terms-of-service agreement is entered into between you and Kick Ass Pictures
Corp., a Florida corporation (“Kick Ass Pictures,” “we,”or
“us”). The following agreement and any documents it references
(collectively, “agreement”) governs your access to and use of the
Website, whether as a visitor or a User.
1.1“Bookmarking” means the act of placing a web page (URL) into a
temporary file on the User’s browser so that the User may return to the page at
a future date directly, without passing through any preceding pages.
1.2“Chargebacks” means a request you file directly with your card
company or bank to invalidate Fees.
1.3“Fees” means amounts paid or payable to Kick Ass Pictures in
exchange for a Membership under this agreement using a Payment Method. Fees are
posted on the Website.
1.4“Login” means the combination of the unique username and password
sold or provided by Kick Ass Pictures to the User and used to access the Website.
1.5“Membership” means the access granted to a User to the Website
using a Login for a limited period to use the Services.
1.6“Payment Method” means the payment method you use to purchase
your Membership, including credit card.
1.7“Services” means the limited, non-transferrable license to stream
or download images and video or other content from the Website and navigate
different areas of the Website.
1.8“User” means an individual who is at least 18-years old and the
age of majority in the jurisdiction where they live who has a Membership or
rightfully accesses the Website.
1.9“Website” means the website to which you are purchasing a
Membership or accessing the Services.
2.Acceptance of Agreement
2.1This document contains very important information regarding your
rights and obligations, and conditions, limitations, and exclusions that might
apply to you. Please read it carefully.
2.2This agreement requires the use of arbitration on an individual basis
to resolve disputes, rather than jury trials or class actions.
2.3By using the Website or by clicking to agree to the agreement when that
option is made available to you, you agree to be bound and abide by this
agreement. If you do not want to agree to this agreement, you must not
access or use the Website.
2.4This Website is offered and available to persons who are 18-years old or
older, who have reached the age of majority where they live, and who are not
prohibited by law from accessing or viewing sexually explicit content. By using
this Website, you state that you are of legal age to form a binding contract
with Kick Ass Pictures and meet all the preceding eligibility requirements. If
you do not meet all these requirements, you must not access or use the Website.
2.5Bookmarking to a page on the Website by which the warning page or
this agreement is bypassed will constitute implied acceptance of this agreement
and an explicit confirmation that the User is at least 18-years old and the age
of majority in their jurisdiction and the content is not illegal in the
3.Changes to Agreement. Kick Ass Pictures may revise and
update this agreement from time to time. All changes are effective immediately
when posted and apply to all access to and use of the Website afterwards.
However, any changes to the dispute resolution provisions set out in section 23 (Governing Law and Jurisdiction) and section 24 (Arbitration) will not apply to
any disputes for which the parties have actual notice on or before the date the
change is posted on the Website. Your continued use of the Website after the
posting of the revised agreement means that you agree to the changes. You are
expected to check this page frequently so you are aware of any changes, as they
are binding on you.
4.1Agreement to View Adult Material. The Website is designed and
intended solely for adults who are interested in and wish to have access to
visual images, verbal descriptions, and audio sounds of a sexually oriented,
and frankly erotic, nature. The material available on the Website include
graphic visual depictions and descriptions of nudity and sexual activity and must
not be accessed by anyone under the legal age in their respective jurisdiction
or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not
access the Website andmust leave now.
4.2Section 230(d) Notice.Under
47 U.S.C. § 230(d),
you are notified that parental control protections (including computer
hardware, software, or filtering services) are commercially available that might
help in limiting access to material that is harmful to minors. You may find
information about providers of these protections on the Internet by searching “parental
control protection” or similar terms. If minors have access to your computer,
please restrain their access to sexually explicit material by using these
products, which Kick Ass Pictures provides for informational purposes only and
does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
4.3Child Sexual Abuse Material (CSAM) Prohibited.We prohibit content involving minors on the Website.
We only allow visual media of consenting adults for consenting adults on the Website.
If you see any visual media, real or simulated, depicting minors engaged in
sexual activity on the Website or that is otherwise exploitative of children,
please promptly report this to us at [email protected].
Please include with your report all appropriate evidence, including the date
and time of identification. We will promptly investigate all reports and take
proper action. We cooperate with any law enforcement agency investigating
alleged child exploitation or child sexual abuse material.
4.4Prostitution and Sex Trafficking Prohibited.We prohibit using the Website or the
Interactive Services to promote or facilitate prostitution or sex trafficking.
This prohibition includes using the Website or the Interactive Services to
share personal contact details or arrange face-to-face meetings. If you see any
evidence of this on the Website, please promptly report this to us at [email protected]. Please include with your report
all evidence, including the date and time of identification. We will promptly
investigate all reports and take proper action. We will terminate the Login of
any person promoting or facilitating prostitution or sex trafficking. We will
report all individuals suspected of promoting or facilitating prostitution or
sex trafficking to the appropriate law enforcement agency. We will cooperate
with any law-enforcement agency investigating prostitution or sex trafficking.
5.1Territory. Each Membership is for use within a limited territory
that excludes all jurisdictions where the content is illegal (“Territory”).
Kick Ass Pictures is not making any statement that the Website or its content
is accessible or appropriate in your jurisdiction. If you access the Website,
you do so on your own initiative and are responsible for complying with all
6.Accessing the Website. We may withdraw or amend this Website,
and any service or material we provide on the Website, without notice. We will
not be liable if for any reason any part of the Website is unavailable at any
time or for any period. From time to time, we may restrict access to parts of
the Website, or the entire Website, to Users. You are responsible for making
all arrangements necessary for you to have access to the Website.
7.1Account Creation. To access the Website or some of the
resources it offers, you must provide certain registration details or other
information. It is a condition of your use of the Website that all the
information you provide on the Website is accurate. You must provide a valid
email address, a username, and a password. Do not choose a username that is
offensive or that infringes anyone’s service mark, trademark, or trade name. We
may delete or require you to change any username that violates this section 7.1.
Your password should be unique (meaning that it is different from those you use
for other websites) and must comply with the Website’s technical requirements
for the composition of passwords. By creating an account, you state that (a)
all account registration information you provide is your own and is accurate;
(b) if you previously had an account on the Website, we did not suspend or
terminate that account for breach of this agreement; and (c) you are creating
an account for your personal use, and you will not sell, rent, or transfer your
account to anyone.
7.2Responsibility for Login. You are responsible for keeping your
Login confidential. Further, you are responsible for all activities that occur
under your Login. You will promptly notify us of any unauthorized use of your Login
or any other security breach. You must not sell, rent, lease, share, or
provide access to your Login to anyone. We may disable any Login, whether
chosen by you or provided by us, at any time for any reason or no reason, including
if, in our opinion, you have violated any part of this agreement.
7.3Liability for Login Misuse. We will not be liable for any loss
that you might incur as a result of another person using your Login, either
with or without your knowledge. You could be held liable for losses incurred by
us or another person due to someone else using your Login.
7.4Use of Other Logins. You must not use anyone else’s Login at any
7.5Account Security. We care about the integrity and security of
your personal information. But we cannot guarantee that unauthorized persons
will never be able to defeat the Website’s security measures or use any
personal information you provide to us for improper purposes. You acknowledge
that you provide your personal information at your own risk.
7.6Communication Preferences. By registering for an account, you hereby
consent to receive electronic communications from us about your account. Communications
might involve sending emails to your email address given during registration or
posting communications on the Website. Communications will include notices
about your account (e.g., payment authorizations, change in Login or Payment Method,
confirmation emails, and other transactional information) and are part of your
relationship with us. You acknowledge that any notices, agreements,
disclosures, or other communications that we send you electronically will
satisfy any legal communication requirements, including that these
communications be in writing. We recommend that you keep copies of electronic
communications by printing a paper copy or saving an electronic copy. You also hereby
consent to receive other communications from us, including newsletters about
new features and content, special offers, promotional announcements, and
customer surveys by email or other methods. You acknowledge that communications
you receive from us might contain sexually explicit material unsuitable for minors.
If you no longer want to receive non-transactional communications, please
8.1Ownership. The Website and its entire contents, features, and functionality
(including but not limited to all information, software, text, displays, image,
video, and audio, and the design, selection, and arrangement of it) are owned
by Kick Ass Pictures, its licensors, or other providers of those materials and
are protected by United States and international copyright, trademark, patent,
trade secret, and other intellectual property or proprietary rights laws.
(a)Your computer may temporarily store copies of those materials in RAM
incidental to your accessing and viewing those materials.
(b)You may store files that are automatically cached by your Web browser
for display enhancement purposes.
(c)You may print or download one copy of a reasonable number of pages of
the Website for your own personal, noncommercial use and not for further
reproduction, publication, or distribution.
(d)You may view any materials to which you have properly gained access for
your personal, noncommercial use and not for further reproduction, publication,
(e)If we offer desktop, mobile, or other applications for download, you may
download a single copy to your computer or mobile device solely for your own
personal, noncommercial use, on condition that you agree to be bound by Kick
Ass Pictures’ end user license agreement for those applications.
(f)If we provide social media features with certain content, you may take
those actions as are enabled by those features.
(i)Download any materials unless the Website itself gives you that
(ii)Modify copies of any materials from the Website.
(iii)Use any illustrations, photographs, video or audio sequences, or
any graphics separately from the accompanying text.
(iv)Delete or alter any copyright, trademark, or other proprietary
rights notices from copies of materials from the Website.
(b)You must not access or use for any commercial purposes any part of the Website
or any services or materials available through the Website.
(c)If you print, copy, modify, download, or otherwise use or provide any
other person with access to any part of the Website in breach of this
agreement, your right to use the Website will terminate immediately, and you
must, at our option, return or destroy any copies of the materials you have
made. No interest in the Website or any content on the Website is transferred
to you, and Kick Ass Pictures reserves all rights not expressly granted. Any
use of the Website not expressly permitted by this agreement is a breach of
this agreement and might violate copyright, trademark, and other laws.
8.4Trademarks. Kick Ass Pictures’ name
and logo; the terms KICK ASS, KICK ASS FLIX, CUM EATING CUCKOLDS, and FOOT
FETISH DAILY; and all related names, logos, product and service names, domain
names, designs, and slogans are trademarks of Kick Ass Pictures or its
affiliates or licensors. You must not use those marks without Kick Ass
Pictures’ prior written permission. All other names, logos, product and service
names, designs, and slogans on this Website are the trademarks of their
9.1You must use the Website only for lawful purposes and in accordance with
this agreement. You must not use the Website:
·In any way that violates any federal, state, local, or international
law or regulation (including, without limitation, any laws regarding exporting
data or software to and from the US or other countries).
·To exploit, harm, or to try to exploit or harm minors in any way
by exposing them to inappropriate content, asking for personal information, or
·To send, knowingly receive, upload, download, use, or re-use any
material that does not comply with the Content Standards set out in this
·To transmit, or procure the sending of, any advertising or
promotional material without our prior written consent, including any “junk
mail,” “chain letter,” “spam,” or any other similar solicitation.
·To impersonate or try to impersonate Kick Ass Pictures, a Kick
Ass Pictures employee, another User, or any other person or entity (including
by using email addresses or usernames associated with any of the preceding).
·To engage in any other conduct that restricts or inhibits
anyone’s use or enjoyment of the Website, or which, as we determine, might harm
Kick Ass Pictures or the Users or expose either to liability.
9.2Additionally, you must not:
·Use the Website in any way that could disable, overburden,
damage, or impair the Website or interfere with any other person’s use of the Website,
including their ability to engage in real-time activities through the Website.
·Conduct, facilitate, authorize, or permit any text or data mining
or web scraping regarding the Website or any services provided through, or
concerning, the Website. This includes using (or permitting, authorizing, or
attempting to use): (i) any “robot,” “bot,” “spider,” “scraper,” or other
automated device, program, tool, algorithm, code, process, or methodology to
access, obtain, copy, monitor, record, or republish any part of the Website or
any data, content, information, or services accessed through the Website; or
(ii) any automated analytical technique aimed at analyzing text and data in
digital form to generate information that includes but is not limited to
patterns, trends, and correlations.
·Use any manual process to monitor or copy any of the materials or
for any other unauthorized purpose without our prior written consent.
·Use any device, software, or routine that interferes with the
proper working of the Website.
·Introduce any viruses, Trojan horses, worms, logic bombs, or
other material that is malicious or technologically harmful.
·Attempt to gain unauthorized access to, interfere with, damage,
or disrupt any part of the Website, the server on which the Website is stored,
or any server, computer, or database connected to the Website.
·Attack the Website via a denial-of-service attack or a distributed
·Otherwise try to interfere with the Website’s proper working.
10.1The Website may contain forums and other interactive features
(collectively, “Interactive Services”)that allow users to post, submit,
publish, display, or transmit to other users or other persons (collectively, “post”) content or materials other than photographs
or videos (collectively, “User Contributions”) on or
through the Website. The Website prohibits you from posting photographs and
10.2All User Contributions must comply with the Content Standards set out in
10.3We will consider any User Contribution you post to the Website nonconfidential
and nonproprietary. By providing any User Contribution on the Website, you
hereby grant us and our affiliates and service providers, and each of their and
our respective licensees, successors, and assigns a license to use, reproduce,
modify, perform, display, distribute, and otherwise disclose to nonparties any
such material for any purpose.
10.4You state that (a) you own or control all interest in the User
Contributions and have the right to grant the license granted above to us and
our affiliates and service providers, and each of their and our respective
licensees, successors, and assigns; and (b) all of your User Contributions do
and will comply with this agreement.
10.5You understand that you are responsible for any User Contributions you
submit or contribute, and you, not Kick Ass Pictures, have full responsibility
for that content, including its legality, reliability, accuracy, and
10.6We are not responsible or liable to any nonparty for the content or
accuracy of any User Contribution posted by you or any other User.
11.Monitoring and Enforcement; Termination
·Remove or refuse to post any User Contributions for any or no
·Take any action as to any User Contribution that we consider
necessary or appropriate, including if we believe that the User Contribution
violates this agreement, including the Content Standards, infringes any
intellectual property right or other right of any person or entity, threatens
the personal safety of users of the Website or the public, or could create
liability for Kick Ass Pictures.
·Disclose your identity or other information about you to any person
who claims that material posted by you violates their rights, including their
intellectual property rights or their right to privacy.
·Take appropriate legal action, including without limitation,
referral to law enforcement, for any illegal or unauthorized use of the
·Terminate or suspend your access to all or part of the Website
for any or no reason, including without limitation, any violation of this
11.3However, we cannot review all material before it is posted on the
Website, and cannot ensure prompt removal of objectionable material after it
has been posted. Accordingly, we assume no liability for any action or inaction
regarding transmissions, communications, or content provided by any User or
nonparty. We have no liability or responsibility to anyone for performance or
nonperformance of the activities described in this section.
·Contain any material that is defamatory, obscene, indecent,
abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise
·Promote sexually explicit or pornographic material (except for
material on the Website), violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age.
·Infringe any patent, trademark, trade secret, copyright, or other
intellectual property or other rights of any other person.
·Violate the legal rights (including the rights of publicity and
privacy) of others or contain any material that could give rise to any civil or
criminal liability under laws or regulations or that otherwise might be in
·Be likely to deceive any person.
·Promote any illegal activity, or advocate, promote, or assist any
unlawful act, including, but not limited to, promoting or facilitating prostitution
or sex trafficking.
·Cause annoyance, inconvenience, or needless anxiety or be likely
to upset, embarrass, alarm, or annoy any other person.
·Impersonate any person, or misrepresent your identity or
affiliation with any person or organization.
·Involve commercial activities or sales, including contests,
sweepstakes, and other sales promotions, barter, or advertising.
·Give the impression that they emanate from or are endorsed by us
or any other person or entity, if this is not the case.
13.2This Website might include content provided by nonparties, including
materials provided by other Users, bloggers, and third-party licensors,
syndicators, aggregators, or reporting services. All statements or opinions
expressed in these materials, and all articles and responses to questions and
other content, other than the content provided by Kick Ass Pictures, are solely
the opinions and the responsibility of the person or entity providing those
materials. These materials do not necessarily reflect the opinion of Kick Ass
Pictures. We are not responsible, or liable to you or any nonparty, for the
content or accuracy of any materials provided by any nonparties.
14.Changes to the Website. We may update the content on this
Website from time to time, but its content is not necessarily complete or up-to-date.
The Website’s materials might be out of date at any given time, and we are not
required to update those materials.
15.Information About You and Your Visits to the Website. All
16.1Fees and Membership Information. Users are liable for Fees for
Membership and all taxes. You must provide us with a valid Payment Method. We
will bill the Fees to your chosen Payment Method. We may adjust Fees for
Memberships at any time. We do not provide price protection or refunds in the
event of a price reduction or promotional offering.
16.2Membership Types. The Website may offer various types of
Memberships of different terms (ex: monthly, three-month, six-month) (each, a “Membership
Term”). Each Membership Term offered will have its own Fee indicated during
the join process and, except for nonrecurring Memberships, will rebill at the
Fee and at the frequency indicated in the receipt sent to the User’s email
address. Fees are subject to change due to laws and taxes; if you do not cancel
within 30 days, you are considered to have accepted the Fee change.
16.3Auto-Renewal. Except for nonrecurring Memberships, your
Membership will continue for the Membership Term and automatically renew for
additional prepaid periods of the same length at the rates in effect at the
time you originally signed up until cancelled. Users must cancel their recurring
Membership before it renews each term to avoid billing of the next term’s Fees
to their Payment Method. Until cancelled, the User authorizes Kick Ass
Pictures to continue charging the User’s Payment Method to pay: (a) Fees for recurring
Membership; (b) all purchases of other products, services, and entertainment
provided by the Website; and (c) other liabilities of User to Kick Ass
16.4Delayed Transactions. If a User’s Payment Method was declined, we
may try to process the Payment Method again under the same conditions as
initiated by the User, within seven days of the User’s first attempt to purchase
that Membership. Where the Payment Method is approved in that circumstance, the
User will receive an email confirming the successful completion of their
transaction along with their Login details. For recurring Memberships, the
User’s next rebill will be attempted on their initial rebill date. We may
change the Fee of the rebill or of the initial transaction to a lesser amount
with the obligation to continue the User’s recurring Membership at the original
rebill Fee, which will take effect as of the next rebill unless the User
cancels before that rebill, or at the initial Payment Method Fee to
successfully complete the User’s purchase of their Membership. If an
unsuccessful recurring payment, we may charge an administrative fee of up to
US$2 to maintain an active Membership until the Membership Fee can be processed
successfully. At any time, if you have any questions about the rebill Fee or
date of your Membership, please contact [email protected].
17.Taxes, Billing Disputes, Refunds, and Chargebacks
17.1Taxes. You are responsible for all federal, national,
state/provincial, or local sales or use taxes, value-added taxes (VAT), or
similar taxes or fees payable with your purchase. If you do not pay those taxes
or fees on a transaction, you will be responsible for those taxes or fees if
they are later found to be payable on that sale, and we may collect those taxes
or other fees from you at any time. If we must collect or pay any taxes with
your purchase, we will charge you those taxes at the time of each payment transaction.
17.2Billing Disputes. If you believe that we have charged your
Payment Method in error, you must notify us in writing no later than 30 days
after you receive the billing statement in which the error first appeared. If you do not notify us in writing of a dispute within
this period, you waive any disputed charges. You must submit any
billing disputes in writing through [email protected] and include a detailed statement describing the nature and
amount of the disputed charges. We will correct any mistakes in a bill and add
or credit them against your future payments.
17.4Chargebacks. We carefully investigate all Chargebacks. You must
not make unjustified Chargeback requests of your payment card provider. The
User will remain responsible for the consequences caused by such a breach of
contract. We will review excessive and potentially fraudulent Chargebacks and we
may prevent the User from making additional purchases during that review. If we
determine that any Chargeback request is fraudulent or was made by the User in
bad faith, we may suspend and terminate your Membership or any future
Membership you purchase.
18.Linking to the Website and Social Media Features
18.1You may link to our homepage, on condition that you do so in a way that
is fair and legal and does not damage our reputation or take advantage of it,
but you must not establish a link in such a way as to suggest any form of
association, approval, or endorsement on our part without our express written
·Link from your own or certain nonparty websites to certain
content on this Website.
·Send emails or other communications with certain content, or
links to certain content, on this Website.
·Cause limited parts of content on this Website to be displayed or
appear to be displayed on your own or certain nonparty websites.
18.3You may use these features solely as they are provided by us solely for
the content they are displayed with, and otherwise under any additional terms
we provide for those features. Subject to the preceding, you must not:
·Establish a link from any website that is not owned by you.
·Cause the Website or parts of it to be displayed on, or appear to
be displayed by, any other site, for example, framing, deep linking, or in-line
·Link to any part of the Website other than the homepage or your
·Otherwise take any action regarding the materials on this Website
that is inconsistent with any other provision of this agreement.
18.4The website from which you are linking, or on which you make certain
content accessible, must comply in all respects with the Content Standards set
out in this agreement.
18.5You must cooperate with us in causing any unauthorized framing or
linking immediately to stop. We may withdraw linking permission without notice.
18.6We may disable all or any social media features and any links at any
time without notice.
19.Links from the Website. If the Website contains links to
other sites and resources provided by nonparties, these links are provided for
your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over
the contents of those sites or resources and accept no responsibility for them
or for any loss or damage that might arise from your use of them. If you decide
to access any of the nonparty websites linked to this Website, you do so
20.1You acknowledge that we cannot and do not state that files available for
downloading from the Internet or the Website will be free from loss,
corruption, attack, viruses or other destructive code, interference, hacking,
or other security intrusions. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
antivirus protection and accuracy of data input and output and for keeping a
means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by
(a) a distributed denial-of-service attack, viruses, or other technologically
harmful material that might infect your computer equipment, mobile device,
computer programs, data, or other proprietary material because of your use of
the Website or any services or items obtained through the Website; or (b) by
your downloading of any materials posted on the Website or on any website
linked to it.
20.2Your use the Website, its content, and
any services or items obtained through the Website is at your own risk. Kick
Ass Pictures offers the Website, its content, and any services or items
obtained through the Website “as is” and “as available,” without making any
warranties, either express or implied. Neither Kick Ass Pictures nor any person
associated with Kick Ass Pictures is making any warranty or representation
about the completeness, security, reliability, quality, accuracy,
or availability of the Website. Neither Kick Ass Pictures nor anyone associated
with Kick Ass Pictures states that the Website, its content, or any services or
items obtained through the Website will be accurate, reliable, error-free, or
uninterrupted; that defects will be corrected; that our Website or the server
that makes it available are free of viruses or other harmful components; or
that the Website or any services or items obtained through the Website will
otherwise meet your needs or expectations.
20.3To the greatest extent provided by law, Kick Ass Pictures is not
making any warranties, whether express or implied, statutory, or otherwise,
including but not limited to warranties of merchantability, noninfringement,
and fitness for particular purpose.
20.4The preceding does not affect any warranties that cannot be excluded
or limited under law.
21.1To the greatest extent provided by law, in no event will the
collective liability of Kick Ass Pictures and its subsidiaries and affiliates,
and their licensors, service providers, employees, agents, officers, and
directors, to any party (regardless of the form of action, whether in contract,
tort, or otherwise) exceed the greater of US$500 or the amount you have paid to
Kick Ass Pictures for the Services in the last six months out of which
21.2The limitation of liability set out above does not apply to liability
resulting from our gross negligence or willful misconduct or death or bodily
injury caused by Services you purchase through the Website.
21.3The preceding does not affect any liability that cannot be excluded
or limited under law.
22.Indemnification. You shall indemnify Kick Ass
Pictures, its affiliates, licensors, and service providers, and its and their
respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors, and assigns against any claims, liabilities, damages,
judgments, awards, losses, costs, expenses, or fees (including reasonable legal
fees) arising out of this agreement or your use of the Website, including, but
not limited to, your User Contributions, any use of the Website’s content and
services other than as expressly authorized in this agreement, or your use of
any information obtained from the Website.
23.1Florida law governs all adversarial proceedings arising out of this
agreement or access or use of the Website. This agreement’s predominant purpose
is providing services and licensing access to intellectual property and not a
“sale of goods.” The United Nations Convention on Contracts for the
International Sale of Goods will not govern this agreement, the application of
which is expressly excluded.
23.2Except for disputes subject to
arbitration, as the exclusive means
of bringing adversarial proceedings to resolve any dispute arising out of this
agreement or the subject matter of this agreement, a party may bring such a
proceeding in the United States District Court for the Middle District of Florida
or in a state court in Florida. Each party acknowledges that those courts would
be a convenient forum. Each party hereby waives its right to a trial
by jury in any adversarial proceedings arising out of this agreement.
24.1You and Kick Ass Pictures are agreeing to give up any rights to litigate
claims in a court or before a jury, or to participate in a class action or
representative action with respect to a claim. Other rights that you would have
if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise,
whether pre-existing, present, or future, and including statutory, consumer
protection, common law, intentional tort, injunctive, and equitable claims) between
you and Kick Ass Pictures arising from or relating in any way to your use of
the Website or the Services, will be resolved exclusively and finally by
24.2Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute
resolution provider if ARS is not available) will administer the arbitration
under its rules available at www.arbresolutions.com,
then in effect, except as modified by this section. The arbitrator will have
exclusive authority to resolve any dispute relating to arbitrability or
enforceability of this arbitration provision, including any unconscionability
challenge or any other challenge that the arbitration provision or the agreement
is void, voidable, or otherwise invalid. The arbitrator will be empowered to
grant whatever relief would be available in court under law or in equity. Any
award of the arbitrator will be final and binding on each of the parties and
may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party legal
fees, the arbitrator may award reasonable fees to you under the standards for
fee shifting provided by law.
26.Limitation on Time to Bring Claims.A party shall not bring
a claim arising out of this agreement or access or use of the Website more than
one year after the cause of action arose. Any claim brought after one year is
27.1Entire Agreement. This agreement constitutes the entire understanding
between the parties regarding the subject matter of this agreement and
supersedes all other agreements, whether written or oral, between the parties,
except that any additional terms on the Website
will govern the items to which they pertain.
27.2Assignment. This agreement is personal to you. You
shall not transfer to any other person, other than by will or intestate
succession, (1) any discretion granted under this agreement, (2) any right to
satisfy a condition under this agreement, (3) any remedy under this agreement,
or (4) any obligation imposed under this agreement. Any purported transfer by you
in violation of this section 27.2 will be void.
27.3Waiver. No waiver under this agreement will be effective unless
it is in writing and signed by the party granting the waiver. A waiver granted
on one occasion will not operate as a waiver on other occasions.
27.4Severability. If any part of this agreement is
declared unenforceable or invalid, the remainder will continue to be valid and
(a)Notice to Kick Ass Pictures. You may notify Kick Ass Pictures by
email at [email protected] unless a
specific email address is given for providing notice. Kick Ass Pictures may
change its contact information on one or more occasions by posting the change
on the Website. Please check the Website for the most current information for notifying
Kick Ass Pictures.
(b)Notice to You—Electronic Notice.You
consent to receive any notice from Kick Ass Pictures in electronic form either
(1) by email to the last known email address Kick Ass Pictures has for you or
(2) by posting the notice on a place on the Website chosen for this purpose.
You state that any email address you gave Kick Ass Pictures for contacting you
is a valid email address for receiving notice.
27.6No Third-Party Beneficiaries. Except as set out in section 22,
this agreement does not, and the parties do not intend it to, confer any rights
or remedies on any person other than the parties to this agreement.
27.7Electronic Communications Not Private. We do not provide
facilities for sending or receiving confidential electronic communications. You
should consider all messages sent to us or from us as open communications
readily accessible to the public. You should not use the Website to send or
receive messages that you only intend the sender and named recipients to read.
Users or operators of the Website may read all messages you send to the Website
regardless of whether they are intended recipients.
27.8Electronic Signatures. Any
affirmation, assent, or agreement you send through the Website will bind you. When
you click on an “I agree,” “I consent,” or other similarly worded “button” or
entry field with your mouse, keystroke, or other device, your agreement or
consent will be legally binding and enforceable and the legal equivalent of
your handwritten signature.
Kick Ass Pictures Corp.
11705 Boyette Road, Suite 272
Riverview, Florida 33579
Users who wish to gain access to the members-only
area of the Website must be a member in good standing. We post the current Fees
for Membership on the join page. We may change the Fees at any time. Users may
contact us at [email protected] to resolve
any billing disputes or to receive further information about the Website.
27.10Complaints—California Residents Only. 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.
27.11Feedback. We encourage you to provide feedback about the Website.
But we will not treat as confidential any suggestion or idea provided by you,
and nothing in this agreement will restrict its right to use, profit from,
disclose, publish, or otherwise exploit any feedback, without payment to you.
(c)Complaints of Illegal or Non-Consensual Content. After receiving your
complaint of illegal or non-consensual content under section 27.12(b),
(i) we will take those steps as we consider to be appropriate to investigate
your complaint within a timeframe that is appropriate to the nature of your
complaint; (ii) if we require further information or documents from you, we
will let you know; (iii) we will in good faith investigate your complaint
within seven business days; (iv) if we are satisfied that the content is
unlawful or non-consensual, we will immediately remove that content, and we
will notify you of our decision by email or other electronic message; and (v)
if we are satisfied that the content is not unlawful or non-consensual, we will
notify you of our decision by email or other electronic message. Any dispute
regarding our determination that content is non-consensual will be submitted by
us to a neutral arbitration association at our expense.
(d)All Other Complaints. After receiving any other complaint
(including complaints related to other breaches of this agreement) under
section 27.12(b), (i) we will take those steps as we consider to be appropriate
to investigate your complaint within a timeframe that is appropriate to the
nature of your complaint; (ii) if we require further information or documents
from you, we will let you know; and (iii) we will in good faith take those
actions as we consider appropriate to deal with the issue that your complaint
has raised. If you have complained about the content that appears on the
Website and we are satisfied that the content otherwise breaches this
agreement, we will act promptly to remove that content. We are not required to
inform you of the outcome of your complaint.
(e)Unjustified or Abusive Complaints. If you are a User, you state
that you will not make any complaint under this section 27.12
that is wholly unjustified, abusive, or made in bad faith. If we determine that
you have breached this warranty, we may suspend or terminate your Login.