms and Conditions, and will be bound by the applicable laws and regulations. Within thirty (30) days of the closure of the arbitration procedure, the arbitrator shall provide a written opinion detailing all of the significant aspects and the basis of the award. BOTH PARTIES HEREBY RENOUNCE ANY RIGHTS THEY MAY HAVE TO A JURY TRIAL IN RESPECT OF ANY ARBITRAL CLAIMS.

- Assignment

The privileges and obligations of the parties herein will be binding and advantageous to their respective assignees, successors, executors, and administrators, as appropriate.

- Severability

If, for any reason, a competent court or arbitrator determines that any clause of these Terms and Conditions, or any fraction thereof, is invalid, unenforceable, or unlawful, the provision will be enforced to the highest degree permissible, and the rest of the Terms and Conditions will remain in full force and effect.

- Attorneys Fees

In the event that any Party initiates legal action, arbitration, or other formal legal action to construe, execute, or resolve disputes about the terms and conditions of this Agreement, it includes claimed violations of warranties and representations; the litigant who prevails in such legal action is eligible to receive, in addition to any other remedies, all reasonable legal costs and attorneys' fees incurred in relation to such legal action, including those related to appeals.

- No Waiver

SITE's failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any later breach of the same provision. If a court of competent jurisdiction finds any term, clause, or provision in these Terms and Conditions to be unenforceable or invalid, such invalidity will not affect the validity or enforceability of any other term, clause, or provision. Instead, the invalid clause or provision will be deemed separated from these Terms and Conditions.

- Headings

The headings are provided for reference purposes only and are not intended to affect the interpretation, construction, or impact of these Terms and Conditions.

- Complete Agreement

These Terms and Conditions constitute the complete agreement between both parties concerning your membership with the SITE and your access and use of the SITE and the Materials therein. They replace all previous written or oral arrangements or agreements, both contemporary and preceding, as regards such subject matter. No change or amendment to these Terms and Conditions shall be effectual unless it is in writing and duly signed by an authorized representative of both parties.

- Modifications

SITE retains the right to modify any of the terms contained in this agreement, and it is your responsibility to review these Terms and Conditions each time you visit the website. Your continued use of the SITE after any updates to these Terms and Conditions will constitute your agreement to abide by any such revisions. SITE has no duty to provide advance notification of any changes made to this agreement. Unless explicitly approved in written form by SITE, you cannot amend these Terms and Conditions personally.

- Government Rights

The software components of the Materials have been generated at private expenditure and are regarded as commercial computer software that is limited in nature.

- Other Jurisdictions

SITE offers no assurance of suitability or accessibility of the SITE or any of its Materials in other geographical regions, where content may be criminalized or stated as forbidden. Accession of the same from such areas is voluntary, and those who undertake such actions are solely responsible for complying with all relevant regulations.

REFUND POLICY

Babedazzle.com does not provide monetary reimbursements; nevertheless, we may approve free monthly memberships as credits towards customer service disputes. Our billing process, which is implemented by either (INSERT PAYMENT) or our designated representatives, is equipped with significant safety measures to combat credit card fraud. Additionally, our Sites are integrated with numerous safeguards to prevent unintended charges. In rarest of the situations, such as enduring technical problems originating from our machinery, reimbursements will be granted to your credit card.

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