Terms-of-Service Agreement
Last Updated: March 21, 2022
Notice: This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
Notice: This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
This terms-of-service agreement is entered into between you and Appetence LLC, a Wyoming limited liability company (“Appetence”). The following agreement, together with any documents it references (collectively, “agreement”), governs your access to and use of the Website, whether as a guest or a registered user.
Definitions
“Bookmarking” means the act of placing a web page (URL) into a temporary file on the User’s browser so that the User may return to the page at a future date directly, without passing through any preceding pages.
“Chargebacks” means a request you file directly with your credit card company or bank to invalidate Fees.
“Fees” means amounts paid or payable to Appetence in exchange for Membership or Pay-Per-Clip Content under this agreement using a Payment Method. Fees are posted on the Website and are part of this agreement.
“Login” means the combination of the unique username and password sold or provided by Appetence to the User and used to access the Website.
“Membership” means the access granted to a User to the Website using a Login for a limited period to use the Services.
“Pay-Per-Clip Content” means the access granted to a User to one or more individual clips after paying a specified amount on a pay-per-clip basis.
“Payment Method” means the payment method you use to buy your Membership or Pay-Per-Clip Content, including credit card.
“Services” means the limited, non-transferrable license to stream or download images and video or other content from the Website and to navigate different areas of the Website.
“User” means an individual who is at least 18-years old or the age of majority in the jurisdiction where they live who has a Membership or rightfully accesses the Website or buys Pay-Per-Clip Content.
“Website” means the website to which you are buying a Membership, accessing the Services, or buying Pay-Per-Clip Content, including www.collectivecorruption.com.
Acceptance of Agreement
By using the Website or by clicking to accept or agree to the agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Website.
This Website is offered and available to persons who are 18-years old or older, who have reached the age of majority where they live, and who are not prohibited by law from accessing or viewing sexually explicit content. By using this Website, you state that you are of legal age to form a binding contract with Appetence and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.
Bookmarking to a page on the Website by which the warning page or this agreement is bypassed will constitute implied acceptance of this agreement and an explicit confirmation that the User is of or over the age of majority in their jurisdiction and the Materials are not illegal in the Territory.
Changes to Agreement. Appetence may revise and update this agreement from time to time. All changes are effective immediately when posted and apply to all access to and use of the Website from then on. However, any changes to the dispute resolution provisions set out in section 23 (Governing Law and Jurisdiction) and section 24 (Dispute Resolution and Binding Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website after the posting of the revised agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Adult-Oriented Content
Agreement to View Adult Material. The Website is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented, and frankly erotic, nature. The material available on the Website include graphic visual depictions and descriptions of nudity and sexual activity and the Website prohibited to be accessed by anyone under the legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Website and must leave now. By accessing the Website or by buying a Membership or Pay-Per-Clip Content from the Website, you state that the following facts are accurate:
You (1) are at least 18-years old, (2) have reached the age of majority where you live, and (3) have the legal capacity to enter into this agreement.
All information you provided on the Website is accurate, and you will promptly update this information when necessary to make sure that it remains accurate.
You are aware of the adult nature of the content available on the Website, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexually oriented nature, which include graphic visual depictions and descriptions of nudity and sexual activity.
You are familiar with your community’s laws affecting your right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities.
You have the legal right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities, and we have the legal right to transmit them to you.
You are voluntarily requesting adult-oriented materials for your private enjoyment.
You are not accessing the Website from a place, country, or location in which doing so would, or could be considered a violation of local law.
You will not share these materials with a minor or otherwise make them available to a minor.
Section 230(d) Notice. Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms. If minors have access to your computer, please restrain their access to sexually explicit material by using these products, which Appetence provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
Child Sexual Abuse Material (CSAM) Prohibited. We prohibit content involving minors on the Website. We only allow visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity on the Website or that is otherwise exploitative of children, please promptly report this to us at reportabuse@collectivecorruption.com. Please include with your report all appropriate evidence, including the date and time of identification. We will promptly investigate all reports and take proper action. We fully cooperate with any law enforcement agency investigating alleged child exploitation or child sexual abuse material.
Territory
Territory. Each Membership or Pay-Per-Clip Content is for use within a limited territory that excludes all jurisdictions where the content is illegal (“Territory”). Access to the Website might not be legal by certain persons or in certain countries. Appetence is not making any statement that the Website or its content is accessible or appropriate in your jurisdiction. If you access the Website, you do so on your own initiative and are responsible for complying with all local laws.
Location Breach. If we detect a Membership or Pay-Per-Clip Content is bought or used outside the Territory, we may disable that Membership or Pay-Per-Clip Content so the Login will not work and terminate this agreement for breach without any refund of Fees already paid.
Accessing the Website. The Website allows you to buy access to digital content, including videos for streaming or download or both. To view the digital content, you will need a personal computer, tablet, phone, or other device that meets the Website’s system and compatibility requirements and a high-speed internet connection. We may withdraw or amend this Website, and any service or material we provide on the Website, without notice. We will not be liable if, for any reason, any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users. You are responsible for making all arrangements necessary for you to have access to the Website.
Your Account
Account Creation. You must complete the registration process by providing us with accurate information as prompted by the registration form. You must provide a valid email address, a username, and a password. Do not choose a username that is offensive or that infringes anyone’s service mark, trademark, or trade name. We may delete or require you to change any username that violates this section 7.1. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Website’s technical requirements for the composition of passwords. By creating an account, you state that (a) all account registration information you provide is your own and is accurate; (b) if you previously had an account on the Website, we did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your own personal use, and you will not sell, rent, or transfer your account to anyone.
Responsibility for Login. You are responsible for keeping your Login confidential. Further, you are responsible for all activities that occur under your Login. You will promptly notify us of any unauthorized use of your Login or any other security breach. You must not sell, rent, lease, share, or provide access to your Login to anyone. We may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time for any reason or no reason, including if, in our opinion, you have violated any part of this agreement.
Liability for Login Misuse. We will not be liable for any loss that you might incur as a result of another person using your Login, either with or without your knowledge. You could be held liable for losses incurred by us or another person due to someone else using your Login.
Use of Other Logins. You must not use anyone else’s Login at any time.
Account Security. We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized persons will never be able to defeat the Website’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
Communication Preferences. By registering for an account, you consent to receive electronic communications from us about your account. Communications might involve sending emails to your email address given during registration or posting communications on the Website. Communications will include notices about your account (e.g., payment authorizations, change in Login or Payment Method, confirmation emails, and other transactional information) and are part of your relationship with us. You acknowledge that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that these communications be in writing. We recommend that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive other communications from us, including newsletters about new features and content, special offers, promotional announcements, and customer surveys by email or other methods. You acknowledge that communications you receive from us might contain sexually explicit material unsuitable for minors. If you no longer want to receive non-transactional communications, please review the Privacy Policy regarding opting out of marketing communications.
Memberships
Fees and Membership Information. Users are liable for Fees for Membership together with all applicable taxes. You must have Internet access and provide us with a valid Payment Method. We will bill the Fees to your chosen Payment Method. We may adjust Fees for Memberships at any time. We do not provide price protection or refunds in the event of a price reduction or promotional offering.
Membership Types. The Website may offer various types of Memberships of different terms (ex: monthly, three-month, six-month) (each, a “Membership Term”). Each Membership Term offered will have its own Fee indicated during the join process and will rebill at the Fee and at the frequency indicated in the receipt sent to the User’s email address. Fees are subject to change due to laws and taxes; if you do not cancel within 30 days, you are considered to have accepted the Fee change.
Auto-Renewal. Your Membership will continue for the Membership Term and automatically renew for additional prepaid periods of the same length at the rates in effect at the time you originally signed up until cancelled. Users must cancel their Membership before it renews each term to avoid billing of the next term’s Fees to their Payment Method. Until cancelled, the User authorizes Appetence to continue charging the User’s Payment Method to pay: (i) Fees for Membership; (ii) all purchases of other products, services, and entertainment provided by the Website; and (iii) other liabilities of User to Appetence.
Delayed Transactions. If a User’s Payment Method was declined, we may try to process the Payment Method again under the same conditions as initiated by the User, within seven days of the User’s first attempt to buy that Membership. Where the Payment Method is approved in that circumstance, the User will receive an email confirming the successful completion of their transaction along with their Login details. The User’s next rebill will be attempted on their initial rebill date. We may change the Fee of the rebill or of the initial transaction to a lesser amount with the obligation to continue the User’s Membership at the original rebill Fee, which will take effect as of the next rebill unless the User cancels before that rebill, or at the initial Payment Method Fee to successfully complete the User’s purchase of their Membership. If an unsuccessful recurring payment, we may charge an administrative fee of up to US$2 to maintain an active Membership until the full Membership Fee can be processed successfully. At any time, if you have any questions about the rebill Fee or date of your Membership, please contact billing@collectivecorruption.com.
Cancellation Policy. Memberships may be cancelled at any time by contacting our payment processor at {PAYMENT PROCESSOR CANCELLATION URL} or by emailing us at billing@collectivecorruption.com. If a Membership is cancelled before the renewal date, the User will continue to have access to the Website for the remainder of the Membership Term.
Individual Clip Purchases (Pay-Per-Clip Content)
Purchases. The Website offers Users the ability to buy Pay-Per-Clip Content. Each clip will have its Fee clearly indicated. It is your responsibility to check the price before buying Pay-Per-Clip Content. Pricing excludes any taxes or currency transmission charges, which are extra costs charged to you. Users will have a lifetime access to all Pay-Per-Clip Content purchased.
Payment. We accept payment through the Payment Methods identified on the Website before checkout. All Pay-Per-Clip Content purchases are one-time charges, meaning we will not charge you again unless you buy another clip. Unless the Website states otherwise, you must have a valid Payment Method to make a purchase. You must abide by any relevant terms or other legal agreement, whether with Appetence or any other person that is not a party, which governs your use of a given Payment Method. You must pay in advance for Pay-Per-Clip Content. We will charge your Payment Method for the price listed for the applicable Pay-Per-Clip Content, along with any added amounts for taxes, bank fees, and currency fluctuations.
Price Changes. We may adjust pricing for Pay-Per-Clip Content at any time. We do not provide price protection or refunds in the event of a price reduction or promotional offering.
Taxes, Billing Disputes, Refunds, and Chargebacks
Taxes. You are responsible for all applicable federal, national, state/provincial, or local sales or use taxes, value-added taxes (VAT), or similar taxes or fees payable with your purchase. If you do not pay those taxes or fees on a transaction, you will be responsible for those taxes or fees if they are later found to be payable on that sale, and we may collect those taxes or other fees from you at any time. If we must collect or pay any taxes with your purchase, we will charge you those taxes at the time of each payment transaction.
Billing Disputes. If you believe that we have charged your Payment Method in error, you must notify us in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you do not notify us in writing of a dispute within this period, you waive any disputed charges. You must submit any billing disputes in writing through billing@collectivecorruption.com and include a detailed statement describing the nature and amount of the disputed charges. We will correct any mistakes in a bill and add or credit them against your future payments.
Refunds. Except as provided by law, Fees are non-refundable once the Login details have been used on the Website or you have downloaded the Pay-Per-Clip Content. Non-use of a Membership or inability of User to access the Website or Pay-Per-Clip Content through no fault of Appetence are not grounds for a refund of Fees. We will not issue refunds or credits for partially used Membership Terms. If you believe exceptional circumstances exist for a refund, please email us at billing@collectivecorruption.com. If we issue a refund in our sole discretion, we will issue that refund in the form of a credit to the Payment Method used to make the original purchase. We will not issue refunds in the form of cash, check, or free services. All refunds will be issued within ten days of communication between the User and Appetence. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require us to issue refunds in the future under any circumstance. This section 10.3 does not affect any statutory right to receive a refund from Appetence that a User might have under law.
Chargebacks. We carefully investigate all Chargebacks. You must not make unjustified Chargeback requests of your payment card provider. The User will remain responsible for the consequences caused by such a breach of contract. We will review excessive and potentially fraudulent Chargebacks and we may prevent the User from making additional purchases during that review. If we determine that any Chargeback request is fraudulent or was made by the User in bad faith, we may suspend and terminate your Membership or access to Pay-Per-Clip Content or any future Membership or Pay-Per-Clip Content you purchase.
Intellectual Property Rights
Ownership. Appetence owns and operates the Website and the Services. All content, features, functionality, and other materials found on the Website, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials”) are owned by Appetence, its licensors, or other providers of those Materials. Copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Website.
License Grant. We hereby grant you a single, limited, personal, non-transferable, nonsublicensable, nonexclusive license (i.e., a personal and limited right) to access and use the Website for the sole purpose of accessing the Materials in the manner provided for your personal, noncommercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Website, except as follows:
Your computer may temporarily store copies of those Materials in RAM incidental to your accessing and viewing those Materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
You may download or stream any Materials (including Pay-Per-Clip Content) to which you have properly gained access solely for your personal, noncommercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by Appetence’s end user license agreement for those applications.
If we provides social media features with certain content, you may take those actions as are enabled by those features.
License Restrictions
You must not:
Download any Materials unless the Website itself gives you that option.
Modify copies of any Materials from the Website.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or Materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the Materials you have made. As between you and Appetence, Appetence retains all interest in all intellectual property rights in the Website and its Materials. No interest in or to the Website or any Materials on the Website is transferred to you other than your limited rights under this agreement, and Appetence reserves all rights not expressly granted. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and might violate copyright, trademark, and other laws. We may terminate the license granted under section 11.2 at any time if the User breaches this agreement.
Trademarks. Appetence’s name and logo; the term COLLECTIVE CORRUPTION; the Website’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Website’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of Appetence, its affiliates, or licensors. You must not use those marks in whole or in part in connection with any product or service that is not Appetence’s, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits Appetence, without first obtaining Appetence’s prior written permission. Any use of these marks must be under any guidelines that we may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Website are the marks of their respective owners. Reference on the Website to any products, services, processes, or other information—by trade name, trademark, manufacturer, supplier, or otherwise—does not constitute or imply our endorsement, sponsorship, recommendation, or any other affiliation.
Prohibited Uses
You must use the Website only for lawful purposes and under this agreement. You must not use the Website:
In any way that violates any federal, state, local, or foreign law or regulation (including any laws about exporting data or software to and from the US or other countries).
To exploit, harm, or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
If the Website enables Users to post user generated content, the User will not submit, publish, or display any obscene, defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of material violating any federal, state, or local law is prohibited and is a breach of this agreement. We will not be liable for any user generated content posted by Users on the Website. We are not required to edit material posted by the User on the Website. The User hereby grants Appetence an unlimited, worldwide, royalty-free license to collect, store, and disclose all material posted by the User on the Website.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or try to impersonate Appetence, an Appetence employee, another User, or any other person or entity (including by using email addresses or usernames associated with any of the preceding).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as we determine, might harm Appetence or the Users or expose either to liability.
Additionally, you must not:
Use the Website in any way that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real-time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any Materials.
Use any manual process to monitor or copy any of the Materials or for any other unauthorized purpose without our prior written consent.
Use any third-party software or process to record, download, or rebroadcast any Materials.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise try to interfere with the Website’s proper working.
Termination
Termination by the User. Users may terminate their Membership at any time and without cause by contacting our payment processor at {PAYMENT PROCESSOR CANCELLATION URL}.
Termination by Appetence. Appetence may suspend, disable, or terminate your Membership or access to the Services or Website (or any part of it) for any reason, including if it determines that you have breached this agreement, you engaged in fraud, you violated law, or that your conduct would tend to damage Appetence’s reputation and goodwill.
Effect of Termination. On termination, your right to access the Website and all licenses granted by us terminates. We may block your email and IP address to prevent further access. Termination of your Membership or access to the Services or Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise might have to us or any other person that is not a party.
Survival. This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.
Changes to the Website. We may update the Materials on the Website from time to time, but the Website’s Materials are not necessarily complete or up to date. The Website’s Materials might be out of date at any given time, and we are not required to update those Materials. We may modify any Materials or the Website without your prior notice or consent.
Information About You and Your Visits to the Website. For information about how we collect, use, and share your personal information, please review the Privacy Policy.
Links from the Website. If the Website contains links to other sites and resources provided by nonparties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that might arise from your use of them. If you decide to access any of the third-party sites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those third-party sites.
Warranty Disclaimers
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output and for maintaining a means external to the Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, mobile device, computer programs, data, or other proprietary material because of your use of the Website or any services or items obtained through it or by your downloading of any Material posted on the Website or any website linked to it.
You use the Website, the Materials, and any Services or items obtained through the Website at your own risk. Appetence offers the Website, the Materials, and any Services or items obtained through it “as is” and “as available.” Appetence is not making any warranty, whether express, implied, statutory, or otherwise, including any warranty of merchantability, title, noninfringement, security, and fitness for a particular purpose. Appetence is not making any warranty (1) that the Website, the Materials, or any Services or items obtained through it will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any Services or items obtained through it will otherwise meet your needs or expectations. No advice or information, whether oral or written, obtained from Appetence, the Website, or elsewhere will create any warranty not expressly stated in this agreement.
Limitation of Liability; Release
Appetence, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:
Errors, mistakes, or inaccuracies of Materials;
Personal injury or property damage resulting from your access to and use of the Website, the Services, or the Materials;
Materials or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;
Unauthorized access to or use of Appetence’s servers and any personal or financial information stored in them, including unauthorized access or changes to your account, transmissions, or data;
Interruption or cessation of transmission to or from the Website;
Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;
Incompatibility between the Website and your other services, hardware, or software;
Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or
Loss or damage incurred because of the use of any Materials posted, emailed, sent, or otherwise made available through the Website.
You hereby release Appetence, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of the conduct of other Users or nonparties, including disputes between you and one or more other Users or nonparties.
Exclusion of Damages; Exclusive Remedy
Unless caused by it gross negligence or intentional misconduct, Appetence, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Website or the Materials. This exclusion applies regardless of the theory of liability and even if you told Appetence or it knew or should have known about the possibility of those damages.
Appetence, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the Materials. This exclusion applies regardless of the theory of liability and even if you told Appetence or it knew or should have known about the possibility of those damages.
If you are dissatisfied with the Website or the Services or have any other complaint, your exclusive remedy is to terminate your account (if you have one) and stop using the Website and the Services. Appetence’s maximum liability to you for any claim will not exceed the greater of US$200 and the amount you have paid to Appetence for the applicable purchase out of which liability arose, even if that remedy fails of its essential purpose.
Waiver of California Civil Code Section 1542—California Residents Only. For the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:
A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
You waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.
Scope of Disclaimers, Exclusions, and Limitations. The disclaimers, exclusions, and limitations stated in sections 17, 18, and 19 apply to the greatest extent allowed by law, but no more. Appetence does not exclude or limit in any way its liability to you where it would be unlawful to do so or otherwise intend to deprive you of any mandatory protections provided to you by law. This includes liability for death or personal injury caused by Appetence’s negligence or the negligence of Appetence’s employees, agents, or subcontractors and for fraud or fraudulent misrepresentation. Because some jurisdictions may prohibit the disclaimer of some warranties, excluding some damages, or other matters, one or more of the disclaimers, exclusions, or limitations will not apply to you.
Indemnification
In General. You will pay Appetence, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (collectively, “Indemnified Parties”) for any loss of an Indemnified Party that is caused by any of the following: (a) your access of or conduct on the Website; (b) your breach of this agreement; (c) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (d) your violation of any applicable law; (e) your tortious acts or omissions; or (f) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s intentional misconduct.
Definitions. “Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
Indemnified Party’s Duty to Notify You. The Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate with each other in good faith on a claim.
No Exclusivity. The Indemnified Parties’ rights under this section 22 do not affect other rights they might have.
Governing Law and Jurisdiction
Nevada law governs all adversarial proceedings arising out of this agreement or use of the Website, including the Services and Pay-Per-Clip Content. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.
Except for disputes subject to arbitration, as the exclusive means of bringing adversarial proceedings to resolve any dispute arising out of this agreement or the subject matter of this agreement, a party may bring such a proceeding in the United States District Court for the District of Nevada or in a state court in Clark County, Nevada. Each party acknowledges that those courts would be a convenient forum.
Dispute Resolution and Binding Arbitration
Arbitration
You and Appetence LLC are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and Appetence arising from or relating in any way to your use of the Website or the Services, will be resolved exclusively and finally by binding arbitration.
Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) will administer the arbitration under its rules available at www.arbresolutions.com, then in effect, except as modified by this section 24.1. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party legal fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide Appetence with written notice of your intention do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, neither you nor Appetence LLC will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this section 24.1 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses.
Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.
Limitation on Time to Bring Claims. A party must not bring a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.
General
Entire Agreement. This agreement constitutes the entire understanding between the parties regarding the subject matter of this agreement and supersedes all earlier or contemporaneous agreements between the parties concerning that subject matter. Any additional terms on the Website will govern the items to which they pertain.
Assignment and Delegation. Appetence may assign its rights or delegate any performance under this agreement without your consent. Except with our prior written consent, you shall not transfer (a) any discretion granted under this agreement, (b) any right to satisfy a condition under this agreement, (c) any remedy under this agreement, or (d) any obligation imposed under this agreement. Any purported transfer by you in violation of this section 25.2 will be void.
Waiver. No waiver of satisfaction of a condition or nonperformance of an obligation under this agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or nonperformance of any other obligation.
Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
Notices
Notice to Appetence. You may notify Appetence by email at support@collectivecorruption.com unless a specific email address is given for providing notice. Appetence may change its contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for notifying Appetence.
Notice to You—Electronic Notice. You consent to receive any notice from Appetence in electronic form either (1) by email to the last known email address Appetence has for you or (2) by posting the notice on a place on the Website chosen for this purpose. You state that any email address you gave Appetence for contacting you is a valid email address for receiving notice.
Force Majeure. Appetence is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.
No Third-Party Beneficiaries. Except for the Indemnified Parties, who are third-party beneficiaries of section 22 of this agreement having the right to enforce section 22, this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.
Electronic Signatures. Any affirmation, assent, or agreement you send through the Website will bind you. When you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Consumer Rights Information—California Residents Only. This section 25.10 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:
Appetence LLC
30 N. Gould St. Ste. N
Sheridan, Wyoming 82801
Users who wish to gain access to the members-only area of the Website must be a member in good standing. We post the current Fees for Membership on the join page. We may change the Fees at any time. Users may contact us at support@collectivecorruption.com to resolve any billing disputes or to receive further information about the Website.
Complaints—California Residents Only. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.
Feedback. We encourage you to provide feedback about the Website or the Services. But we will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
Complaint Policy
Applicability. Whether or not you are a User of the Website, you can use this policy to alert us to any complaint that you have relating to the Website.
How to Make a Complaint. If you have a complaint about the Website (including any complaint about Materials appearing on the Website or the conduct of a User), please send your complaint to support@collectivecorruption.com, including your name, address, contact details, a description of your complaint, and, if your complaint relates to Materials, the URL for the Materials to which your complaint relates. If you cannot contact us by email, please write us at the address identified in section 25.14.
Complaints of Illegal or Non-Consensual Content. After receiving your complaint of illegal or non-consensual content under section 25.13(b), (i) we will take those steps as we consider to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint; (ii) if we require further information or documents from you, we will let you know; (iii) we will in good faith investigate your complaint within seven business days; (iv) if we are satisfied that the content is unlawful or non-consensual, we will immediately remove that content, and we will notify you of our decision by email or other electronic message; and (v) if we are satisfied that the content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message. Any dispute regarding our determination that content is non-consensual will be submitted by us to a neutral arbitration association at our expense.
All Other Complaints. After receiving any other complaint (including complaints related to other breaches of this agreement) under section 25.13(b), (i) we will take those steps as we consider to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint; (ii) if we require further information or documents from you, we will let you know; and (iii) we will in good faith take those actions as we consider appropriate to deal with the issue that your complaint has raised. If you have complained about the content that appears on the Website and we are satisfied that the content otherwise breaches this agreement, we will act promptly to remove that content. We are not required to inform you of the outcome of your complaint.
Unjustified or Abusive Complaints. If you are a User, you state that you will not make any complaint under this section 25.13 that is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your Login.
Your Comments and Concerns. The Website is operated by Appetence LLC, 30 North Gould Street, Suite N, Sheridan, Wyoming 82801. You should direct all feedback, comments, requests for technical support, and other communications relating to the Website to us at support@collectivecorruption.com.