| TITLE 18, U.S.C. SECTION 2257 COMPLIANCE |
| Monday, 31 March 2008 | |
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CUSTODIAN OF RECORDS - TITLE 18, U.S.C. SECTION 2257 COMPLIANCE 1. 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 a Public Forum 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. ASM 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 ASM in any manner, pursuant to Section 1.4, above. 2. The Public Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of ASM, 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 ASM and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. 3. 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, ASM 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. ADDITIONAL TERMS FOR THE ASM STORE 1. In addition to the provisions contained in these Legal Notices, the following terms apply specifically to the ASM Store, located at http://store.Adultstarsmagazine.com: a. By placing an order, you certify that you are able to pay for the item(s) in your order. b. By placing an order on the ASM Store you agree to be bound by the conditions of sale included in the item's description (including, without limitation, payment method and acceptable ship-to address). The items on the ASM Store are mature audience items and are restricted to adult use. If you place an order for an item on the ASM Store, you are certifying that you are at least 18 years old or the applicable age of majority in the jurisdiction in which you reside and have the legal right to purchase such item. c. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the ASM Store and your purchase of items. d. You are responsible for the accuracy of any purchase placed. e. We may reject your order at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. If we cancel your order after we have charged you for your order, we will refund your credit card the amount charged as soon as practical. f. Due to some country, state and county laws, we may not be able to ship certain merchandise to your address. g. We reserve the right to add and/or remove items on the ASM Store, for any reason, at any time. h. We reserve the right to limit quantities of items sold. i. You may not transfer or sell your User ID or account to another party. j. Unless otherwise stated, all prices are quoted in U.S. Dollars. k. In addition to the shipping and handling charges we add at the time of checkout, you are solely responsible for any and all duties, taxes, tariffs and/or levies, which may be incurred in connection with the shipment of your ordered item(s), regardless of when such additional charges are assessed. l. We use our best efforts to ensure that the correct price is posted for each item in the ASM Store. If, however, an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. m. Products available from the ASM Store may be advertised on third party shopping websites. ASM is not responsible for any information on such shopping websites, or for any differences which may exist between information found on such third party sites and information on the ASM Store, including, but not limited to pricing information. In the event that a difference exists, information found on the ASM Store shall govern. n. All purchases from the ASM Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier. o. You may return certain items purchased within thirty (30) days of delivery of a shipment for a full refund. However, not all items may be returned. p. Where applicable, clothes must still have the original tags attached, and items such as CD's, DVD's, magazines, VHS tapes, cassette tapes and software must be unopened. q. Attempts to stop payment on non-returnable items will be vigorously opposed by ASM to the fullest extent of the law. In the event that any such action results in a judgment in our favor, we retain the right to recover, and you will be responsible for paying our reasonable attorneys' fees. r. ASM and its affiliates attempt to describe all of the products on the Store as accurately as possible. However, ASM 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 the ASM Store is not as described, your sole remedy is to return it in unused condition. 4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS 1. The Sites may contain links to other related World Wide Web Internet sites, resources and sponsors of ASM. Selection of an ad banner or link will redirect you off of a ASM Site to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of ASM. 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. ASM 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. 5. REPRESENTATIONS AND WARRANTIES 1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or ASM’SFF use thereof in accordance with the terms and conditions of this Agreement, 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 or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered on the ASM Store. 2. You hereby indemnify, defend and hold ASM 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. ASM 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 ASM without ASM'S prior written approval. 3. ASM neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites or the Service by any user, information provider or any other person or entity. THE SITES, THE SERVICE AND ANY MATERIALS PROVIDED BY ASM OR THIRD PARTIES THROUGH ANY OF THE SITES AND THE SERVICES ARE PROVIDED "AS IS." ASM 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 ANY OF THE SITES OR THE SERVICE. ASM DOES NOT GUARANTEE THAT YOU’RE ACCESS TO OR USE OF ANY OF THE SITES OR THE SERVICES AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. 4. You hereby acknowledge that the use of any Site and the Services available thereon is at your sole risk. 6. LIMITATION OF LIABILITY 1. NEITHER ASM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THE SERVICE SHALL 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, OR INABILITY TO USE, ANY OF THE SITES, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY ASM OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ASM 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. 2. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ASM'S 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). 7. SYSTEM INTEGRITY 1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such 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 1. ASM may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or 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. 2. ASM, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites 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 ASM event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any ASM employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a ASM employee or other individual. 9. MISCELLANEOUS 1. These Terms of Service have been made in and shall be construed and enforced in accordance with Illinois law without regard to any conflict of law provisions. ASM makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites 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 Ft Lauderdale, Florida. 2. Official correspondence must be sent via postal mail to: Adult Stars Magazine, Inc. Attention: General Counsel 2114 N Flamingo Rd. #152 Pembroke Pines, Fl 33028 3. These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and ASM with respect to your access and use of the Sites and Services and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and ASM with respect to the Sites 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. ASM 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 ASM or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites. ADULT STARS MAGAZINE, INC. PRIVACY POLICY Effective as of February 15, 2008, This Privacy Policy (the "Policy") applies to Adult Stars Magazine, Inc.'s and AdultStarsMagazine.com (collectively, "ASM") family of websites (the "Sites"). These include Adultstarsmagazines.com; Adultstarsmagazine.mob;, Adultstarsgallery.com; Adultstarsmanagement.com; Adultstarsmanagement.net; Asmtalent.com; Gasmgallery.com; Gasmmagazines.com and any other sites at which this Policy appears. It does not apply to other online or offline ASM sites, products or services. This Policy explains what information we collect about you and what we do with it. We reserve the right to modify this Policy at any time, and we will notify you of any material changes to the Policy by posting the new Policy here and changing the "Effective Date" at the top. We encourage you to check this page periodically for any changes. By using or navigating any of the Sites, you acknowledge that you have read, understand and agree to be bound by this Policy or any modified Policy as posted. If you do not agree to these terms, please do not use or visit any of our Sites. What information do we collect? We collect personal information that you provide to us such as your name, e-mail address, street address and telephone number. We also collect credit card information from you. We generally collect this personal information on our registration and order forms when you sign up to receive products or services from any of our Sites. We may also collect information from our online surveys such as age, gender and income level. We collect IP addresses and anonymous demographic information (such as your zip code) and may use this data to: tailor your experience at our Sites; provide content in which we think you may be interested; display content according to your preferences; and analyze traffic to our Sites. What do we do with the information we collect? We use personal information and other demographic or profile information you provide to us to fulfill your order or request; to provide you with information about ASM, some of our partners and third party companies in which we think you may be interested; and to contact you when necessary. We use IP addresses and anonymous demographic information to tailor your experiences at our Sites by showing content in which we think you will be interested and displaying content according to your preferences. Anonymous demographic information is shared with advertisers and market researchers on an aggregate basis. We use information collected to evaluate and improve our services. We may develop and use, in our sole discretion, consumer research which may be based on your use of our services. Personal information collected on the Sites is stored and processed in the United States and by using any of the Sites; you consent to any such transfer of information outside of your country. Do we share the information we collect with third parties? In some cases, we will share information we collect (including personal information or anonymous demographic information) with third party companies who may offer products or services in which we believe you may be interested. We also share this information with third parties with whom we partner to co-promote and administer sweepstakes and contests on our Sites. We may also share information we collect with third party 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 Sites. We may also disclose your information in special cases if required to do so by law, court order or other governmental 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 ASM, another user or anyone else that could be harmed by such activities. Is the information submitted in public forums confidential? No. The Sites may offer chat rooms, forums, message boards and/or news groups to our users. Please remember that any information disclosed in these areas becomes public information. Accordingly, you should exercise caution when deciding to disclose your personal information and you do so at your own risk. Do we use cookies? Yes. Cookies are pieces of information generated by web servers and stored in your computer for future access. The Sites use cookie technology to enhance your online experience by making it easier for you to navigate through our Sites or make a feature work better. Generally, cookies can be disabled. However, you must accept cookies in order to navigate the Sites; register for our membership Sites and order products from our online stores. Do we use web beacons? Yes. Some of our Sites may contain electronic images known as "web beacons" or single-pixel gifs that allow us to count visitors to our Sites and deliver co-branded services. Web beacons collect limited information including cookie number, time and date of a page view and a description of the page on which the web beacon resides. Are the Sites secure? We are committed to maintaining the security of your 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 Sites. In addition, all information is stored in a secure location behind a firewall with limited administrative access. Does this Policy apply to linked sites other than the Sites? No. The Sites contain links to other Internet sites, resources and sources of ASM. By clicking on an ad banner or other link, you will be redirected off the Sites and to third party websites. ASM is not responsible for the privacy policies of such sites. You should make sure that you read and understand the privacy policies of these sites and direct any concerns regarding external links to the site administrator or webmaster of that third party website. How do I unsubscribe? All e-mails you receive from us will include specific instructions on how to unsubscribe and you may unsubscribe at any time. Additionally, we give you the following options for removing your information from our database: (1) send an email to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ; (2) select the opt-out link at the bottom of any ASM email and follow the instructions provided; (3) send mail to the following address: Customer Service Adult Stars Magazine Inc. 2114 N flamingo Rd #152 Pembroke Pines, Fl 33028 Can I update/correct my information? Yes. You may correct or update your personal information by sending us an email at Info@adultstarsmagazine.             |
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