Geisha Affairs Terms & Conditions
By accessing the GeishaAffair.com and affiliated websites (hereafter "Websites"), you are agreeing to these Terms and Conditions of Use.
1. Parties To This Agreement And Consideration
1.1 The parties to this Agreement (the "Agreement") are You, (the "User") and Zarathustra, LLC (the "Company"). As used in this Agreement, the terms "we" and "us" are used interchangeably to refer to the Company and the Websites; the term "You" and "Your" is used to refer to You, the User.
1.2 By accessing the materials at Websites and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
1.3 Subject to Your acceptance of the terms and conditions set forth in this Agreement, The Company agrees to grant you a limited personal non-transferable right to access the contents of http://www.GeishaAffair.com and affiliated sites operated by the Company.
1.4 This Agreement is subject to change by the Company at any time and changes shall become effective upon notice to users by posting at or via hyperlink to the Websites. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
2. User Verification
2.1 ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITES ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITES DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITES OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITES.
2.2 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITES INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING. NOTHING ON THE WEBSITES SHOULD BE CONSTRUED AS A FURTHERANCE OR ENDORSEMENT OF ANY ILLEGAL ACT OR PRACTICE. WE EXPRESSLY REMIND OUR VISITORS THAT PROSTITUTION AND SIMILAR ACTIVITIES ARE ILLEGAL IN MOST JURISDICITONS OF THE UNITED STATES AND OTHER NATIONS, AND COMPANY REQUIRES ITS ADVERTISERS TO STRICTLY COMPLY WITH ALL APPLICABLE LAWS, INCLUDING THOSE BANNING PROSTITUTION.
2.3 YOU FURTHER REPRESENT AND WARRANT THAT YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES AN UNEQUIVOCAL REQUEST ON YOUR PART TO RECEIVE SEXUALLY EXPLICIT MATERIAL VIA THE WEBSITES AND THAT YOU HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY THAT YOU DO NOT WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL.
2.4 YOU FURTHER REPRESENT, AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
2.5 THE CONTENT WITHIN THE WEBSITES IS PROTECTED BY FEDERAL COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. ANY MISAPPORIATION OF PROTECTED CONTENT IN VIOLATION OF SUCH LAWS WILL BE PROSECUTED FULLY. IN ADDITION TO ANY CRIMINAL PROSECUTION, VIOLATORS MAY BE SUBJECT TO CIVIL PENALTIES FOR ANY DAMAGES ATTRIBUTABLE TO THEIR VIOLATION.
2.6 YOU AGREE THAT ACCESSING THIS SITE WILL NOT CAUSE YOU TO VIOLATE ANY LAWS WHATSOEVER AND THAT YOUR ACCESS TO THIS SITE IS SOLELY FOR ENTERTAINMENT PURPOSES.
2.7 You may be transferred to third party sites through links from this Website. This site does not sell any good or service to. We do not investigate, recommend or sponsor any sites, services or persons listed in our directory and do not recommend, encourage or facilitate meetings between users of this site and persons or companies listed in our directory. You are cautioned to be sure that all such sites and persons offer services which are healthy, lawful and safe, and to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. If you find that any site listed in our directory does not provide healthy, safe or lawful services, please notify us immediate via email at webmaster@GeishaAffair.com.
2.8 You are knowingly and voluntarily assuming all risks of using such sites, meeting such persons and/or purchasing services. You agree that the Company and its licensors and advertisers shall have no liability whatsoever from your usage of such third party sites, purchasing of such services and/or meeting of such persons.
2.9 These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company does not monitor the contents of such sites. The Company does not sponsor or recommend these sites. You agree that the Company is not responsible for the products, services, accuracy, copyright compliance, legality, decency, health, safety or any other aspect of the contents, services or any transmissions received through such sites.
3. User's Code Of Conduct
3.1 You agree, warrant and covenant to use the Websites in accordance with the following Code of Conduct and You agree and acknowledge that in The Company’s sole discretion the Company may, but is under no obligation to reject or delete any materials posted or uploaded by You which violates any of the following provisions, and/or to terminate Your right to use or access the Websites for violating these provisions:
3.2 You will not use nor attempt to use the Websites to engage in any form of illegal conduct, harassment or offensive behavior, including but not limited to the posting or uploading of communications or any graphic, video or audio content to the Websites which contain libelous, slanderous, abusive or defamatory statements, or racist, obscene or offensive language.
3.3 You will not use nor attempt to use the Websites to infringe the privacy rights, property rights, or other civil rights of any person;
3.4 You will not use nor attempt to use the Websites in any way which (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law.
3.5 You hereby agree that You will not redistribute this material to anyone nor will You permit any minor to access this site, or any other person who might find such material personally offensive. You further agree that You will not allow any person who is under the jurisdiction of any municipality, city, state, county, province, country, or other governmental entity where viewing sexually oriented material, and specifically the material on the Websites is prohibited by law to access any sexually oriented material on or from the Websites.
4. Grant of Limited License With Reservations
4.1 You acknowledge and agree that all materials contained at the Websites are proprietary and constitute valuable copyright, trademark and other intellectual property owned by the Company or others who have licensed or authorized use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Websites only as authorized by the Company.
4.2 Subject to all the terms and conditions set forth herein, the Company hereby grants You a limited, non-exclusive and non-transferable license to use view photos, text, hyperlinks, interlinks, search engines, and other software ("Materials") associated with authorized use of the Websites which Company provides during the period in which You are a current User in good standing. You may use the Materials only in accordance with these terms and conditions of Use. You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices, including copyright and trademark notices, or labels on the Materials; and (6) making any other use of the Materials not specifically authorized by the Company. This license does not grant You any rights to any software enhancements or updates of any kind. For the purpose of this paragraph, a "User in good standing" is a User who has not violated any of the Terms and Conditions of Use of this website.
4.3 You acknowledge that You understand that the Company does not authorize access to any part of the Websites in any manner contrary to the express provisions of this Agreement.
4.4 You represent and warrant to the Company that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any materials available at the Websites in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use.
4.5 You hereby acknowledge that You understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Websites to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS in Section 5 below.
4.6 You hereby acknowledge and agree that Company does not authorize access to any parts of the Websites in any manner which bypasses this Agreement. You further acknowledge and agree that You may not "bookmark" photographs or other materials inside the Websites or directly access files designated as part of the Websites except through appropriate authorization pages as specified by the Company and You further agree that You shall not attempt to do so.
4.7 You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Websites in violation of the terms and conditions set forth herein, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other unauthorized use of materials in PROHIBITED AREAS in any manner, shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.
4.8 You further acknowledge that the unauthorized use of any of the materials available at the Websites would cause irreparable injury to Company and that, in the event of a violation or threatened violation of any of Your obligations hereunder, the Company shall have no adequate remedy at law and shall therefore be entitled to enforce each such obligation by appropriate temporary or permanent injunctive or mandatory relief obtained in any court of competent jurisdiction without the necessity of proving damages, posting any bond or other security, and without prejudice to any other rights and remedies which may be available at law, in equity, or otherwise.
5. Prohibited Areas
5.1 All of the following areas constitute PROHIBITED AREAS from which no part of the Websites may be accessed, viewed, downloaded or otherwise received:
5.1.1 All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates, North Korea; and
5.1.2. All parts of every other geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Websites would constitute a violation of any law, regulation, rule or custom, including the contemporary community standards of that jurisdiction with respect to the viewing, accessing or other use by adults of materials which consist of graphic, sexually explicit content.
6. Indemnification For Unauthorized Use Of Proprietary Materials
You agree to be personally liable and fully indemnify and hold harmless the Company, its employees, directors, officers, agents, as well as the Company’s successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from the Websites by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from the Websites including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s). Geisha affair Website is not responsible or liable for Google or any other internet search engine to cache the content of our site.
7. Company's Proprietary Rights To Content
Except for public domain material or material otherwise licensed to or authorized for use by Company for electronic dissemination, all Materials displayed at or otherwise available through the Websites are proprietary, and, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of the Websites, and all Materials and other matter used directly or indirectly in, at, by, through and/or with the Websites are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at the Websites shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to You herein grants to You no rights to use such content except as set forth herein. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a User in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Materials in Your possession. For the purpose of this paragraph, a "User in good standing" is a User who has not violated any of the Terms and Conditions of Use of this website.
8. Limitations On The Company's Liability
8.1 You acknowledge and agree that Company shall not be held responsible in any way for the outcome of any contact or meeting, whether in person, by telephone or any other means, resulting from advertisements placed or responded to, or messages or communications sent or received by Users or advertisers through the Websites, or through any use, directly or indirectly, of the Websites. You further acknowledge and agree that the Websites do not screen any users or advertisers of the Websites, has no control over their actions and makes no representations or warranties with respect to the character, veracity, age, health or any other attribute of users of the Websites, including any person who places advertisements in the Websites; You further acknowledge and agree that the Websites do not endorse, encourage, recommend or arrange communications or meetings among users or advertisers of the Websites, or any other persons, and You are expected to use reason and take appropriate measures and precautions to insure Your own personal safety and privacy in the event that You choose to communicate with, or meet with any person with whom you have communicated through advertisements posted on the Websites. All such communication, interaction and participation is strictly and solely between you and the advertiser involved and Company shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the advertiser or any goods or services you may purchase or obtain from any advertiser). Company will not be a party to or is in no way responsible for monitoring any transaction between You and an advertiser.
8.2 The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Websites or any other form of link or re-direction of your connection to, with or through the Websites, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Company, its affiliates or any of its or their respective members, managers, employees, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. Company does not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether Company or any affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement.
8.3 YOU AGREE THAT MATERIALS AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The entire risk as to the quality and performance of the Materials and all services provided by Company is borne by You. Should the Materials or any other service provided by Company prove defective and/or cause any damage to Your computer or inconvenience to You, You, and not Company, assume the entire cost and all damages which may result from any and all such defects. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensees, resellers, or other Users or their suppliers, licensees, resellers or Users be liable to You or any other person for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms. Trojan Horses or other destructive software or materials, or communications by You or other users of the Websites, or from any use of Materials or from any use of the Websites whatsoever. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.
8.4 YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITES OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.5 The Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through the Websites.
8.6 No warranty is made by Company regarding any information, services, Materials or products provided through or in connection with the Websites, and Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to You.
8.7 You acknowledge that use of the Websites is at Your own risk. We do not represent or endorse the accuracy of reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Websites or by a User of the Websites or any other person or entity.
9. Disclaimer Regarding Third Party Content/Limitation Of Liability
9.1 You acknowledge that You understand that the Company is not responsible for, nor can the Company control, the use by others of any information which You provide to them through the Websites, or otherwise, and that You have been advised that You should use caution in selecting the personal information You provide to others through the Websites;
9.2 You acknowledge that You understand that the Company cannot ensure nor does the Company make any representations or warranties regarding the security or privacy of information that You voluntarily provide through the Internet and Your email messages, and that You release the Company from any and all liability in connection with the use or misuse of such information by other parties;
9.3 You further acknowledge that You understand that the Company does not control the content of any information, messages, communication or other materials posted or uploaded by Users of the Websites, including without limitation all advertisers, and that consequently You release the Company from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other Users of the Websites.
9.4 You further acknowledge that You understand that the Company does not guarantee or vouch for the accuracy or truthfulness of any messages, communication, information or content of any kind which has been posted, uploaded or provided by other Users of the Websites, including without limitation all advertisers, and that consequently You release the Company from any and all liability and responsibility in connection verifying, the accuracy of any such messages, communication, information or content of any kind provided by other Users of the Websites.
9.5 You further acknowledge that You understand that the Company does not screen, endorse, monitor, control, investigate, supervise or verify any advertisements or communications submitted to the Websites by third-party licensees, advertisers, or Users for electronic dissemination through the Websites. All Users of the Websites are therefore cautioned and advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Websites prior to purchasing goods and/or services described at the Websites or otherwise responding to any communication at the Websites.
9.6 Some of the content of the Websites might be accessed by You via hyperlinks which will connect You to third-parties, or to third-party Websites that may provide content to the Websites. The Company has no editorial control or supervision over selection or display of the content provided by those third parties or those third-party Websites and those parties are solely responsible and liable for that content.
10. Notices To Company Or Users
10.1 Notices from the Websites to authorized Users may be given by means of electronic messages or by general posting on the Websites. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.
10.2 All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at webmaster@GeishaAffair.com.
11. Notice and Procedure for Making Claims of Copyright Infringement
If you believe the Websites contain elements that infringe Your copyrights in Your work, please follow the following procedures:
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2): all notifications of claimed copyright infringement on the Websites should be sent ONLY to our Designated Agent. NOTE: The following information is provided solely for notifying the service providers referenced below that your Copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent: Service Provider(s): ZARATHUSTRA, LLC
Name of Agent Designated to Receive Notification of Claimed Infringement: Daniel A. Pepper, Esq. Full Address of Designated Agent to Which Notification Should be Sent: Pepper Law Group, LLC, 72 West End Ave., Somerville, New Jersey 08876
Telephone Number of Designated Agent: (908) 698-0330
Facsimile Number of Designated Agent: (908) 248-9220
E-mail Address of Designated Agent: webmaster@GeishaAffair.com For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Webmaster at webmaster@GeishaAffair.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) Your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without Your consent. You do not have the right to assign or transfer this Agreement or any rights thereunder to any other person or entity without the Company’s prior written consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.
13. Venue And Jurisdiction
This Agreement and your use of the Websites shall be governed by, construed and enforced in accordance with the substantive laws of the State of Nevada applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Nevada and County of Clark and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Company has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
14. Unenforceability Of Provisions
If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.
Failure of the Company to insist upon strict compliance with any of the conditions of this Agreement shall not be construed as a waiver of any such condition or conditions.
16. Entire Agreement
This Agreement contains the entire agreement between You and Company regarding use of the Websites, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.
You acknowledge and agree that the terms and conditions of this Agreement are subject to change by Company at any time and shall be effective after notice to Users by posting at or via hyperlink to the Websites, and your subsequent assent thereto. You acknowledge and agree that your failure to assent to any changes may result in your inability to use or access all or part of the Websites.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
17. UK Office Address
Zarathustra DBA Geisha Affair
66-68 High Road, Bushey Heath, Herts WD23 1GG
Please do not send mail to this address
Copyright © 2009 ZARATHUSTRA LLC - All Rights Reserved.
YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.