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Score
Power Media, LLC and
Bindandgag.com Legal
Notices
As of May 1, 2005
Copyright Notice
Copyright © 2005-2006 Score Power
Media, LLC & Bindandgag.com, All rights
reserved. The material on this
site may not be reproduced and
may not be distributed, publicly
performed, proxy cached on AOL
or otherwise used, except with
the prior express permission of
Score Power Media, LLC
Bindandgag.com.
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Trademark Statement
Bindandgag.com
is trademark of Score Power
Media, LLC Bindandgag.com,
all pending or registered in
U.S. Patent and Trademark
Office.
CONTENT AND LIABILITY DISCLAIMER
ALL INFORMATION AND GRAPHICS IN
THIS WEB SITE ARE PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY
KIND. ALL INFORMATION AND
GRAPHICS IN THIS WEB SITE MAY
NOT BE REPOSTED TO THE INTERNET,
IN PRINT, OR ELECTRONICALLY IN
ANY PART OR FORM. GRAPHICS,
TEXT, VIDEOS, OR ANY OTHER PART
OF THIS SITE USED IN ANY PLACE
FOR PROFIT WILL RESULT IN
PROSECUTION FOR COPYRIGHT
INFRINGEMENT.
Bindandgag.com
RESERVES THE RIGHT TO MAKE
CHANGES TO THE INFORMATION AND
GRAPHICS IN THIS WEB SITE AT ANY
TIME AND WITHOUT NOTICE.
LEGAL
All images
are for entertainment and
considered non-violent. No humans were
harmed in the making of the
videos from which the images
were taken. All of the
performers in the videos
mentioned on this site are over
the age of 18, have consented to
perform in the videos of their
own free will, and believe you
have the right as a consenting
adult to watch adults do what
they enjoy. These videos are
meant to serve as entertainment aids, as
well as non-sexual entertainment.
NOTHING IN THESE VIDEOS & IMAGES
IS MEANT TO CONDONE THE PRACTICE
OF UNSAFE SEX OR VIOLENCE
AGAINST WOMEN. WE STRONGLY URGE
YOU TO ALWAYS PROTECT YOURSELF
AND YOUR PARTNER AND PRACTICE
SAFE SEX OUTSIDE OF A MONOGAMOUS
RELATIONSHIP. WE ALSO URGE YOU
TO NEVER TRY TO FORCE SOMEONE TO
HAVE SEX AGAINST THEIR WILL, NOR
TO HAVE SEX WITH A PERSON UNDER
THE AGE OF CONSENT WHETHER THEY
CONSENT OR NOT.
In
accordance with the five
levels US Gov't issues as
they relate to adult
websites:
a) Bindandgag.com Content
contains no images
depicting child porn
(graphics or stories).
b) Bindandgag.com Content
contains no
obscenity.
c) Bindandgag.com Content is
in full compliance with 18 USC 2257, knowledge or
possession of model
releases.
d) Bindandgag.com Content
contains no harmful
matter to children (banners,
or easy access to porn).
e) Bindandgag.com Content
contains no
portraying adult models as
children to appear under 18.
Some
images in Bindandgag.com
Content members area have
sexually explicit content. All
of the models are over the age
of 18 years old as required by
Section 2257 of title 18, U.S.C.
,
In
compliance with the Federal
Labeling and Record-Keeping Law
(also known as 18 U.S.C. 2257),
all models located within our
domain were 18 years of age or
older during the time of
photography. All model's proof
of age is held by the custodian
of records, which is listed
below. All content and images
are in full compliance with the
requirements of 18 U.S.C. 2257
and associated regulations.
Custodian of Records:
8555 Regent St, Jonesboro GA 30238
By Email :
service@Bindandgag.com
Attention: 2257 Information
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Privacy Statement for Score
Power Media, LLC, Bindandgag.com
Bindandgag.com
(the "Site") is committed to
providing a secure experience
and safeguarding your personal
information. This Privacy
Statement was created to explain
why we collect particular
information and how we will
protect your personal privacy
within our Web site. We reserve
the right to change this policy
at any time, and will post any
new privacy policy here. By
using or navigating around the
Site or utilizing any of the
services we provide here, you
acknowledge that you have read
and understand and agree to be
bound by this Privacy Statement.
If you do not agree to be so
bound, do not remain on the
Site.
Contact Information.
Some areas of our Site request
or require you to provide your
contact information (such as
your name and email address).
Your contact information may be
used to communicate with you
when necessary with respect to
transactions conducted through
the Site and material changes in
the Site’s policies. We may also
send you information about our
company and/or promotional
materials from the Site and some
of our partners. We will not
sell, share or rent any contact
information collected from you
except as disclosed in this
Privacy Statement. All contact
information provided to the Site
is maintained on our secure
servers.
Financial Information. We
collect financial information
(such as your credit card
information) on an as-needed
basis to bill you for products
and services you purchase
through the Site and to fulfill
your orders. If we have trouble
processing an order, the contact
information discussed above will
be used to get in touch with
you. We will not sell, share or
rent any financial information
collected from you except as
necessary to fulfill your order.
All financial information
provided to the Site is
maintained on our secure
servers.
Demographic Information.
We collect anonymous demographic
information (such as your zip
code, gender and age), and may
use this data to tailor your
experience at our Site, provide
content that we think you might
be interested in, and display
the content according to your
preferences. Such demographic
information may be shared with
partners, market researchers and
other third parties on an
aggregate, non-personally
identifiable basis. No
personally identifiable
information will be linked to
aggregated demographic
information.
Internet Protocol Address.
We collect an IP address from
all visitors to our Site. We use
your IP address for purposes of
traffic analysis.
Third Party Service Providers.
We sometimes use third party
vendors and service providers to
manage certain aspects of the
services we provide, such as
maintaining our servers and
processing or fulfilling orders
for products and services you
purchase through the Site. In
those instances, your contact
and financial information may
either be collected by or shared
by us with such third party
service providers as necessary
to fulfill your requests and, in
some cases, your information may
be retained by such third party
service providers for their
records. We generally require
that such third party service
providers agree to safeguard
your information with at least
the same level of protection as
afforded by our Privacy Policy.
Other.
We may disclose your personal
information in special cases if
required to do so by law, court
order or other government or law
enforcement authority; or when
we believe in good faith that
disclosing this information is
otherwise necessary or
advisable, including, for
instance, to identify, contact
or bring legal action against
someone who may be causing
injury to or interfering with
the rights or property of Score
Power Media, LLC, another user or
anyone else that could be harmed
by such activities.
Email Newsletters.
You will have the opportunity to
sign up (opt-in) to receive
email newsletters and other
promotional mailings from us and
our partners during registration
and at other times when we
request your contact
information. You may unsubscribe
("opt-out") from receiving
future mailings at any time. To
view methods for opting-out,
please refer to the delist/deactivate
section below.
Cookies.
The Site uses "cookie"
technology to enhance your
online experience by making it
easier for you to navigate
through our Site or to make a
feature work better. Cookies are
pieces of information that some
Web sites transfer to the
computer that is browsing that
Web site and are used for
record-keeping purposes at many
Web sites. We do not extract
information about individual
users or their computers during
this process. It is not
necessary to accept a cookie to
navigate the Site, but you must
accept a cookie in order to
access the members area and
place an order to any current or
future shopping cart.
Consumer Research.
We may monitor your use of this
service (such as your session
time and clickstream data), and
use or disclose any such
information gathered as part of
our evaluation and operation of
the Site and the services we
make available. We may develop
and use, in our sole discretion,
consumer research which may be
based on your use of such
services. All marketing
information shall be subject, in
all cases, to compliance with
the applicable rules and
regulations of the Federal
Communications Commission, and
other relevant laws and
regulations, as the same may be
amended from time to time. No
personally identifiable
information will be shared or is
linked to consumer research.
Security.
We are committed to maintaining
the security of your personally
identifiable information and
have measures in place to
protect against the loss, misuse
and alteration of the
information under our control.
All credit transactions occur in
a secure area of the Site using
Secure Sockets Layer ("SSL")
software to process orders. SSL
encrypts the information you
input on the Site. In addition,
all user information is stored
in a secure location behind a
firewall with limited
administrative access.
Public Forums.
This Site makes available
chat rooms, forums, message
boards, and/or news groups to
our users. Please remember that
any information that is
disclosed in these areas becomes
public information. You should
exercise caution when deciding
to disclose your personal
information.
Third Party Links.
The Site contains links to other
World Wide Web Internet sites,
resources and sponsors of Score
Power Media, LLC. Selection of an ad
banner or link will redirect you
off of the Site to a third party
Web site. Score Power Media, LLC is
not responsible for the privacy
practices of such sites. You
should make sure that you read
and understand the privacy
policies of these sites and
direct any concerns regarding
any external link to the site
administrator or Webmaster of
that third party Web site.
Correcting/Updating Personal
Information.
If your personally identifiable
information changes or is
otherwise incorrect, you may
correct, update or remove such
personal data by emailing
matrix_et@comcast.net
Delete/Deactivate:
This Site gives users the
following options for removing
their information from our
database, to not receive future
communications or to no longer
receive our service:
Send an email to matrix_et@comcast.net
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Score
Power Media, LLC TERMS OF SERVICE
IMPORTANT! PLEASE READ CAREFULLY.
These Terms of Service are a legal
agreement between you and a Score Power
Media, LLC.com,. (alternatively
referred to as "Score Power Media,
LLC,"
"We," or "Us") and spell out the terms
and conditions to which users of the
Bindandgag.com Web site (the "Site")
are expected to adhere. Please read it
carefully before using the Site, because
by clicking "I Agree" or by using the
Site, you agree to be bound by its terms
as well as the terms of our Privacy
Statement which is hereby incorporated
by reference into these Terms of
Service. If you do not agree with or do
not wish to be bound by all of the terms
and conditions of this Agreement, do not
use this Web site. We reserve the right
to amend these Terms of Service at any
time and will post the amended Terms of
Service here.
1. Score Power Media, LLC CONTENT AND USER
SUBMISSIONS
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The contents of the Score Power
Media, LLC Internet service ("the
Service") are intended for the
personal, noncommercial use of its
users. All materials published on
the Site (including, but not limited
to news articles, photographs,
images, illustrations, audio clips
and video clips (collectively, the
"Content") are protected by
copyright, trademark and all other
applicable intellectual property
laws, and are owned or controlled by
Score Power Media, LLC. or the party
credited as the provider of such
Content, software or other
materials. You shall abide by
copyright or other notices,
information and restrictions
appearing in conjunction with any
Content accessed through the
Service.
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The Service is protected by
copyright as a collective work
and/or compilation, pursuant to U.S.
copyright laws, international
conventions and other copyright
laws. Except as set forth in Section
1 of these Terms of Service, you may
not modify, adapt, translate,
exhibit, publish, transmit,
participate in the transfer or sale
of, create derivative works from,
distribute, perform, display,
reverse engineer, decompile or
dissemble, or in any way exploit,
any of the Content, software,
materials or Service in whole or in
part.
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You may download or copy the Content
and other downloadable items
displayed on this Service for
personal, noncommercial use only,
provided that you maintain all
copyright and other notices
contained in such Content. Copying
or storing of any Content for other
than personal, noncommercial use is
expressly prohibited without the
prior written permission from the
Rights and Permissions Department,
or the copyright holder identified
in the individual Content’s
proprietary rights notices.
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You agree that any information,
feedback, questions, comments and/or
submissions to any of the Public
Forums (as discussed below) or the
like that you provide to us in
connection with this Site or our
Services ("Submissions") will be
deemed to be provided to us on a
non-confidential and non-proprietary
basis and will become and remain our
property. We shall have no
obligations of any kind with respect
to any Submissions and shall be free
to reproduce, use, disclose and/or
distribute any Submissions for any
purpose whatsoever, without
limitation. You also agree that we
shall be free to use any ideas,
concepts or techniques embodied in
the Submissions for any purpose
whatsoever, including, but not
limited to, developing,
manufacturing, and marketing
products or services incorporating
such ideas, concepts, or techniques.
In addition, you hereby waive all
moral rights you may have in any
materials uploaded by you.
-
If you believe that the content of
any Submission provided by you has
been used on the Site in a manner
that constitutes copyright
infringement, please provide our
Copyright Agent with a written
notice (email is sufficient) that
includes the following information:
an electronic or physical
signature of a person authorized
to act on behalf of the owner of
the exclusive right that is
allegedly infringed;
identification of the
copyrighted work claimed to have
been infringed; a description of
where the material that you
claim is infringing is located
on the Site; your address,
telephone number, and e-mail
address; a statement by you that
you have a good faith belief
that the disputed use is not
authorized by the copyright
owner, its agent, or the law;
and a statement by you, under
penalty of perjury, that the
information in your notice is
accurate and that you are the
copyright owner or authorized to
act on the copyright owner’s
behalf.
Our Copyright Agent for notice of claims
of copyright infringement on this Site
is:
By email:
matrix_et@comcast.net
2. FORUMS AND DISCUSSIONS
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This Site makes available
chat rooms, forums, message boards,
and/or news groups to its users
("Public Forum(s)"). You shall not
upload to, or distribute or
otherwise publish through the
Service any content which is
libelous, defamatory, obscene,
pornographic, profane, sexually
explicit, abusive or which otherwise
violates any law, rule or
regulation. Please use your best
judgment and be respectful of other
individuals using the Public Forums.
You agree not to use vulgar, abusive
or hateful language. Public Forums
within the Site and the Services
available therein are provided to
give our users an interesting and
stimulating forum in which they may
express opinions and share ideas.
Score Power Media, LLC does not endorse
the opinions placed on these Public
Forums. You acknowledge that any
Submissions (e.g. Letter to the
Editor, Review or Commentary) may be
reproduced, published, transmitted
and displayed by Score Power Media,
LLC
in any manner, pursuant to Section
1.4, above.
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The Public Forums shall be used only
in a noncommercial manner. You shall
not, without the express approval of
Score Power Media, LLC, use the Public
Forums to distribute or otherwise
publish any material containing any
solicitation of funds, advertising
or solicitation for goods or
services, or to promote Web sites or
online services that are competitive
with Score Power Media, LLC and the
Service. You agree that you will not
submit any ideas for stories,
features, designs, scripts,
merchandise or publication of any
type.
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While we do not and cannot review
every message posted by users in the
Public Forums and are not
responsible for the content of any
of these messages, Score Power
Media, LLC reserves the right to
delete, move or edit messages that
we, in our sole discretion, deem are
in violation of the law (including
trademark and copyright law), or
these Terms of Service, or are
abusive, defamatory, obscene or
otherwise unacceptable. You shall
remain solely responsible for the
content of your messages.
3. ACCESS AND AVAILABILITY OF SERVICES
AND LINKS
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The Site contains links to other
related World Wide Web Internet
sites, resources and sponsors of
Score Power Media, LLC. Selection of an
ad banner or link will redirect you
off of the Site to a third party Web
site. Interactions that occur
between you and the third party are
strictly between the you and such
third party and are not the
responsibility of Score Power Media,
LLC. We are not responsible
for examining or evaluating, and do
not warrant the offerings of, any of
these businesses or individuals or
the content of their Web sites.
Score Power Media, LLC does not assume
any liability or responsibility for
the actions, product, availability
or content of these outside
resources. You should direct any
concerns regarding any external link
to the site administrator or
Webmaster of the third party Web
site.
4. REPRESENTATIONS AND WARRANTIES
-
You represent, warrant and covenant
(a) that no materials of any kind
submitted by you or Score Power
Media, LLC’ use thereof in
accordance with the terms and
conditions of these Terms of
Service, will (i) violate,
plagiarize or infringe upon the
rights of any third party,
including, without limitation,
copyright, trademark, privacy or
publicity, moral rights, contract or
other personal or proprietary
rights; (ii) contain unlawful
material; (iii) constitute false or
misleading indications of origin or
statements of fact; (iv) slander,
libel or defame any person or
entity; or (v) cause injury of any
kind to any person or entity; or
(vi) violate any applicable laws,
rules, regulations or other
governmental regulations; and (b)
that you are at least 18 years old.
You hereby indemnify, defend and
hold Score Power Media, LLC and its
officers, directors, owners, agents,
information providers, affiliates,
licensors and licensees
(collectively, the "Indemnified
Parties") harmless from and against
any and all liability and costs
incurred by the Indemnified Parties
in connection with any claim arising
out of any breach by you of these
Terms of Service or the foregoing
representations, warranties and
covenants, including, without
limitation, reasonable attorneys’
fees. You shall cooperate as fully
as reasonably required in the
defense of any claim. Score Power
Media, LLC reserves the right, at
its own expense, to assume the
exclusive defense and control of any
matter otherwise subject to
indemnification by you. You shall
not enter into any settlement
agreement which affects the rights
of Score Power Media, LLC without
Score Power Media's prior written approval.
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Score Power
Media, LLC neither represents nor
endorses the accuracy or reliability
of any advice, opinion, statement or
other information displayed,
uploaded, or distributed through the
Service by any user, information
provider or any other person or
entity. THE SITE, THE SERVICE, THE
ACCESS SOFTWARE (DEFINED HEREIN) AND
ANY MATERIALS PROVIDED BY Score
Power Media, LLC OR THIRD PARTIES THROUGH
THE SITE AND THE SERVICE ARE
PROVIDED "AS IS." Score
Power Media, LLC
MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO THE MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE OR
PURPOSE, TITLE, NON-INFRINGEMENT OR
ANY OTHER WARRANTY, CONDITION,
GUARANTY, OR REPRESENTATION, WHETHER
ORAL, IN WRITING OR IN ELECTRONIC
FORM, INCLUDING BUT NOT LIMITED TO
THE ACCURACY, TIMELINESS OR
USEFULNESS OF ANY MATERIALS PROVIDED
THROUGH THE SERVICE. Score Power
Media, LLC DOES NOT GUARANTEE THAT
YOUR ACCESS TO OR USE OF THE SITE OR
THE SERVICES AVAILABLE THEREIN WILL
BE CONTINUOUS, UNINTERRUPTED OR
SECURE.
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You hereby acknowledge that the use
of the Site and the Services
available therein is at your sole
risk.
5. Limitation of Liability
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Score
Power Media, LLC SHALL NOT BE RESPONSIBLE
TO YOU OR ANY THIRD PARTIES FOR ANY
DIRECT OR INDIRECT, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGE OR LOSS INCURRED IN
CONNECTION WITH USE OF THE SERVICE,
THE ACCESS SOFTWARE OR ANY OF THE
MATERIALS PROVIDED BY Score Power
Media, LLC OR THIRD PARTIES THROUGH
THE SERVICE, OR ANY DAMAGE OR LOSS
INTERRUPTIONS, DELETIONS OF FILES,
ERRORS, DEFECTS, DELAYS IN
PERFORMANCE OF THE SERVICE OR THE
ACCESS SOFTWARE, REGARDLESS OF THE
CLAIM AS TO THE NATURE OF THE CAUSE
OF ACTION, EVEN IF Score Power
Media, LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR LOSS.
Some jurisdictions may not allow the
exclusion or limitation of
incidental or consequential damages,
so the above exclusions shall only
apply to the extent permissible
under applicable law.
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To the fullest extent permissible
under applicable law, Score Power
Media, LLC’ aggregate liability,
and the aggregate liability of our
licensors, to you or any third
parties in any circumstance is
limited to One Hundred U.S. Dollars
($100).
6. SOFTWARE LICENSES
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You acknowledge and agree that you
shall have no rights to the
proprietary software and/or any
related documentation, enhancements
or modifications thereto, provided
to you to access the Service
("Access Software"). You may not
sublicense, assign or transfer any
licenses granted to you by Score
Power Media, LLC, and any attempt at such
sublicense, assignment or transfer
is void. You may make one (1) copy
of such software for archival
purposes only. You may not copy,
distribute, modify, reverse,
engineer or create derivative works
from the Access Software.
7. System Integrity
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You may not use any device, software
or routine to interfere or attempt
to interfere with the proper working
of the Site or any transaction
conducted on the Site. You may not
take any action which imposes an
unreasonable or disproportionately
large load on our infrastructure.
You may not disclose or share your
password with any third parties or
use your password for any
unauthorized service.
8. TERMINATION
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Score
Power Media, LLC may, in its sole
discretion, terminate or suspend
your access or refuse service at any
time, without notice, to all or part
of the Service for any or no reason,
including, without limitation,
breach of these Terms of Service or
the repeated infringement of
copyrights owned by third parties.
-
Score Power Media, LLC, including, without
limitation, its authorized agents
and employees may terminate your use
of the Site without notice in the
event that you breach any obligation
in these Terms of Service, including
but not limited to, (i) restricting,
inhibiting or disrupting any Score
Power Media, LLC event or (ii) attempting
to alter or improperly access any
feature or function of the Site.
Your access may also be subject to
termination if you post or transmit
any illegal content; harass or
threaten any user of the Site or
Score Power Media, LLC employee; post
content (including, but not limited
to, the creation of usernames) that
is offensive or otherwise disruptive
of Site activities; post unsolicited
advertising; or improperly
impersonate a Score Power Media, LLC
employee or other individual.
9. Risk of Loss
-
All items purchased from the Site
are made pursuant to a shipment
contract. This means that the risk
of loss and title for such items
passes to you upon our delivery to
the carrier.
10. Product Descriptions
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Score
Power Media, LLC and its affiliates
attempt to describe all of the
products on the Site as accurately
as possible. However, Score Power
Media, LLC does not warrant that
product descriptions or other
Content of this Site is accurate,
complete, reliable, current or
error-free. If a product offered on
our Site itself is not as described,
your sole remedy is to return it in
unused condition.
11. MISCELLANEOUS
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This Agreement has been made in and
shall be construed and enforced in
accordance with Virginia law
without regard to any conflict of
law provisions. Score Power Media,
LLC
makes no representation that the
Content in this Site is appropriate
for access outside of the United
States. Those who choose to access
this Site from outside the United
States do so on their own initiative
and are responsible for compliance
with local laws. You agree that any
action to enforce this agreement
shall be brought in the federal or
state courts located in Richmond,
VA.
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These Terms of
Service, the Privacy Statement and
any other terms referenced in this
Agreement constitute the entire
agreement between you and Score
Power Media, LLC with respect to your
access and use of the Site and
Services and supersede all prior or
contemporaneous agreements (whether
oral, written or electronic) between
you and Score Power Media, LLC with
respect to this Site or Services. If
any of the provisions of this
Agreement are determined to be
invalid or unenforceable, then each
invalid or enforceable provision
will be construed in a manner
consistent with applicable laws to
reflect, as nearly as possible, the
original intentions of the parties,
and the remaining provisions shall
remain in full force and effect.
Score Power Media, LLC may assign these
Terms of Service (i) to any of its
affiliates, (ii) to the surviving
entity in the event of a merger,
acquisition, or the sale of all or
substantially all of the assets of
Score Power Media, LLC or (iii) in
connection with the sale of this
Site or the business unit associated
with this Site.
All persons who appear in any visual
depiction contained within any Score
Power Media, LLC built and maintained site
are eighteen years of age or older at
the time of creation of such depictions.
All such images of a sexual nature are
documented as required by US Federal Law
under the Child Protections Act: Section
18 United States Code (U.S.C.) 2257 and
the regulations of Section 75 C.F.R.
Section 75 by the manufacturer
concerned, except with regard to visual
depictions of sexually explicit conduct
made before July 3rd 1995, which are
exempt from the regulations set forth in
18 U.S.C. subsection 2257 and 28 C.F.R.
75. The Certification Records and other
documentation to pertaining can be
located at the offices of the
manufacturer, owner or licensor as
listed (in no particular order) below:
Score Power Media, LLC
United States
By email: matrix_et@comcast.net
This information is ONLY available to
the proper governmental or law
enforcement agencies (or challenging
individuals who are able to supply
documentation as required under the
Digital Millennium Copyright Act). |