Terms of Service

These Terms of Service (“Terms”) constitute a legal agreement between you and Pink & White Productions and spell out the terms and conditions to which users of the Darkhorsetheaters.com website (the “Site”) are expected to adhere. If you do not agree with or do not wish to be bound by all of the terms and conditions of these Terms, do not use or subscribe to the Site. We reserve the right to amend these Terms at any time and will post the amended Terms on the Site.
These Terms applies to the Heavenlyspire.com website (“Site”), owned and operated by Pink and White Productions Inc (“Pink & White”). These Terms do NOT apply to any other Pink & White products or services, online or offline, and does not grant you the right to enter into any website for which you have not paid all applicable fees.

1. CONTENT

1.1 The Site is intended for the personal, noncommercial use of its users. All materials published on the Site (“Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned, controlled by or licensed to Pink & White or the party credited as the provider of such Content. You shall abide by all copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Site.

1.2 The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other applicable copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, simulate, or in any way exploit any of the Content, software, materials, or the Site, in whole or in part.

1.3 Copying or storing of any Content from the Site is expressly prohibited without the prior written permission from Pink & White or the copyright holder identified in the individual Content. Using or making available any Content, in whole or in part on your personal website or elsewhere, where it may be accessible to any other person is not permitted. You may request permission by letter or fax sent to :

Pink & White Productions
726 Andover st
San Francisco Ca, 94110
Fax:
Email: shiner@heavenlyspire.com

1.4 Pink & White may change, suspend or discontinue any aspect or feature of the Site at any time. Pink & White may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability.

1.5 If you believe that any Content appearing on the Site has been used on the Site in a manner that constitutes infringement of a copyright owned by you, please provide our Copyright Agent with a written notice that includes the following information:
an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed;
a description of where the allegedly infringing material is located on the Site;
your address, telephone number, and e-mail address;
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
a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

1.7 Our Copyright Agent for notice of claims of copyright infringement on this Site is:

By postal mail:
Intellectual Property Counsel
Austin Law Group
799 Castro st
San Francisco Ca, 94114
Fax:
Email: austin@theaustinlawgroup.com

2. BLOGS AND DISCUSSIONS

2.1 This Site may make available comments sections, chat rooms, forums, message boards, and/or newsgroups to its users (“Forum(s)”). You shall not upload, distribute or otherwise publish through a Forum any content which is libelous, defamatory, obscene, profane, abusive or which otherwise violates any law, rule or regulation. Forums available within the Site are provided to give users a vehicle through which they may express opinions and share ideas. Pink & White does not endorse the opinions placed on the Forums. You acknowledge that any Forum submissions may be reproduced, edited, removed, modified, published, transmitted and displayed by Pink & White in any manner, pursuant to clauses 1.4 and 2.3 of these Terms.

2.2 You agree to use the Forums solely in a noncommercial manner. You shall not, without the express prior written approval of Pink & White, use the Forums to distribute or otherwise publish any material constituting any solicitation of funds, goods, or services, advertising, or the promotion of websites or online services.

2.3 You hereby waive any and all moral rights to any material you post on the Forums or any other portion of the Site.

2.4 While Pink & White cannot review every message posted by users in the Forums and is not responsible for the content of any of these messages, Pink & White reserves the right to delete, move or edit messages that are deemed to be in violation of the law (including trademark and copyright law), or these Terms, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.

2.5 You agree that you will not harvest or collect information about the users or members of this Site or use such information for any purpose, including, but not limiting transmitting or facilitating the transmission of unsolicited bulk electronic e-mail or communications.

3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS

3.1 The Site may contain links to other websites, resources and sponsors of Pink & White. Selection of any ad or link will redirect you off of the Site to a third party website. Interactions and transactions that occur between you and any such third party are strictly between you and that third party and are not the responsibility of Pink & White. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Pink & White does not assume any liability or responsibility for the actions, products, availability or content of these third party resources. You should direct any concerns regarding any external link to the administrator or webmaster of the third party website.

4. REGISTRATION AND SECURITY

4.1 In order to access certain areas of the Site, you will be required to register and pay for such access. You must agree to abide by these Terms in order to become and remain an authorized user of the Site.

4.2 In order to register and subscribe to the Site, you must indicate agreement with these Terms by clicking the “I have read and agree to the Terms of Service Agreement” checkbox on the registration page. You will not be allowed to register before clicking that button. Pink & White reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time. Occasionally Pink & White may ask you to accept the terms of such changes to continue using the Site.

4.3 As part of the registration process, you will select a user name and password. You shall provide Pink & White with accurate, complete and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You may not select or use a user name of another person with the intent to impersonate that person, use a name subject to the rights of any person other than yourself without authorization, or use a user name that Pink & White, in its sole discretion, deems offensive or otherwise inappropriate.

4.4 You are responsible for all usage and activity on your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account at Pink & White’s sole discretion, and you may be referred to appropriate law enforcement agencies.

4.5 You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Pink & White of any unauthorized use of your password or account or any other breach of security. You acknowledge, consent and agree that Pink & White may access, preserve, and disclose your account information if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal process, enforce these Terms, respond to claims that any material violates the rights of third-parties, respond to your requests for customer service, or protect the rights, property, or personal safety of Pink & White, its users, and the public.

4.6 You understand that the technical processing and transmission involved in interacting with the Site may include transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Site may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Pink & White and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site.

You must be 18 years or older to subscribe to the Site.

4.8 IF THESE TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE, YOU MAY CANCEL YOUR ACCOUNT. See clause 11 regarding termination. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS.

5. FEES AND PAYMENTS

5.1 Pink & White reserves the right at any time to charge fees or change the price for access to the Site. In the event that Pink & White so elects, it shall post notice of such changes on the Site. All services must be paid for in advance of use thereof. Fees are not refundable in whole or in part, even in the event your account is terminated by you or by Pink & White. You shall pay all applicable taxes relating to use of the Site through your account. Your right to use the Site is subject to any limits established by Pink & White in its sole discretion.

5.2 In the event that Pink & White does issue a refund, such refund will be credited via the payment method used in the original transaction. Pink & White will not issue refunds by cash, check or to another credit card or other payment mechanism not used in the original transaction.

6. REPRESENTATIONS AND WARRANTIES

6.1 You represent and warrant the following:
No materials of any kind submitted by you or through your account, or Pink & White’s use thereof in accordance with the terms and conditions of these Terms, will
violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights;
contain unlawful material;
constitute false or misleading indications of origin or statements of fact;
slander, libel or defame any person or entity;
cause injury of any kind to any person or entity; or
violate any applicable laws, rules, regulations or other governmental regulations; and
You are at least 18 years old and possess the legal authority to enter into these Terms.

6.2 Pink & White neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. The site and any materials provided thereon, whether by Pink & White or any third party, are provided “AS IS.”

6.3 Pink & White hereby DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITE. Pink & White DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE CONTENT THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE.

6.4 Pink & White makes no representation that the Content on the Site is appropriate for access outside of the United States. Those who choose to access the Site from outside of the United States do so on their own initiative and are responsible for compliance with local laws.

6.5 You hereby acknowledge that the use of the Site and any Content or service available thereon is at your sole risk.

7. ASSIGNMENT

7.1 These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

7.2 Pink & White may assign these Terms to any of its affiliates, to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Pink & White, or in connection with the sale of the Site or the business unit associated with the Site.

7.3 You agree that there shall be no third party beneficiaries to these Terms.

8. INDEMNIFICATION

8.1 You hereby indemnify and hold Pink & White, its affiliates and its and their officers, directors, owners, employees, shareholders, agents, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any other user of your account (whether or not such user has your permission) of these Terms or the foregoing representations and warranties, including, but not limited to, reasonable attorneys’ fees. You shall cooperate fully in the defense of any claim. Pink & White reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of Pink & White without Pink & White’s prior written approval.

9. LIMITATION OF LIABILITY

9.1 To the fullest extent permissible under applicable law, NEITHER Pink & White NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSS INCURRED, OR FOR ANY EQUITABLE REMEDY IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITE, THE CONTENT THEREON, OR ANY OF THE CONTENT PROVIDED BY Pink & White OR ANY THIRD PARTY THROUGH THE SITE, OR ANY DAMAGE OR LOSS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE OF THE SITE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF Pink & White HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Furthermore, Pink & White is not liable to you or any third party for PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, OR ANY DAMAGE OR LOSS CAUSED THEREBY.

9.2 To the fullest extent permissible under applicable law, Pink & White’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES IS LIMITED TO ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

10. SYSTEM INTEGRITY

10.1 You may not use any device, software, routine, or other mechanism or tool to interfere with or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action, which imposes an unreasonable or disproportionately large load on Pink & White’s infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

11. TERMINATION

11.1 You may terminate your account at any time by requesting a cancellation from a link in the Member Services section of the Site. Your account will be charged for the entire subscription period upon account activation. 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 by you.

11.2 Pink & White may, in its sole discretion, terminate or suspend your access or refuse service at any time, with or without notice, to all or part of the Site for any reason, including, but not limited to, any breach of these Terms by you or associated with your account, any assignment of your account to a third party or the infringement of copyrights or other rights owned or claimed by third parties.

12. MISCELLANEOUS

12.1 These Terms shall be construed and enforced in accordance with California law.

12.2 Any controversy arising out of or in connection with use of the Site or the enforcement and construction of these Terms will be conclusively determined by arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association, provided, however, that such arbitration will be held before a single arbitrator selected by the parties and the arbitrator is well acquainted with the online adult entertainment industry. You agree that any proceeding that you may choose to bring against Pink & White must be initiated within six (6) months after the alleged date of the event giving rise to such dispute. You hereby waive any and all rights and benefits which you might otherwise be or have been entitled to litigate in court. The arbitrator’s decision will be controlled by these Terms. The prevailing party in any such arbitration shall be awarded reasonable attorneys’ fees and costs in addition to any other damages awarded. Any such award may be confirmed by a court of competent jurisdiction if it has not been fully satisfied within fourteen (14) days of issuance.

12.3 Waiver and Severability. The failure of Pink & White to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

12.2 Official correspondence must be sent via postal mail to:
Pink and White Productions Inc
Attention: General Counsel
Austin Law Group
799 Castro st
San Francisco Ca 94119

12.3 These Terms constitute entire agreement between you and Pink & White with respect to your access to and use of the Site and supersede all prior or contemporaneous agreements, whether oral, written, or electronic, between you and Pink & White with respect to the Site.

13. ACCEPTANCE

13.1 By clicking the “I have read and agree to the Terms of Service Agreement” checkbox during the registration process or by otherwise using the Site, you acknowledge that you have read and understand and agree to be bound by the terms set forth here, as well as the terms of our Privacy Policy and any supplemental terms of the Site, all of which are incorporated into these Terms.