Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE.

 

 

BY ACCESSING, BROWSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL.  IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE EXIT THIS WEBSITE IMMEDIATELY.

 

Acceptance.  This Agreement constitutes your agreement with Toeentertainment, LLC and its subsidiaries and affiliates including Seniorsgonewild.org (collectively, "Toeentertainment") with respect to your use of the www.Seniorsgonewild.org website (the "Website").  You must agree to abide by all of the terms and conditions contained in this Agreement in order to continue viewing or using the Website.  Toeentertainment, LLC  reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion.  Your continued use of the Website after any changes are made shall be deemed your acceptance of the changes.  It is incumbent on you to refer to this page from time to time to make sure that you are aware of any additions, revisions, or modifications that may have been made to this Agreement.

 

Use of Forums; Posted Material.  THE WEBSITE IS PROVIDED FOR ENTERTAINMENT PURPOSES ONLY.  The Website, and any information or advice contained on the Website, is solely for the personal, non-commercial use of Website members.  You shall not distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, on the Website.

 

You may not copy, modify, distribute, transmit, display, alter, perform, reproduce, transfer, resell, or republish any of the contents of the Website without the prior written consent of Toeentertainment, LLC, which may be withheld in its sole and absolute discretion.

 

You shall not upload, distribute or otherwise publish through the Website any information that is defamatory, obscene, abusive, libelous or slanderous, or otherwise violates any law. 

 

The Website contains several message areas (collectively, the "Message Areas") in which Website members may express their opinions, share their ideas, and generally communicate with other Website members.  Toeentertainment, LLC  does not actively monitor the Message Areas, and does not endorse any information or any opinions that may be posted in the Message Areas.  Toeentertainment, LLC  reserves the right to block and/or remove any abusive or non-compliant Website member from using any of the Message Areas.  In addition, you warrant that you have waived all rights in any materials that you upload to the Message Areas or to any other area of the Website.

 

Toeentertainment, LLC does not and cannot review all of the information posted by Website members, and shall be considered to be, to the greatest extent possible, merely a common carrier of any uploaded material on the Website.  You agree that Toeentertainment, LLC is not responsible for any content of any message or posting on the Website by any third party.

 

If you believe that certain posted information on the Website is false, or you have any questions concerning the Website, you may contact Toeentertainment, LLC at:

 

Email: contact@seniorsgonewild.org

 

Toeentertainment, LLC reserves the right to delete or edit Website information for any reason, including but not limited to violations of the terms and conditions of this Agreement.  Users shall remain solely responsible for the content of their messages.

 

You shall use the Website at your own risk.  You agree that you shall be responsible for any communication, direct or indirect, face-to-face or otherwise, that you may undertake with any other member of the Website.  You acknowledge that Toeentertainment, LLC has not personally met any of its Website members, and is not responsible for the intentional or unintentional actions of such members.

 

Copyrights and Other Intellectual Property.  Except where otherwise expressly noted or as noted below, all of the contents of the Website, including the graphics, icons and overall appearance of the Website, are the sole and exclusive property of Toeentertainment, LLC.  The posting of the Website neither constitutes a waiver of any of Toentertainment, LLC’s proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the website user or to any third party.  The contents of this Website are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws.  You agree not to delete any copyright, trademark or similar notice from any contents you obtain from the Website.  You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website.  Except where otherwise noted herein, the copying or storage of any of the Contents from the Website is expressly prohibited without prior written permission from Toeentertainment, LLC.

 

The display of trademarks within this Website does not grant a license of any kind to the reader.  Any downloading of contents from the Website or any website linked to the Website may be a violation of federal and other trademark laws and federal copyright laws.

 

Links to and from Other Websites.  The Website displays links to one or more websites operated by third parties.  If you use these links, your browser will direct you to those third party sites, and you will leave the Website.  Toeentertainment, LLC  has not reviewed all of the products and services offered by these third party sites, and does not control, and is not responsible for, any of these sites or their content.  To order any products or services from any of the third party sites, you must deal directly with the third party merchants.  The links to third party sites do not constitute an endorsement of such third party sites by Toeentertainment, LLC, or any of its subsidiaries or affiliates. 

 

Any World Wide Web site that links to the Website: (a) Shall not create a border environment around any of the content of the Website; (b) Shall not imply that Toeentertainment, LLC or any of its affiliates or subsidiaries are endorsing it or its products; (c) Shall not present false information about Toeentertainment, LLC or its services; (d) Shall not use the names "Toeentertainment", "Seniors Gone Wild" or "Seniorsgonewild" or any derivative thereof, without prior written permission from Toentertainment, LLC; and (e) Shall not contain content that could be construed as distasteful, offensive or controversial.

 

Transmissions to and from this Website.  Except where expressly indicated otherwise, transmissions to and from the Website, or transmissions directed to Toeentertainment, LLC, including e-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the party to whom the transmission was meant to be sent.  Any transmission to this Website, including e-mails, shall become the property of the Website, and may not be returned.  Toeentertainment, LLC  shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Website user to Toeentertainment, LLC through the Website.

 

Club Listings.  The Website offers its members the opportunity to search through lists of local clubs that promote the swinger lifestyle.  This service is provided as an accommodation to Website members, and is not an endorsement of any particular club.

 

Free Account Limitations.  The Website offers both free and paid accounts.  While you may register for multiple paid accounts, you may only have one free account.  Toeentertainment, LLC  reserves the right to terminate any free account without prior notice if, in Toeentertainment, LLC 's sole discretion, it is determined that a single customer has more than one free account. 

 

Giveaways; Promotions.  Occasionally the Website will offer certain giveaways or promotional packages to its members.  Any giveaways or promotions are provided "as is", and Toeentertainment, LLC does not guarantee the accuracy, delivery or provision of such promotions or events.  You agree that Toeentertainment, LLC will be held harmless for any issues or disputes arising from your acceptance of, or participation in, such promotions or events.

 

Email.  When you become a member of the Website, you may be required to provide us with your current email address.  From time-to-time we may use your email address to send you information about special events, promotions or updates to the Website.  By joining the Website, you give Toeentertainment, LLC permission to send you such email.  You agree that we may continue to send you such email until you opt-out of receiving email from the Website in writing.  If you wish to opt-out of receiving email, you should click the "opt out" link located at the bottom of the email we send to you.  You agree that if you opt-out of receiving such email, Toeentertainment, LLC  shall have a reasonable time (approximately 5 business days) to remove your email address from its subscriber list.

 

Email addresses are solely for the legitimate use of Toeentertainment, LLC and its members.  You acknowledge and agree that you shall not use any email address obtained from the Website for any purpose other than as directed by the Website and/or the individual member.  Any unauthorized use of any email from the Website will be investigated and prosecuted to the fullest extent of the law. 

 

Available Only Where Permitted by Law.  The services of Toeentertainment, LLC and the Website are available only where permitted by law.  By using the website, you warrant that the laws of your particular jurisdiction do not prohibit your activities or your use of the Website.

 

Governing Law and Venue.  These Terms and Conditions shall be governed by and construed in accordance with the law of the State of New Mexico, without regard to the conflict of laws thereof, and to the laws of the United States.  The sole and exclusive venue for any dispute arising from the use of the Website shall be in Bernalillo County, New Mexico for all State Court matters and the United States District Court - District of New Mexico for all federal court matters.

 

Severability.  To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.

 

Waiver.  The failure of Toeentertainment, LLC to enforce any of the terms and conditions listed herein shall not be considered a waiver of its right to enforce that or any other term or condition at any later time.

 

No Warranties.  Although Toeentertainment, LLC attempts to re-publish accurate information, images, pictures, logos, icons, documents, and materials (collectively, the "Contents") on the Website, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose.  THE WEBSITE, INCLUDING THE CONTENTS AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, IS PROVIDED "AS IS."  TO THE FULLEST EXTENT PERMITTED BY LAW, TOEENTERTAINMENT, LLC AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON THE WEBSITE; (B) THE MATERIALS, INFORMATION AND FUNCTIONS ACCESSIBLE BY OR THROUGH THE WEBSITE; (C)  ANY THIRD PARTY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO SUCH THIRD PARTIES; (D) ANY CONTENT IN ANY MESSAGE AREA ON THE WEBSITE; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. 

 

FURTHER, TOEENTERTAINMENT, LLC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. 

 

TOEENTERTAINMENT, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMERS MAY NOT BE APPLICABLE IN ALL JURISDICTIONS.

 

Limitation of Liability.  In no event will Toeentertainment, LLC or its subsidiaries, affiliates, contractors, or employees be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, whether under a contract, tort, negligence or any other theory of liability, arising in connection with any party's use of the Website, any party's reliance on the content contained in or through the Website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line system failure, loss of data, or loss of use related to this Website or any website operated by any third party, even if Toeentertainment, LLC is aware of the possibility of such damages. If your use of this Website results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.  In no event shall Toeentertainment, LLC 's collective liability for any and all causes of action(s) or claim(s) arising from your use of this Website exceed one-hundred dollars ($100.00).  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above might not apply to you.

 

Indemnification.  You agree to indemnify and hold harmless Toeentertainment, LLC, its affiliates and its respective directors, officers, employees and agents from and against all claims, fees, costs and expenses (including attorneys' fees) that arise out of your use of the Website, or your breach of any of the terms and conditions described herein. 

 

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act. 

 

Toeentertainment, LLC respects the rights of all copyright holders and in this regard Toeentertainment, LLC has adopted and implemented a policy that provides for the termination in appropriate circumstances of Website members and account holders who infringe the rights of copyright holders.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Toeentertainment, LLC 's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

 

---A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

---Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

---Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

 

---Information reasonably sufficient to permit us to contact the complaining party;

 

---A statement that the complaining party has 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,

 

---A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

 

Toeentertainment, LLC 's copyright agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows: contact@seniorsgonewild.org.

 

Promotion of Website.  You shall not promote or advertise the Website on any other website under your care or control without the prior written permission of Toeentertainment, LLC.  Further, you agree that you shall not disparage the Website or post false messages about the Website, or cause the Website to appear in a false or negative light in or through any email, bulletin board or chat area of the Website. 

 

Compliance with this Agreement.  You agree to abide by these Terms & Conditions at all times when using or viewing the Website.  Toeentertainment, LLC  reserves the right to terminate, without prior notice, the account(s) of any customer that, in Toeentertainment, LLC's sole discretion, fails to strictly adhere to these Terms and Conditions.  In the event that Toeentertainment, LLC terminates a paid account, all membership fees paid up to the date of termination are nonrefundable.

 

Miscellaneous.  This Agreement contains the sole and entire agreement between the parties with respect to the use of this Website and supersedes any and all other prior written or oral agreements between them.  Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement.  It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter.  The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement.  If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.