Last Updated: April 23, 2021
BW Entertainment, LLC, an Arizona limited liability company (“Company”), welcomes you to www.bateworld.com (“Website”). It is important to us that you and other visitors have the best experience while using our Website, and that, when you use our Website, you understand your legal rights and obligations. Please read this terms-of-service agreement, which is a legal agreement between you and us that governs your use of our Website, including any content, functionality, and services offered on or through the Website. You may access our Website only if you agree to this agreement. Please pay attention to the following: (1) disclaimer of warranties (section 17); (2) limitation of liability and exclusion of damages (sections 18 and 19); (3) place for resolving disputes (section 23.2); (4) mandatory arbitration (section 23.3); (5) class action waiver (section 23.7); and (6) limitation on time to file disputes (section 23.8).
Notice Regarding Dispute Resolution: This agreement contains provisions that govern how claims you and we may have against each other are resolved (see section 23 below), including an agreement to arbitrate disputes, which will require you to submit claims you have against us to binding arbitration. Please read the arbitration provision (section 23.3) in this agreement as it affects your rights under this agreement.
Minors Prohibited: Our Website may have adult-oriented content and the Website is thus not intended for children. Only individuals (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access our Website. We forbid all individuals who do not meet these age requirements from accessing our Website.
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 may 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 we provide for informational purposes only and do not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Notice about Recurring Premium Memberships: Some premium memberships automatically renew under this agreement unless you cancel before the end of your term. To cancel an automatically renewing premium membership, contact the payment processor you signed up through. On renewal, your payment method will automatically be charged at the rate in effect at the time you originally signed up.
Material Exploitative of Children 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 within 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 fully cooperate with any law enforcement agency investigating alleged child exploitation or sexual abuse of minors.
Prostitution and Sex Trafficking Prohibited: We prohibit using the Website or its interactive services in any way to engage in, take part in, aid, support, promote, ask for, or ease any act of prostitution of another person or sex trafficking of another person. This includes using the Website or its 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 account of any person engaging in any prostitution or sex trafficking, and we will report all individuals suspected of promoting or facilitating the prostitution of another person or sex trafficking to the appropriate law enforcement agency. We will fully cooperate with any law-enforcement agency investigating prostitution or sex trafficking.
1.1 The Website allows users to view, download, upload, discuss, and share user-generated content, including sexually explicit images and videos. By accessing the Website, you may be exposed to graphic depictions, nudity, adult language, and descriptions of explicit sexual activity. Access and registration to the Website are free, but you must buy a premium membership to access certain features and content.
1.2 This agreement applies to all users of the Website, whether you are a “visitor” or a “registered user.” By clicking on the “I Agree” button on the warning page, checking the appropriate box during registration, buying a premium membership, or accessing any part of the Website, you agree to this agreement. If you do not want to agree to this agreement, you must leave the Website. If you breach any part of this agreement, we may revoke your license to access the Website, block your access, and suspend or cancel your account (if you have one).
1.3 We are not liable for anything that you post or say while you are on the Website. We do not monitor the content posted to the Website, but if we do see, or someone tells us that you have posted, something that we consider inappropriate or offensive, we will remove it and may take appropriate action against you. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You must take responsibility for what you post.
1.4 We may change this agreement on one or more occasions by updating this page. The top of this page will tell you when we last updated this agreement. Changes take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. We will try to let you know when we change this agreement if we can do so in a reasonable way. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. We will consider your continued use of the Website after we post the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to cancel your account and stop accessing the Website.
1.5 If you have any questions about this agreement or any questions or comments about the Website, please email us at [email protected].
2. Adult-Oriented Content; Eligibility. The Website contains uncensored sexually explicit material unsuitable for minors. Only individuals (1) who are at least 18-years old, (2) who are male or who identify as male, and (3) who have reached the age of majority where they live may access the Website. If you do not meet these requirements, you must not access the Website and must leave now. By accessing the Website, you state that the following facts are accurate:
2.1 You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to enter this agreement;
2.2 You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexual nature, which may include graphic visual depictions and descriptions of nudity and sexual activity;
2.3 You are voluntarily requesting adult-oriented materials for your private enjoyment;
2.4 You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of applicable law;
2.5 You will not share these materials with a minor or otherwise make them available to a minor;
2.6 All information you provide to the Company is accurate, and you will promptly update this information when necessary to make sure that it remains accurate; and
2.7 You own the credit card you pay with and authorize the Company (or its authorized payment processor) to charge your credit card for the paid services.
3. Accessing the Website. We may withdraw or amend our Website, and any service or material provided on it, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website and its content.
4. Your Account
4.1 Account Creation. To access many of the Website’s features, you must create an account. Registration is free and for a single user only. To register, you must complete the registration process by providing accurate information as prompted by the registration form. You also must choose a password and a username. You must not choose a username that infringes a person’s service mark, trademark, or trade name. By creating an account, you state to us that (a) all account registration and profile 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 own personal use, and you will not sell, rent, or transfer your account to any third party.
4.2 Responsibility for Account. You are responsible for keeping your password and account confidential. Further, you are responsible for all activities that occur under your account. You must promptly notify us of any unauthorized use of your account or any other security breach. You must not sell, rent, lease, share, or provide access to your account to anyone else, including charging anyone for access to administrative rights on your account. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason or no reason, including if, in our opinion, you have breached any part of this agreement.
4.3 Liability for Account Misuse. We will not be liable for any loss that you may incur because of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by us or another person because of someone else using your password or account.
4.4 Use of Other Accounts. You must not use anyone else’s account at any time.
4.5 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.
5. Intellectual Property Rights
5.1 Ownership. The Company owns and operates the Website. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by the Company, its licensors, or other providers of those Materials. United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
5.2 License Grant. The Company hereby grants you a limited, nonsublicensable license (i.e., a personal and limited right) to access and use the Website and the Materials for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
(a) Your computer may temporarily store copies of the 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 download or stream any audiovisual content to which you have properly gained access solely 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, subject to our 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.
5.3 License Restrictions
(a) You must not:
(i) Modify copies of any Materials from the Website.
(ii) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
(iii) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials from the Website.
(b) You must not access or use for any commercial purposes any part of the Website or the Materials available through the Website unless we agree otherwise in writing.
(c) If you print, copy, modify, download, record, or otherwise use or provide any other person with access to any part of the Materials in breach of this agreement, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the Materials you have made. No interest in or to the Website or any Materials on the Website is transferred to you, and we reserve all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
5.4 Trademarks. The Company’s name and logo; the terms BATEWORLD, THE BATE SHOP, and THE BATOR BLOG; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Company, its affiliates, or licensors. You must not use those marks in whole or in part in connection with any product or service that is not ours, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us, without first obtaining our prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply our endorsement, sponsorship, or recommendation or any other affiliation.
6. Prohibited Uses
6.1 You may use the Website only for lawful purposes under this agreement and the Website’s Community Guidelines. You must not use the Website:
(a) In any way that violates any applicable federal, state, national, provincial, local, or international law or regulation (including any laws about the export of data or software to and from the US or other countries).
(b) 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.
(c) To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards stated in this agreement or the Community Guidelines.
(d) 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.
(e) To impersonate or try to impersonate us, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we decide, may harm us or our Website’s users or expose them or us to liability.
6.2 Additionally, you must not:
(a) 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.
(b) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Materials.
(c) Use any manual process to monitor or copy any of the Materials or for any other unauthorized purpose without our prior written consent.
(d) Use any device, software, or routine that interferes with the proper working of the Website.
(e) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
(f) 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.
(g) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
(h) Otherwise try to interfere with the Website’s proper working.
7. User Contributions
7.1 In General. The Website allows users to distribute various digital content; to use services, such as chat, forum postings, and interactive services; and to participate in other activities and interactive features (collectively, “Interactive Services”) in which you may create, post, submit, publish, display, perform, transmit, or store content, messages, text, sound, images, applications, code, or other data or materials on the Website (collectively, “User Contributions”). All User Contributions must comply with the Content Standards stated in section 9 and the Website’s Community Guidelines. Any User Contribution you post to the Website will be considered nonconfidential and nonproprietary.
7.2 License Grant. By posting 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 an unrestricted, worldwide, fully sublicensable, non-exclusive, royalty-free license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display those User Contributions (including for promoting and redistributing any part of the Website (and derivative works of them)) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit with those User Contributions. In addition, you also hereby grant each other user of the Website a worldwide, nonexclusive, royalty-free license to access your User Contributions through the Website, and to use those User Contributions, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Website (such as video playback or embeds). This license does not grant any rights or permissions for a user to make use of your User Contributions independent of the Website. The licenses granted by you continue for a commercially reasonable period after you remove or delete your User Contributions from the Website. You understand, however, that we may retain, but not display, distribute, or perform, server copies of your User Contributions that have been removed or deleted.
7.3 Representations and Warranties. You acknowledge that you are responsible for any User Contribution you post, and you, not us, have full responsibility for that User Contribution, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any person for the content or accuracy of any User Contribution posted by you or any other user. You state that the following facts are accurate about the User Contributions you post on or through the Website: (a) you own or control all rights in and to 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; (b) your User Contributions do not and will not infringe, violate, or misappropriate any third-party right, including any copyright, service mark, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or defame any other person; (c) your User Contributions include no viruses, adware, spyware, worms, or other harmful or malicious code; and (d) your User Contributions otherwise comply with this agreement, including the Content Standards stated in section 9, and the Website’s Community Guidelines.
7.4 Content is Uploaded at Your Own Risk. We use reasonable security measures to protect User Contributions against unauthorized copying and distribution. However, we do not guarantee that any unauthorized copying, use, or distribution of User Contributions by third parties will not take place. To the fullest extent permitted by applicable law, we will not be liable for any unauthorized copying, use, or distribution of User Contributions by third parties, and you release and forever waive any claims you may have against us for any such unauthorized copying or usage of the User Contributions. We provide security measures to protect User Contributions “as is” and without any warranties, guarantees, conditions, or assurances that those security measures will withstand attempts to evade security mechanisms or that there will be no cracks, disablements, or other circumvention of those security measures.
7.5 Obligations Under 18 U.S.C. § 2257. Under United States law, any visual depictions that you post or share on or through the Website that portrays “actual sexually explicit conduct,” “depictions of the genitals or pubic area,” or “simulated sexually explicit activity,” as those terms are defined in 18 U.S.C. §§ 2256(2)(A)(i)–(iv) and 2257A, require that you keep the records listed under 18 U.S.C. § 2257, and any such postings must contain an “18 U.S.C. § 2257 Record-Keeping Requirements Compliance Statement.” Your failure to comply with 18 U.S.C. § 2257 may make you subject to criminal and civil prosecution for the violation of federal law.
8. Monitoring and Enforcement; Termination
8.1 We may:
(a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
(b) Take any action concerning any User Contribution that we consider necessary or appropriate in our sole discretion, including if we believe that the User Contribution violates this agreement, including the Content Standards stated in section 9 or the Website’s Community Guidelines, infringes any intellectual property right or another right of any person or entity, threatens the personal safety of the Website’s users or the public, or could create liability for us;
(c) Disclose your identity or other information about you to the extent required by law to any third party who claims that material posted by you violates their rights, including their intellectual-property rights or their right to privacy;
(d) Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website; or
(e) Terminate or suspend your access to all or part of the Website for any reason or no reason, including violation of this agreement.
8.2 We will fully cooperate 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 hold harmless the Company and its affiliates, licensees, and service providers from any claims resulting from any action taken during, or taken as a consequence of, investigations by either the Company or law enforcement authorities.
8.3 We do not undertake to review material before it is posted on the Website, but if we become aware of objectionable material, we will promptly remove it. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section 8.
9. Content Standards. These content standards apply to all User Contributions and the use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, national, provincial, local, and international laws and regulations. User Contributions must not:
9.1 Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
9.2 Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
9.3 Infringe any copyright, patent, trademark, trade secret, or other intellectual property or other rights of any other person.
9.5 Be likely to deceive any person.
9.6 Promote or solicit any illegal activity, or advocate, promote, or assist any unlawful act, including promoting or facilitating the prostitution of another person, sex trafficking, or human trafficking.
9.7 Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
9.8 Impersonate any person or misrepresent your identity or affiliation with any person or organization.
9.9 Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
9.10 Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
9.11 Contain viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, mobile device, or telecommunications equipment.
9.12 Depict private or personal information of any person without their written consent.
9.13 Request personal information from or share personal information with any other user, including financial information, email address, telephone number, or mailing address.
9.14 Request money from, or otherwise defraud other Website users.
9.15 Discuss or depict children, pedophilia, child exploitation, age-play, incest, rape or nonconsensual sex, extreme violence, torture, nonconsensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse or bondage, genital mutilation, bestiality, urination, defecation, enema play, vomiting, menstrual bleeding, paraphilia, or any other matter that would be considered obscene under the applicable community standards.
10. Copyright Infringement. If you believe that any User Contribution violates your copyright, please see the Copyright Policy for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.
11. Third-Party Content
11.1 In addition to the User Contributions, we may provide other third-party content on the Website (collectively, “Third-Party Content”). We do not control or endorse any Third-Party Content and make no representation or warranties about the Third-Party Content, including its accuracy or completeness. We do not create Third-Party Content, update it, or monitor it. Thus, we are not responsible for any Third-Party Content on the Website.
11.2 You are responsible for deciding if you want to access or use third-party websites or applications that link from the Website (“Reference Sites”). We do not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through them, and we are not making any representations or warranties about the Reference Sites. Further, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website are solely between you and that advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
12. No Offsite Communications. You will not use the Interactive Services to arrange face-to-face meetings outside of the Website with any other user, including exchanging money or other consideration for sex or companionship. We prohibit any form of interaction with a user outside of the Website or the Interactive Services. If you do, you do so at your own risk, and we will not be liable to you for anything that happens outside of the Website with any user you meet on the Website.
13. Changes to the Website. We may update the Materials on this Website from time to time, but the Website’s Materials are not necessarily complete or up to date. The Website’s Materials may be out of date at any given time, and we are not required to update those Materials.
15. Premium Membership, Billing, and Cancellation
15.1 Premium Membership
(a) Recurring Premium Membership. Unless you buy a nonrecurring premium membership, your premium membership will continue month-to-month (or any longer-term selected) and automatically renew unless you cancel your premium membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment. The Company or its authorized payment processor will bill the premium membership fee to your chosen payment method. You must cancel your premium membership before it renews each term to avoid billing of the next term’s premium membership fees to your chosen payment method.
(b) Differing Premium Memberships (including Nonrecurring Premium Memberships). We may offer several premium membership plans, including special promotional plans or premium memberships with differing conditions and limitations, including nonrecurring premium memberships. Any different material terms from those described in this agreement will be disclosed at your signup or in other communications made available to you. All nonrecurring premium memberships expire at the end of selected term, and on expiration, revert back to a basic membership.
(a) Billing for Recurring Premium Memberships. If you buy a recurring premium membership, you hereby authorize the Company or its payment processor to charge you a premium membership fee at the rate in effect when you originally signed up, and any other charges you may incur in connection with your use of the Website, such as taxes or possible transaction fees. Your recurring premium membership will continue for the length of the initial term you select, and, at the end of your initial prepaid term, it will automatically renew for additional prepaid periods of the same length. You must cancel your premium membership before it renews to avoid billing of the next term’s premium membership fees to your payment method. Your account will automatically be charged at the rates in effect at the time you originally signed up.
(b) Price Changes. We may adjust pricing for our service or any components of it in any way and at any time, as we may determine in our sole discretion. Any price changes will not affect your current premium membership (including any renewals) unless we give you 30 days advance email notice to you.
(c) Billing Disputes. If you believe that we have charged you in error, you must us in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify us in writing of a dispute within this 30-day deadline, you waive any disputed charges. You must submit any billing disputes in writing to [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.
(d) Chargebacks. You are liable to us for any credit card chargebacks or related fees that we incur on your account. If you fail to pay us for any credit card chargeback or related fees no later than 30 days after its initial demand for payment, you must pay us $100 in additional liquidated damages, plus any costs we incur for each chargeback or related fee.
(e) Refunds. We consider all purchases final when made, except that we may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist, please contact us at [email protected] and explain the exceptional circumstances that you believe merits a refund. We are not making any promise that we will give you a refund. If we provide you a refund, we will issue the refund in the form of a credit to the payment method you used for your purchase; we will not make refunds in the form of cash, check, or free services. The provision of a refund in one instance does not entitle you to a refund in the future for similar cases; nor does it obligate us to provide refunds in the future under any circumstance.
(f) Cancellation of Recurring Premium Membership. You may cancel your recurring premium membership at any time, and you will continue to have access to the Website through the end of your premium membership term. At the end of your premium membership term, your premium membership will revert back to a basic membership. We do not provide refunds or credits for any partial-term premium membership periods. To cancel your recurring premium membership, please contact the payment processor that you signed up through or email us at [email protected].
16. Use Outside of the United States. The Website’s owner is based in the state of Arizona in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with local laws.
17. Warranty Disclaimers
17.1 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 material posted on the Website or on any website linked to it.
17.2 You use the Website, the Materials, and any services or items obtained through the Website at your own risk. We provide the Website, the Materials, and any services or items obtained through the Website “as is” and “as available,” without making any warranty, either express or implied. Neither we nor any person associated with us is making any warranty with respect to the Website’s completeness, security, reliability, quality, accuracy, or availability. Neither we nor anyone associated with us is making any warranty (1) that the Website, the Materials, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through it will otherwise meet your needs or expectations.
17.3 We are not making any warranty about the Website, whether express, implied, statutory, or otherwise, including any warranties of merchantability, noninfringement, and fitness for a particular purpose. No advice or information, whether oral or written, obtained from us, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
18. Limitation of Liability; Release
18.1 The Company, its members, managers, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
(a) Errors, mistakes, or inaccuracies of Materials (including User Contributions).
(b) Personal injury or property damage resulting from your access to and use of the Website or the Materials (including User Contributions).
(c) Materials (including User Contributions) or conduct that are infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal.
(d) Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data.
(e) Interruption or cessation of transmission to or from the Website.
(f) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software.
(g) Incompatibility between the Website and your other services, hardware, or software.
(h) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website.
(i) Loss or damage incurred because of the use of any Materials (including User Contributions) posted, emailed, sent, or otherwise made available through the Website.
18.2 You hereby release the Company, its members, managers, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of your User Contributions or the conduct of other users or third parties, including disputes between you and one or more other users or third parties.
19. Exclusion of Damages; Exclusive Remedy
19.1 Unless caused by its gross negligence or intentional misconduct, the Company, its members, managers, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the Materials. This exclusion applies regardless of the theory of liability and even if you told us about the possibility of those damages or we knew or should have known about the possibility of those damages.
19.2 The Company, its members, managers, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the Materials. This exclusion applies regardless of the theory of liability and even if you told us about the possibility of those damages or we knew or should have known about the possibility of those damages.
19.3 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using the Website. The maximum liability of the Company and its members, managers, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers to you for any claim will not exceed the greater of $250 and the amount you have paid for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.
20. Waiver of Section 1542. With respect to the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
You hereby waive all rights under section 1542 and under any other federal or state statutes or laws of similar effect.
21. Scope of Disclaimers, Exclusions, and Limitations. The disclaimers, exclusions, and limitations stated in sections 17, 18, and 19 apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limitations will not apply to you.
22.1 In General. You will pay the Company, its members, managers, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (collectively, “Indemnified Parties”) for any loss of an Indemnified Party that is caused by any of the following: (a) your access of, or conduct on, the Website, including your User Contributions; (b) your conduct offline; (c) your breach of this agreement or the Website’s Community Guidelines; (d) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (e) your violation of any applicable law; (f) your tortious acts or omissions; or (g) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s intentional misconduct.
22.2 Definitions. “Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
22.3 Indemnified Party’s Duty to Notify You. If the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
22.4 Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate in good faith on a claim.
22.5 No Exclusivity. The Indemnified Parties’ rights under this section 22 do not affect other rights they might have.
23. Dispute Resolution
23.1 Governing Law. Arizona law governs all matters arising out of or relating to the Website or this agreement, without giving effect to any conflicts of law principles. The predominant purpose of this agreement is to provide services and to license access to intellectual property and not a “sale of goods.” This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
23.2 Jurisdiction and Venue. All disputes arising out of or relating to the Website or this agreement that are not subject to arbitration will be subject to the exclusive jurisdiction and venue of the United States District Court for the District of Arizona or any state court of competent jurisdiction in Maricopa County, Arizona, and each party hereby submits to the personal jurisdiction of those courts. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.
23.3 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of or relating to the Website or this agreement, a party may demand that any such dispute be resolved by binding arbitration administered by the Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) under its rules available at www.arbresolutions.com, and each party hereby consents to any such dispute being so resolved. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The arbitrator may grant whatever relief that would be available in a court at law or in equity, except that the arbitrator must not award punitive or exemplary damages, or damages otherwise limited or excluded in this agreement. The arbitrator’s award will include costs of arbitration, reasonable legal fees under section 23.5, and reasonable costs for expert and other witnesses. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
23.4 Injunctive Relief. The parties acknowledge that breach by either party of the obligations under this agreement could cause irreparable harm for which damages would be an inadequate remedy. Nothing in this section 23 will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Website, in each case without posting a bond or other security and without proof of actual money damages in connection with the claim.
23.5 Recovery of Expenses. In any proceedings between the parties arising out of or relating to the subject matter of this agreement, the prevailing party will be entitled to 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. For purposes of this section 23.5, “prevailing party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.
23.6 Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.
23.7 Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
23.8 Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
24.1 Entire Agreement. This agreement and the Website’s Community Guidelines constitutes the entire agreement between you and us about your use of the Website, and it supersedes all earlier or contemporaneous agreements between you and us. Any additional terms on the Website will govern the items to which they pertain.
24.2 Changes. We may change this agreement on one or more occasions. We will post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to ongoing disputes or disputes arising out of or relating to events happening before the posted changes. While we will try to notify you when we change this agreement, we do not assume any obligation to do so, and it is your responsibility to check this page to review the most current agreement frequently. By continuing to use the Website after we post changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at [email protected].
24.3 Assignment and Delegation. We may assign our rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without our prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 24.3 is void.
24.4 Waiver. If we fail to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.
24.5 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
(a) Notice to Us. You may give notice to us by email at [email protected] unless the Website specifies a different email address for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to us.
(b) Notice to You—Electronic Notice. You consent to receive any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice.
24.7 Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
24.8 No Third-Party Beneficiaries. Except for the Indemnified Parties, who are third-party beneficiaries of section 22 of this agreement having the right to enforce 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.
24.9 Successors and Assigns. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.
24.10 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 you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to or through the Website regardless of whether they are the intended recipients.
24.11 Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that 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.
24.12 Consumer Rights Information—California Residents Only. This section 24.12 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
BW Entertainment, LLC
8485 E. McDonald Dr., Suite 241
Scottsdale, Arizona 85250
Users who want to gain access to the premium member area of the Website must buy a premium membership and be a premium member in good standing. We post the current premium membership fees for the Website on the premium membership signup page. We may change the premium membership fees at any time. Users may contact us at [email protected] to resolve any billing disputes or to receive further information about the Website.
24.13 Complaints—California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
24.14 Unsolicited Idea Submission Policy. We and our employees do not accept or consider unsolicited ideas, suggestions, proposals, comments, or materials, including new or improved products, services or technologies, product or service enhancements, processes, advertising campaigns, promotions, marketing plans, or new product or service names (collectively, “Submissions”). Please do not send any Submissions in any form to us or any of our employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when our products, services, marketing, or other projects might seem similar to any Submissions made to us. If, despite our policy, you still submit your ideas to us, the following terms will apply to your Submissions, regardless of what your communication states. You acknowledge that: (1) we will consider the Submissions to be nonconfidential and nonproprietary; (2) we may use, copy, redistribute, and disclose the Submissions for any purpose in any way, without compensation to you or any other person or party; and (3) we will have no obligations for the Submissions, including no obligation to review the Submissions, return any materials, or acknowledge receipt of the Submissions. If you do not agree to these terms, please do not send us any Submissions.
24.15 Feedback. While we cannot accept unsolicited ideas, we always welcome feedback on our existing business. If you want to send us your feedback, please only provide specific feedback on our existing business and do not include ideas that the policy stated in section 24.14 prohibits. Any feedback you provide is considered nonconfidential and nonproprietary. We will be free to use that information on an unrestricted basis with no compensation to you or any other person or party.
24.16 Survival. On termination of this agreement, any provision which, by its nature or express terms should survive, will survive the termination of this agreement.
24.17 Your Comments and Concerns. You should direct all feedback, comments, requests for technical support, and other communications relating to the Website to us at [email protected].