You must read, agree and understand the following terms and conditions before accessing any materials contained on PUBLICFLASHINGPICS.COM referred to as SITE within from this point on in this agreement. Please read all the terms and conditions carefully. If you do not understand, agree and abide by the following terms and conditions you are prohibited from further accessing this SITE. By further accessing any part of this SITE you agree to be bound by this agreement in it’s entirety.
1. This is an Agreement between you, a Visitor to the web site SITE referred to herein as "You and/or Visitor as appropriate" and RLW Publishing and/or Danielle Productions the owners and producers of the web SITE referred to herein as "Company and/or SITE as appropriate". For good and valuable consideration which is hereby acknowledged by You and the Company, and by further accessing or using any services available at SITE at anytime from this moment forth, You hereby agree to be bound by all of the terms and conditions set forth in this Agreement in it’s entirety. The Company agrees to provide to You the nonexclusive and revocable access to the web SITE. This Agreement is subject to change or modification by the Company at any time, and changes are effective upon notice to You by e-mail, posting at SITE, via a hyperlink on SITE, by a change on this current URL or by mail.
2. All content including but not limited to, material, web pages, graphics, messages, videos, pictures, and any other forms of communication at SITE are expressly intended for distribution exclusively to consenting adults in locations where the content including but not limited to, material, web pages, graphics, messages, videos, pictures and any other forms of communication contained at SITE do not violate any community standards or any Federal, State or local law or regulation of the United States or any other Country. No person or persons under the age of eighteen (18) years may directly or indirectly view or possess any of the contents of SITE. No person or persons under the age of eighteen (18) years may directly or indirectly place any orders for any goods or services advertised at or in SITE. You hereby acknowledge and understand that materials presented at and/or downloadable from SITE include explicit visual, audio and textual depictions of nudity and heterosexual, bi-sexual, homosexual, and transsexual situations of a sexual nature. You further agree that You are familiar with materials of this kind and that you are not offended by such materials in any way. You hereby further affirm and warrant that you are currently over the age of eighteen (18) years and are capable of lawfully entering into this agreement.
3. You hereby acknowledge and agree that any and all material contained at SITE are proprietary and constitute valuable intellectual property. You further acknowledge an agree that as such, You may only access, view, download, receive and otherwise use the materials available at SITE only as authorized by the Company.
4. You agree that You shall at no time directly or indirectly access, view, download, receive or otherwise use, or cause, enable or allow others to access, view, download, receive or otherwise use or possess materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt, possession or other use. You hereby acknowledge and agree that no materials from any area or part of SITE are authorized, and no materials are intended by the Company to be accessed, viewed, downloaded, or used by, transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas designated a PROHIBITED AREAS below. You agree and affirm that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from SITE, in which You are directly or indirectly involved, including but not limited to accessing, viewing, downloading, receiving, displaying or other use of any and all materials in PROHIBITED AREAS in any manner shall constitute intentional infringement or infringements of SITE and potentially others intellectual property rights and other rights in such materials and shall further constitute violations of SITE’s trademarks and other rights, including, but not limited to, rights of privacy.
5. All of the following areas constitute PROHIBITED AREAS from which no part of SITE may be accessed, viewed, downloaded or otherwise received at any time either directly or indirectly:
I. All parts of the following States within the United States of America: Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, and West Virginia.
II. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria and The United Arab Emirates.
III. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, or other use of materials at SITE would, or could reasonably constitute a violation of any law, regulation, rule or custom.
6. You agree to be personally liable and fully indemnify SITE the Company and all of it’s owners, employees, actors and actresses for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual unauthorized downloading, viewing or any duplication of any material from SITE alone, or with or under the authority of, any other person or persons, including, but not limited to, and without limitation, any governmental agency or agencies, wherein such damages include, without limitation, all direct, indirect and consequential damages directly or indirectly resulting from unauthorized downloading or viewing of any material from SITE including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney’s fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure's), forfeiture's), and/or injunction's).
7. Access to SITE may be terminated by the Company at any time without cause.
8. Subject to all the terms and conditions set forth in this agreement, SITE hereby grants you a limited non-exclusive non-transferable license to use graphic files, audio files, video files, links, text and other software contained on SITE associated with authorized visitor use during the period that is authorized by the Company. You may use the material only as authorized by this agreement. You may use the materials authorized only on a single computer at a time. If downloadable material is made available and authorized by the Company you may make only a single copy for your own personal enjoyment. You are prohibited from removing any proprietary or copyright notices from material. You are prohibited from but not limited too allowing others to directly or indirectly view or use any of the materials on SITE. You are further prohibited to modifying materials on SITE in any way. You are also prohibited from using the material on SITE in any other way shape or form.
9. All materials on SITE are for the private use by visitors only. No other uses are intended by the Company and any other use is strictly prohibited.
10. You understand that when You gain access to this site, You will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because You want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters, which is both healthy and normal and. You are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you will encounter are within those standards. In your judgment, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive or obscene.
11. No warranty is made by SITE regarding any information, services, or products provided through or in connection with the Service, and SITE hereby expressly disclaims any and all warranties, including without limitation:1) any warranties as to the availability, accuracy, or content of information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
12. Except for public domain material and electronic messages, all material displayed on SITE is copyrighted by SITE and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of SITE, unless otherwise clearly stated in this Agreement.
13. The material on SITE is for the private, non-commercial enjoyment of Visitors only. Any other use is prohibited.
14. There are no facilities provided by SITE for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient's) to read. Notice is hereby given that all messages entered into this Service can and may be read by the operators of SITE, whether or not they are the intended recipient's).
15. Notices by SITE to Visitors may be given by means of electronic messages through SITE, by a general posting on SITE, or by conventional mail. Notices by Visitors may be given by electronic messages unless otherwise specified in the Agreement.
16. The Visitor hereby warrants and represents that he or she is over the age of 18, and in all respects is qualified and competent to enter into this agreement.
17. If any term, provision, or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. Any term, provision, or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, at the option of the Company may be modified and/or reformed to the extent necessary to make it enforceable.
18. This Agreement contains the entire agreement between the Visitor and SITE regarding the use of SITE, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by SITE to Visitors. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations . The Agreement shall be governed pursuant to the laws of the State of California.