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Terms & Agreements

 Last Modified 7/20/10

DEFINITIONS

The following definitions apply to the Terms of Use agreement.

The terms “User” means any person or entity that (a) downloads, attempts to download or otherwise utilizes any uniform resource locator (”URL”) that resides entirely upon a server owned or operated by Pink and White Productions Inc; (b) Transmits electronic mail, files or other data transmission, information or other matter onto any network owned or operated by Pink and White Productions Inc or onto the Site (whether via private Transmission or public upload posting); (c) is linked to a URL resource owned or operated by Pink and White Productions Inc; and (d) contacts, accesses or views Pink and White Productions Inc or the Site, whether through the use of any telecommunications network or otherwise. The term User includes “ Member”.

The term “Member” means a User who pays a fee (determined from time to time by Pink and White Productions Inc in it’s sole discretion) and is granted access to certain areas of the SITE only after successfully completing login protocols established from time to time by Pink and White Productions, including without limitation, through the use of an approved User name and password.

The term “Content” means all data, text, software, music, sound, photographs, graphics, video, messages or other information or materials of any kind.

The term “Services” means all resources (including Content) provided via or available on the Site at any time, including without limitation, and by way of example only, a User’s ability to (i) access or view Content, and to login into the Site as a Subscriber and create or change such Subscriber’s Registration Data (defined below); (ii) communicate with the Site and other Users via the Site (including without limitation the ability to download or upload Content or other information or material, post messages and participate in groups or forums); and (iii) shop or utilize other available services, including authorizing charges to such User’s credit or debit card, checking account or telephone invoice in order to make purchases or pay subscription fees related to the Site.

The term “SITE” means the website www.heavenlyspire.com which is owned by Pink and White Productions Inc.

TERMS OF USE

These Website User and Membership Terms and Conditions govern the use and access to and/or membership in the SITE www.heavenlyspire.com . These Terms and Conditions also govern the User’s membership to the SITE if they become a member.
By accessing, using, viewing, reading, printing, installing, or downloading any material from the SITE, or becoming a member to the SITE, you ( the User ) agree to be bound by these Terms and Conditions. You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax or merely accessing the SITE, whether you have read these Terms and Conditions or not. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.

Revisions to this Policy: We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. The user should periodically check this web page for any modifications regarding these Terms and Conditions by re-visiting this web page and using the “refresh” button on the user’s browser. The user should note the date of last revision to this page, which appears at the top of this page.

The user is solely responsible for obtaining access to the SITE and that access may involve third party fees (such as Internet service provider or airtime charges). User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

Content : This SITES contains photo images, video and audio recordings, text, and graphics. All Materials displayed on the SITE are protected by the First Amendment rights to Free Speech, Free Expression, and Freedom of the Press, and parallel provisions of other constitutional provisions and state constitutions. You acknowledge that the SITE may offer online content that could be deemed “adult” or “erotic” in nature. Additionally, you are on notice that some of the Materials presented on the SITE may contain graphic visual depictions, graphic audio, and descriptions of sexually oriented, explicit activities. You acknowledge that you are aware of the nature of the Materials provided by the SITE, that you are not offended by such Materials, and that you access the SITE freely, voluntarily, and willingly. You also acknowledge that this SITE is intended to contain only images protected by the First Amendment to the United States Constitution.

If you are seeking information regarding illegal activities, please leave this SITE immediately.

By entering this website, you agree to release, discharge, and hold harmless the providers, owners and creators of this website from any and all liability which might arise from viewing or reading the adult content on this website

You further agree not to use or access the SITE if doing so would violate the laws of your state, province or country.

Age of Majority and Membership: You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the SITE immediately and may not use or access the SITE or print or download any Materials from them. You agree not to bypass any security and/or access feature on this SITE. Additionally, the SITE does not assume any responsibility or liability for any misrepresentations regarding a user’s age.

You will not allow any minors to view any content from this website. You will not allow any person who is under the jurisdiction of any municipality, city, state, country, or other governmental entity where viewing adult content is prohibited by law, view any content on or from this website.

Membership: All Members of the Service shall receive a unique user name and password. Members agree to exit from their account at the end of each session. Membership, the user name and password are nontransferable and non-assignable. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Pink and White Productions Inc of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. The SITE and its affiliates disclaim any and all liability arising from fraudulent entry and use of the SITE. If a user fraudulently obtains access, the SITE may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.

Access: Access. To access the SITE or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this SITE that all information you provide will be correct, current, and complete. If the SITE believes the information you provide is not correct, current, or complete, the SITE has the right to refuse you access to the SITE or any of its resources, and to terminate or suspend your access at any time.

Download Limit: As a member in good standing, you have unlimited access to streaming movies, and you may download up to 10 GB of data in any 30-day period. Upon reaching this limit, you may be denied access to download any additional data until the beginning of the next period.

Licence: Subject to these Terms and Conditions and in consideration of using the SITE, the SITE hereby grants you a limited, nonexclusive, nontransferable personal license to access and use the SITE and the Materials contained therein. The SITE provides the Materials on this SITE for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said SITE. Users of this SITE are granted a single copy license to view Materials (on a single computer only). All Materials on the SITE shall be for private non-commercial use only, and all other uses are strictly prohibited. SITE reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of the SITE, or any of the Materials contained therein. Any unauthorized use of the SITE or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the SITE for its intended purpose and is not a transfer of title. You represent and warrant that you will not allow any minor access to this SITE and that you will not copy or redistribute any of the content appearing on this SITE. SITE reserves the right to terminate this license at any time if you breach or violate any provision of this Agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this SITE. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.

Interference: Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from our SITE’s Materials. User hereby agrees not to use any automatic device or manual process to monitor or reproduce the SITE, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the SITE or any communications on it.

Fees: You agree to pay all membership fees when due according to these billing terms. Your account will be charged for the entire subscription period upon account activation. At the time of registration, you must select a payment method. SITE reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due more than thirty (30) days after the invoice date, your membership will be terminated. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods with or without prior notice to you, at any time. THIS SITE USES AN AUTOMATIC REBILL CYCLE ACCORDING TO THE USER’S SELECTED PAYMENT OPTION

Billing Erorrs: If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

Termination:
A. You may terminate your account at any time by requesting a cancellation from a link in the Member Services section of the Site or by by following the links to Customer Support found in the footer of every page of the site, and providing a notice of your intent to cancel the membership along with your username; and the e-mail address on record or your full credit card number. .

B. You are responsible for all charges incurred up to the time the account is deactivated, whether or not such charges were actually incurred by you. Deactivation of the account does not effectuate a cancellation of charges already incurred.

Without limiting other remedies, the SITE may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the SITE and refuse to provide our services to you at any time, with or without advance notice, if:

1. SITE believes that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference;

2. You fail to pay any amount due by the payment due date;

3. We are unable to verify or authenticate any information you provide to us;

4. We believe that your actions may cause legal liability for you, our users or us; or

5. SITE decides to cease operations or to otherwise discontinue any of the SITE or parts thereof.

You expressly agree that use of the SITE or any of the materials contained therein is at your own and sole risk. The SITE and all materials contained therein are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. SITE makes no representations or warranties that the SITE or any materials contained therein will be uninterrupted, timely, secure, or error free; nor does SITE make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy or completeness of the SITE or any of the materials contained therein. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the SITE or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that SITE cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. SITE does not assume any responsibility or risk for your use of the internet. SITE makes no warranty regarding any goods or services purchased or obtained through the SITE or any transaction entered into through the SITE and is not responsible for any use of confidential or private information by sellers or third parties. SITE owner may change any of the information found at this SITE at any time without notice including the terms of service without notice. SITE owner makes no commitment to update the information found at this SITE. SITE makes no commitment to update the materials. The warranties and representations set forth in this agreement are the only warranties and representations with respect to this agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will 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.

Disclaimer: The provision of any services which is in violation of any laws is strictly prohibited. If we determine that you or any user has provided or intends to purchase or provide any services in violation of any law, your ability to use the SITE will be terminated immediately. We do hereby disclaim any liability for damages that may arise from any user providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold us harmless from any liability that may arise should you violate any law. You do also hereby agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party not affiliated with this SITE. Our SITE contains material that may be offensive to third parties. You do hereby agree to indemnify and hold us harmless from any liability that may arise from reviewing such material and warrant and agree to cease review of the SITE should you find it offensive. If you are seeking services that are in violation of any applicable laws whatsoever, you may not use this SITE and do hereby agree to exit it immediately. Thus, all disputes relating to the online store shall be directed to the store, and not the SITE.

Limited Liability: PINK AND WHITE PRODUCTIONS INC, SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PINK AND WHITE PRODUCTIONS INC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PINK AND WHITE PRODUCTIONS INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnity: You agree to defend, indemnify, and hold harmless the SITE, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the SITE or any of the Materials contained therein, or your breach of any of these Terms and Conditions.

Modifications and Interruption to Service: Pink and White Productions Inc reserves the right to modify or discontinue the Service with or without notice to the Member. Pink and White Productions Inc shall not be liable to Member or any third party should Pink and White Productions Inc exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Pink and White Productions Inc does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites: This SITE may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

Trademark Information: This SITE and the aforementioned names of the SITES are service marks and/or trademarks of the SITE. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. The SITE’s marks, logos, domains, and trademarks may not be used publicly except with express written permission from SITE, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits SITE.

Copyright Information: The Materials accessible from the SITE, and any other World Wide Web Site owned, operated, licensed, or controlled by SITE, is the proprietary information and valuable intellectual property of SITE or the party that provided the Materials to SITE, and SITE or the party that provided the Materials to SITE retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of SITE, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violates the SITE’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the SITE. All Materials included on the SITE, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of the SITE or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the SITE is the exclusive property of the SITE or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.

Notice of Claimed Infringement The SITE respects the intellectual property of others, and we ask our users to do the same. We voluntarily observe and comply with the United States’ Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SITE’s Designated Copyright Agent the following information:

A. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

B. Description of the copyrighted work or other intellectual property that you claim has been infringed;

C. A description of where the material that you claim is infringing is located on a SITE;

D. Your address, telephone number, and email address;

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

F. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

You may send your Notice of Claimed Infringement to:
A. Austin
Austin Law Group
The Austin Law Group
799 Castro Street
San Francisco CA 94114

Phone: 415-282-4511
Fax: 415-282-4536
E-mail: austin@theaustinlawgroup.com

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

Notice and Takedown Procedures: The SITE implement the following “notice and takedown” procedure upon receipt of any notification of claimed copyright infringement. The SITE reserve the right at any time to disable access to, or remove any material or activity accessible on or from the SITE or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. It is the firm policy of the SITE to terminate the account of repeat copyright infringers, when appropriate, and the SITE will act expeditiously to remove access to all material that infringes on another’s copyright, according to the procedure set forth in 17 U.S.C. §512 of the Digital Millennium Copyright Act (”DMCA”). The SITE’s DMCA Notice Procedures are set forth in the preceding paragraph. If the notice does not comply with Paragraph 19 and §512 of the DMCA, but does comply with three requirements for identifying SITE that are infringing according to §512 of the DMCA, the SITE shall attempt to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When the Designated Agent receives a valid notice, the SITE will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity. The SITE reserve the right to modify, alter or add to this policy, and all users should regularly check back to these

Terms and Conditions to stay current on any such changes.

No Agency Relationship: Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.

Other Terms: If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Pink and White Productions Inc, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

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