Dawnsplace.com - Terms and Conditions. THIS WEB SITE CONTAINS EXPLICIT AMATEUR CONTENT, XXX ADULT CONTENT AND NUDITY AND DEPICTS SEXUAL ACTIVITY. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION (WHICHEVER IS GREATER) TO ACCESS, VIEW OR ENTER THIS WEB SITE ("Web Site"). BEFORE YOU ACCESS, VIEW OR ENTER THIS WEB SITE, AND BEFORE YOU BECOME A MEMBER, SHOULD YOU DECIDE TO DO SO, YOU MUST READ AND ACCEPT ALL THE TERMS AND CONDITIONS OF THIS CONTRACT. BY ACCESSING, VIEWING OR ENTERING THIS WEB SITE AND/OR BY BECOMING A MEMBER THROUGH ANY MEANS, AND IN CONSIDERATION OF DAWN'S PLACE LLC, OPERATING AS DAWNSPLACE.COM ("Dawn's Place") PROVIDING YOU WITH ACCESS TO THE WEB SITE AND ITS CONTENT ("Content" means all photographs, text, images, video, audio, graphics, chat, products and services available through or by use of the Web Site), YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS CONTRACT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS CONTRACT, YOU MUST LEAVE NOW, AND NOT ACCESS, VIEW OR ENTER THIS WEB SITE OR THE CONTENT. PART OF THIS CONTRACT IS A LIMITED LICENCE, WHICH ALLOWS YOU TO DOWNLOAD AND VIEW THE CONTENT BUT GIVES YOU NO OWNERSHIP RIGHTS IN THE CONTENT. ALL CONTENT IS SUBJECT TO COPYRIGHT. SOME CONTENT IS ALSO SUBJECT TO DIGITAL RIGHTS MANAGEMENT ("DRM") MECHANISMS AND TECHNOLOGY, WHICH WILL LIMIT YOUR ABILITY TO COPY, DISTRIBUTE AND RETAIN THE CONTENT. SOME DRM CONTENT IS SUBJECT TO TIME LIMITS AND EXPIRY OF YOUR ABILITY TO VIEW THE CONTENT. THIS CONTRACT LIMITS THE LIABILITY OF DAWN'S PLACE AND CREATES A LEGAL RELATIONSHIP AND CONTRACT WITH YOU. 1. Your Warranty and Representations to Dawn's Place: You warrant and represent, knowing that Dawn's Place is relying on such warranties and representations, as follows: a) You have read through and understood this Contract and are of full legal capacity and of the full age of majority in the jurisdiction in which you reside, and you are in any event of the full age of eighteen years of age or older. b) You have the legal right to obtain and possess the Content and adult oriented material in general in your jurisdiction and in your community and the Content is not in breach of the standards and laws of your community and jurisdiction. c) You do not find XXX amateur adult erotic images, adult content, photos, videos, pictures, stories, chat descriptions or depiction of sexual activities, nudity or similar matters, or the Content, to be either offensive or objectionable. In the event that at any time you do find the Content to be offensive or objectionable, you will immediately stop viewing the Content and destroy any copies of the Content on your computer or otherwise available to you. d) You are either the holder of the credit card used to make any payments, or you are authorized by the holder of the credit card to make such payment and all personal information provided to Dawn's Place by you (pursuant to our privacy statement) is true, complete and accurate. e) Any and all of the Content that you download, view, perceive or receive from Dawn's Place is and will be strictly for your own personal use. f) You will not copy, distribute or publish the Content to anyone else or post the Content, or any portion of the Content, in newsgroups or on any web site or otherwise make them available to others. g) You recognize, acknowledge and agree that the Content is subject to international copyright laws, and other intellectual property laws, and is the exclusive property of Dawn's Place or its licensors. You further recognize, acknowledge and agree that some of the Content is or may be subject to DRM or similar technological measures designed to restrict your ability to copy, distribute or retain the Content, or portions of the Content, and you will not do anything to obstruct, work around, decompile, reverse engineer or otherwise affect, limit, restrict or end the effectiveness of any DRM measures or mechanisms. h) You will not do anything or omit to do anything which would allow any of the Content to be received, viewed or perceived by, or accessible to, anyone under the full age of 18 years, or the age of majority in the jurisdiction in which they are located, whichever is greater. You agree that it is important to prevent access to the Content and any similar such material by anyone under the age of legal majority and you will fully cooperate in the efforts of Dawn's Place to avoid such access being available. 2. Your Conduct: You agree that at all times: a) You will follow all the rules and regulations set by Dawn's Place from time to time, which rules and regulations are currently as set out in this Contract and in our Privacy Statement. These rules and regulations will apply to you whether you are accessing Content available without cost or Content provided only to members of the Web Site, or both. These rules and regulations apply to all use of the Dawn's Place Web Site; b) Your access to this Web Site is for your personal and non-commercial use only. This Web site may be used only for lawful purposes by adult individuals seeking entertainment and you agree to restrict your use to such lawful purposes; c) All Content made available to you, including content in the free portion of this Web Site, is provided on the basis that you will be entitled to retain one copy of each image or video file for your own enjoyment and personal use on one computer, and, where content is streaming, you will be entitled to access such streaming content for your own enjoyment and use; d) You will not disclose your user name, password or other account information to anyone and you agree that, in the event Dawn's Place discovers that you are doing or have done so, your account may be terminated without notice or refund. You agree that Dawn's Place may track, record and archive your IP address, ISP and other information in order to prevent sharing and distribution of access information to this Web Site and proprietary content owned by or licensed to Dawn's Place; and, e) You will not breach the laws or regulations of the country in which you reside, in which you are domiciled, or in which you may be temporarily present or subject for any reason to its laws, or of any other country reasonably connected with your use of the Web site. f) You will not use the Content in Canada. 3. Termination: Dawn's Place may terminate this Contract at any time without cause upon one month's notice. Dawn's Place, in its absolute discretion, will be the sole judge of whether you have breached any provision of this Contract and, if you have breached this Contract, any privileges granted to you may be revoked by Dawn's Place at any time without notice in their sole discretion. Upon such revocation, you acknowledge and agree that any Subscription you may have purchased shall be terminated, but, except as provided herein, you will not be entitled to a refund of any monies paid as of such termination, and you agree that Dawn's Place shall be entitled to retain such monies paid as partial compensation of damages sustained as a result of your breach of this Contract, whether or not such damages are provable or proven. 4. Termination by you: You may terminate this Contract at any time by emailing Dawn. Your notice must be actually received (not just sent) at least 24 hours before your billing date (one month from the anniversary date of your becoming a member) to be effective. Notices received less than 24 hours before the billing date or thereafter will be effective notice for termination as of the next billing date. 5. Refund Policy: All subscriptions are non-refundable. You agree that, in the event you wish to terminate, you will provide notice to Dawn's Place as provided in this Contract. Late receipt of notices of termination, howsoever caused, will result in your subscription being terminated at the end of the next billing month. 6. Waiver: You acknowledge that the Internet and web sites accessed by you are inherently dangerous and subject to computer, system and network failure as well as malicious human activity. While Dawn's Place will take such steps as are reasonable in the circumstances to maintain the security of this Web Site and your privacy with respect to information you provide, you agree that you use this Web Site completely at your own risk and that in no event shall Dawn's Place be held liable for any loss or damages, however caused, except as expressly provided in this Contract, even if the same is caused by the negligence of Dawn's Place. 7. Disclaimer: DAWN'S PLACE DOES NOT WARRANT THAT THIS WEB SITE WILL OPERATE ERROR-FREE OR THAT IT AND ITS SERVER OR SERVERS ARE OR WILL BE FREE OF COMPUTER VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CONTENT, DEVICES OR PROGRAMS. THIS WEB SITE AND ITS CONTENT AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY THE LAW, DAWN'S PLACE DISCLAIMS ANY AND ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. DAWN'S PLACE MAKES NO WARRANTY OR REPRESENTATION OF NON-INFRINGEMENT. DAWN'S PLACE FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ALL CONTENT ACCESSED BY THE WEB SITE. 8. Limitation of Damages: YOU FURTHER AGREE THAT ANY AND ALL DAMAGES RESULTING FROM THE USE OF THIS WEB SITE, WHETHER IN TORT, CONTRACT OR ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, DIRECT DAMAGES, INDIRECT DAMAGES, GENERAL DAMAGES, SPECIAL DAMAGES, ECONOMIC DAMAGES, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES, AND WHETHER OR NOT FOR LOSS OF DATA, LOSS OF INFORMATION OR LOSS OR DAMAGE TO PROGRAMS, OR DAMAGE TO COMPUTERS OR NETWORKS, OR FROM BREACH OF PRIVACY AND/OR SIMILAR PERSONAL RIGHTS, OR FROM INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER OR NOT DAWN'S PLACE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL IN ALL CASES BE LIMITED TO A REFUND OF THE COST OF ONE MONTH'S SUBSCRIPTION IN THE WEB SITE. 9. Injunctive and Similar Relief: You agree that any breach by you of this Contract will not be fully compensable in damages and you therefore agree that Dawn's Place shall be entitled to immediate equitable, injunctive and other similar relief against you. 10. Your Warranty of Accuracy and Waiver of Privacy: You agree that, by registering with this Web Site, you will be providing Dawn's Place with certain information which you acknowledge and agree that Dawn's Place may disclose to third parties, but only on an anonymous basis. All information provided which discloses your identity, address or contact information shall be governed by the Privacy Statement set out on this Web Site by Dawn's Place. 11. Indemnity: You agree to indemnify and save harmless Dawn's Place for any damages sustained should you breach any provision of this Contract. 12. Grant of Limited License: Subject to the terms and conditions of this Contract, Dawn's Place grants to you a non-exclusive, limited and revocable license to download and view the Content on your computer for your own personal and non-commercial use. You do not own the content. Upon termination of this Contract, any and all content subject to DRM measures may cease to be accessible, viewable or audible, depending on the terms and operation of the DRM measures. Content not subject to DRM measures and in your possession will continue to be accessible, viewable and printable, but will in all cases remain subject to this limited license following termination of this Contract. All provisions of this Contract with respect to this grant of license and reservation of rights will survive the termination of this Contract, howsoever caused. 13. Non-Assignment by You: You may not assign this License and Contract. It is and shall remain personal to you. 14. Agreement as to Renewal of Subscription: By becoming a member and supplying Dawn's Place with your credit card number and other information, you warrant and represent that you wish to become a member on a continuous and permanent basis until you advise Dawn's Place otherwise. As a convenience to you, you request that Dawn's Place not contact you every month to renew your Subscription and that, unless and until you terminate as provided herein, Dawn's Place will automatically bill your credit card to renew your Subscription every month in order to allow you continuous and uninterrupted access to the entire Dawn's Place Web Site. Your agreement to and acceptance of this Contract is your approval for Dawn's Place to bill you monthly as provided herein. In the event that you do not wish your Subscription renewed, you will provide notice of such intent as provided above. 15. Entire Agreement: This document sets forth the entire agreement, contract and understanding between you and Dawn's Place and merges all prior representations made or documentation provided, including anything contained in or on this Web Site, and Dawn's Place shall not be bound by any conditions, definitions, warranties, understandings or representations with respect this Contract other than as expressly provided herein. 16. Other Sites: You agree that Dawn's Place has no control over the content or performance of any web site linked to or from this Web site, that Dawn's Place expresses no opinion concerning the content or performance of any such web site, and that Dawn's Place shall in no event be held liable or responsible for the content of any such web site. 17. Governing Law: This Contract and License shall in all respects be governed by the laws of Province of Alberta, Canada and the laws of Canada in effect in the said Province at the time. You agree that any and all disputes will be adjudicated only by the courts of The Province of Alberta. You expressly submit to and attorn to the jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever. Nothing contained in this section shall prevent Dawn's Place from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for breach of this Contract. 18. Severance: Should any portion or portions of this Contract be held by a Court of competent jurisdiction to be unenforceable, then such portion or portions shall be severed from this Contract, and the remaining portions of the Contract shall be enforced.
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