PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR SERVICE CAREFULLY.
YOU ACKNOWLEDGE AND ARE AWARE THAT THE SERVICE WILL FEATURE EXPLICIT DEPICTIONS OF SEXUAL ACTIVITY, AND OTHER INFORMATION AND MATERIALS OF A GRAPHIC AND/OR SEXUAL NATURE.
You acknowledge and agree that by using our websites, software, feature and online (collectively, the “Service”), you agree to the terms and conditions set forth in these Site Terms (these “Terms & Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove provisions of these Terms & Conditions at any time. You should these Terms & Conditions periodically for changes. By using the Service after we post any changes the Terms & Conditions or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our Service and you should arrange to cancel your user account and/or membership with us, as applicable.
BY USING OUR SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE OF EIGTHEEN (18) AND HAVE THE LEGAL AUTHORITY AND RIGHT IN YOUR JURISDICTION OF RESIDENCE TO ENTER INTO THESE TERMS & CONDITIONS AND BE BOUND BY THE TERMS SET FORTH HEREIN.
1. Scope of Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the websites which are owned or operated by O’actually, Inc. (“O’actually”) and our affiliates (collectively, “we,” “us,” or “our”), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our “Website”). For purposes of these Site Terms, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, O’actually.
2. Terms & Conditions – In General
By using this Website and/or our Service, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed these Terms & Conditions. If you do not comply with these Terms & Conditions at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof) and/or our Service. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or our Service, including, but not limited to, (i) restricting the time the Website and/or Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website and/or the Service. You agree that any termination or cancellation of your access to, or use of, the Website and/or the Service may be effected without prior notice. If you do not abide by the terms of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or the Service. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website and/or the Service except for a refund of any fees or charges prepaid by you with respect to the Service in accordance with paragraph 6 of these Terms & Conditions. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or these Terms & Conditions, or any policies or practices by us in providing this Website or the Service, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Service, is to cancel or terminate your subscription or registered user account, as applicable.
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided hereon, and Service that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, the Website and/or the Service. You understand that only you may use your user account and password, and that your subscription to our Service is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of the Service subscribed to by you.
From time to time, we may supplement these Terms & Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms”). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms & Conditions.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and Service and the material provided thereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that the Service contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website and Service are trademarks of their respective owners. O’ACTUALLY and LOVE WHAT FEELS GOOD are the trademarks of O’actually. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website or Service. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
4. Becoming a Registered User
There is no cost to become a registered user of our Website. You do not have to become a registered user to use this Website. However, if you do not register, you may be precluded from using certain products, offerings, features, or resources of our Website. If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
5. Charges and Fees for the Service
Certain portions, components, content and features of the Service are only available to individuals who purchase a membership or otherwise pays for certain elements of the Service. As a subscriber to the Service, you agree as follows:
- You agree to pay, using a valid credit card or Dwolla account (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees set forth on this Website applicable taxes, and other charges and fees incurred in order to access certain aspects of the Service. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). We will automatically charge your credit card or other account at the start of the applicable billing period and at the start of each renewal period, if applicable, unless you terminate or cancel your subscription before the relevant renewal period begins. Except if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use membership only elements of the Service, you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Service. If you were eligible for a discounted rate but are no long eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the renewal period. If you wish to purchase another prepayment plan for multiple periods and we are currently offering prepayment plans at such time, you must notify us prior to the termination of your current prepayment plan.
- In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to the Website and the Service, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Service.
- For purposes of your use of the Service including identification and billing, you agree to provide us with true, accurate and complete information as required by the membership or sign up process to the Service (“Membership Data””), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Membership Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Membership Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or the Service. You are obligated to check your “My O’account” feature of our Website to determine whether your Membership Data is current and accurate, and, if not, to correct or update your Membership Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
- If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms & Conditions or by law.
- You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Membership Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the O’account feature of this Website to update your Membership Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
- Your failure to satisfy limitations we set based on demographic, geographic, or other similar criteria, or if we terminate your subscription prior to the end of the applicable period, you agree that all fees and charges assessed by us are nonrefundable. If you subscribe to a prepayment plan for multiple periods (e.g, a 3-month prepayment plan) and you decide to cancel during such prepayment period, we will refund you the difference, if any, between the amount you paid and the amount you would have incurred if you were subject to our standard pricing in effect during such time and not subject to our special pricing offered through any prepayment plan.
6. Cancellation of Subscription
You can cancel your subscription by contacting Customer Service or by such other means as we may provide from time to time. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
7. Availability of the Service
The availability and use of the Service may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to the Service or may terminate your subscription to the Service at any time based on these criteria. For example, individuals under the age of 18 may not subscribe to the Service.
8. Privacy and Security
9. 18 U.S.C. 2257 Statement of Compliance
All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, this Website were over the age of eighteen (18) years at the time the visual image was created. Records required for all depictions of actual sexually explicit conduct by Title 18 U.S.C. 2257 are on file with the Custodian of Records as follows:
361 Rt. 31, Bldg. E
Suite 1402, 2nd Floor
Flemington, NJ 08822
If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website any Content (collectively, the “Submissions”), you grant O’actually and its successors and assigns a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such Submissions, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to O’actually the foregoing license without infringing or violating the rights of any third party. Without in any way limiting the foregoing, you acknowledge and agree that O’actually, its licensees, affiliates, successors and assigns, shall have the right to sell, license, assign and otherwise transfer any and all of the rights granted by you to O’actually under these Terms of Service, and to display any advertising, publicity, promotional materials and distribution rights in connection with your Submission(s). You acknowledge and agree that O’actually, its licensees, affiliates, successors and assigns, will be entitled to retain any and all revenue generated from any sales, licenses, assignments and other transfers of the rights granted by you hereunder, as well as any and all revenue generated by the display of any advertising, publicity, promotional materials or distribution rights in connection with your Submission(s). Nothing in these Terms & Conditions obligates or may be deemed to obligate O’actually or any other person or entity to exercise any of the rights granted by you under these Terms & Conditions. You will not receive any compensation of any kind for your Submissions or the use thereof, and you agree that there is no industry or other custom or practice that will vary these Terms & Conditions. You agree that O’actually, its licensees, successors and/or assigns, shall have no obligation to give you credit for your Submissions, but in their sole discretion may elect to do so. Except as otherwise explicitly provided, your Submission(s) will not be acknowledged or returned. You acknowledge and agree that your Submission(s) is/are being sent voluntarily by you, and not in confidence, and that no confidential relationship is intended or created between O’actually, and/or any other person or entity, on the one hand, and you, on the other hand, by your submission of the Submission(s). You also agree that O’actually does not intend and will not pay you for any Submission(s), except as otherwise expressly provided in writing. You understand that no industry custom or practice changes your agreement that you will not be paid for any Submission(s).
By providing Submission(s), you consent to the recording, use and reuse by O’actually, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material, and any other identifying information, including, without limitation, any information contained in your Submission(s) (collectively, “Personal Elements”), as used, edited, altered, fictionalized or modified by O’actually, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with O’actually, or related Websites or Service, in and in connection with advertising, promotion and publicity.
Except as expressly set forth in these Terms & Conditions, you shall continue to own all rights in and to the Submission(s). Notwithstanding anything else in these Terms & Conditions, O’actually should not be seen as endorsing any Submission(s) in any way. Submission(s) posted through the online services are provided by users like you who are unaffiliated with O’actually,, and the user providing Submission(s) is solely responsible for his/her own Submission(s). This means that you, and not O’actually, are entirely responsible and liable for any claims, loss or damages relating to all Submission(s) that you upload, post, email or otherwise transmit via the online services. None of O’actually or its affiliates, or its or their officers, directors, and employees, subsidiaries and/or affiliates are responsible for Submission(s), accuracy or opinions expressed on the online services, nor shall they have any liability for any such Submissions. O’actually does not investigate, monitor or check for accuracy or completeness of Submission(s). You understand that by using the Website or Service, you may be exposed to Submission(s) that are offensive, indecent, or objectionable.
For Additional Terms relating to Submissions related to the O’actually Festival or any other Submissions depicting actual or simulated adult activity, please refer to the Submission Agreement.
11. Age Restrictions
YOU ACKNOWLEDGE AND ARE AWARE THAT THE SERVICE AND SOME CONTENT WILL FEATURE EXPLICIT DEPICTIONS OF SEXUAL ACTIVITY, AND OTHER INFORMATION AND MATERIALS OF A GRAPHIC AND/OR SEXUAL NATURE AND IS INAPPROPRIATE FOR THE USE BY CHILDREN.
INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO THE SERVICE OR USE THE AGE-GATED AREAS OF THE WEBSITE.
These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
13. Third Party Products and Services
You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
14. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
d) your name, mailing address, telephone number and email address;
e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement: Vigdis Bronder, 3300 SE 58th Ave, Portland, OR 97206.
15. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE SERVICE) ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER O’ACTUALLY, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE SERVICE) STREAMED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE SERVICE).
NEITHER O’ACTUALLY, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE SERVICE) IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
16. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE SERVICE); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE SERVICE) ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE SERVICE); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, THE SERVICE); OR (F) ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF PROVISION OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE AND SERVICE.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our products or offerings (including, without limitation, the Service), your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
18. Governing Law and Choice of Forum
These Terms & Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website (including, without limitation, the Service) or these Terms & Conditions shall be filed only in the state or federal courts located in Boston, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
19. Miscellaneous Terms
In any action against us arising from the use of this Website (including, without limitation, the Service), the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
We may assign our rights and obligations under these Terms & Conditions. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms & Conditions, or to exercise any right under these Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Last modified as of November 25, 2014.