Website Terms and Conditions
Try A Transgender (TAT) is a website located at ILoveTat.com and is owned and operated by TAT XXX, LLC. These Website Terms and Conditions are revised as of October 15, 2015.
Welcome to ILoveTAT.com (the "Website"). TAT XXX, LLC provides access to the Website to you subject to the following terms and conditions. In return for accessing the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. This is a legally binding agreement between you as the member(s) of the Website (sometimes referred to as "you", "your" or "member" hereinafter) and TAT XXX, LLC (sometimes referred to as "TAT," "we", "our" or "ILoveTat.com" hereinafter). If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website. Essentially, if you visit the Website, you accept all terms and conditions of use.Please read them carefully.
We may modify these terms and conditions from time to time. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service will constitute a binding acceptance by you of these terms and conditions, or any subsequent modifications.
This service is for adults only. By using or viewing the Website or any of its Services, you represent, warrant, and covenant that you are aware that the Website or Services may contain explicit adult oriented materials, are at least 18 years old or the age of majority in your jurisdiction, and are not prohibited by law from using the Website or Services. If your use of the Website or Services is in violation any term or condition set forth herein, you may be subject to legal action.
Website and Services
The Website provides you with the ability to create profiles, become a member, communicate with other members, and access certain services (collectively referred to as "Services"). More specifically, "Services" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and any other materials you may view on, access through, or contribute to the Website. The Service includes all aspects of the Website, including but not limited to all profiles and services offered via the Website.
The Service may contain content created any other people (such as Members of the Website defined herein) and links to third party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any other person or third party websites. In addition, we will not and cannot review, monitor, censor, or edit the content of any member, profile, photograph, message, or any other content posted by anyone on the Website, or any content of any third-party site. By using the Service, you expressly relieve us from any and all liability arising from your use of the Service including any third-party website.
Membership Terms and Conditions
These terms and conditions are an electronic contract that establishes the legally binding terms you must accept to use the Website and to become a "Member." The term "Member" means a person who provides information on the Website or to participate in the Services in any manner, whether such person uses the Service as a Limited (free) Member or a Premium Member (subscriber). You acknowledge and agree that Members of the Website may be part an online community of other Members. Therefore, profiles on the Website may be viewable by other Limited and Premium Members across the Website.
You must be at least 18 years of age to access and use the Services. Any use of the Website or Service is void where prohibited. By accessing and using the Website or Services, you represent and warrant that you have the right, authority and capacity to accept and abide by all of the terms and conditions.
If you become a Member, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity. Using the Website or Service may be prohibited or restricted in certain countries. If you use the Website or Services from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Services.
Membership and Subscription
You may register as a Limited Member at no cost. As a Limited Member, you may use some, but not all, of the features and services available on the Website. To access or use additional features and services, including the ability to communicate with other Members that are subscribers, you must become a Premium Member by becoming a paying subscriber to the Service.
You acknowledge and agree that if you are (i) a Limited Member (not a subscriber), you will be limited in your use of the features and services available within on the Website, including communicating with other Members, and (ii) certain Members will not be able to use the Services to communicate with you. A Member profile (both Limited and Premium Members) may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that although a Member's profile may be viewed, you may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.
You may become a member of the Service by completing an online registration form and by payment of the applicable subscription fee. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform us of all changes to the Registration Data, including, but not limited to, changes in your email address and changes in your payment method information you used in connection with billing for the Service.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse your current or future use of the Service, as well as possibly subjecting you to criminal and civil liability. You are responsible for dishonored checks, inappropriate "chargebacks" or credits to your payment method and any related fees that we incur with respect to your account.
All membership prices are all-inclusive and include any VAT (value added tax) in the price. Membership fees are prominently displayed prior to your subscription thereto. You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. We reserve the right to contract with one or more third parties to process all payments. Such third party may impose additional terms and conditions governing payment processing. Please note your card issuer or bank agreement may contain additional terms with respect to your rights and liabilities. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services that we may provide, with or without prior notice to you, at any time.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
Member Responsibilities and Background Checks
We do not conduct criminal background checks on our members at this time. We also do not inquire into the backgrounds of our members to verify any of the statements of our members. We make no representations or warranties as to the conduct of members or their compatibility with any future or current members. We reserve the right to conduct a criminal background check or screening, such as registered sex offenders, at any time in the future using public database records or other means.
We will not be liable for any damages whatsoever, direct or indirect, compensatory, special, general, consequential, and/or incidental, relating to the conduct of you or anyone else in connection with the use of our service. This includes without limitations, emotional distress, bodily injury, and/or any other damages resulting from the meeting or communication with other members on our websites. You agree to take reasonable precautionary measures in all communications and interactions with other people on our sites. If you decide to meet someone face to face, offline of the website, you understand that we make no guarantees, either express or implied, regarding your compatibility with those individuals from our service. Never provide any financial information such as bank account numbers or credit cards to other members.
Member Accounts and Additional Responsibilities
As part of the registration process, you must provide a unique user name and password. You certify that you will not choose a name that falsely represents you as somebody else or a name that may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that we, in our sole discretion, deem inappropriate. We further reserve the right to cancel at any time the membership of any member who uses his/her selected user name in violation of these terms and conditions or in any other way we, in our sole discretion, deem inappropriate.
Your membership, user name, and password are nontransferable and non-assignable. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to the Service to anyone who is under the age of 18, or otherwise does not wish to access the Service. You are solely responsible for maintaining the confidentiality of your user name and password and you are fully and solely responsible for all activities that occur under your user name and password. We will not release your password for security reasons.
You agree to (a) immediately notify us of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Service through your account. Unauthorized access to the Service is illegal and a breach of this Agreement. You agree to indemnify us against all activities conducted through your account. You may obtain access to your billing records upon your reasonable request.
Monitoring and Removal of Content
We reserve the right, but have no obligation, to monitor any and all public and private postings, messages, or other content on the Service. We also reserve the right, but have no obligation, to monitor any and all messages and chats that take place through the Service. Notwithstanding our right to monitor content, we are not responsible for any offensive or obscene material(s) that may be transmitted or posted by any and all members (including unauthorized members, as well as the possibility of "hackers").
Due to the volume of content on the Service, we do not and cannot review every message or other material posted or sent through the Service. We are not responsible for any content of these messages or materials. We reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements, public or private postings and messages, that we, in our sole discretion, may deem to violate the these terms and conditions or to be otherwise unacceptable to us in our sole discretion. Notwithstanding our right to delete, move or edit messages or materials, you shall remain solely responsible for the content of advertisements, public postings, messages and other materials you may upload to the Service or otherwise provide to members of the Service.
No Warranty With Respect to Member Content
You are solely responsible for your interactions with other members. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by any other member of the Service, including but not limited to, information regarding a member's age and marital status. Additionally, as members may discontinue or suspend their membership at any time, we cannot guarantee that individuals seen in various advertisements are currently active members. You hereby acknowledge and agree that we have no responsibilities or liabilities for any inaccuracies, intentional or unintentional, made by members or as a result of out of date information.
Member Content and Code of Conduct
You agree to use the Service in accordance with the following Code of Conduct:
You are solely responsible for any content, including, but not limited to, text, audio or video recordings, photographs, graphic depictions, or any other type of material, data or information ("Member Content") that you post on the Website or display to other members of the Service. You will keep all Member Content provided to you through the Service private and confidential and will not disclose such Member Content to anyone without the permission of the person who provided it to you;
You are aware that the Service may contain explicit adult oriented materials provided only by consenting members;
You will not use the Service to engage in any form of harassment or offensive behavior, including, but not limited to, the posting of any Member Content that contains sexual conduct (whether actual or simulated); libelous, slanderous, abusive, harassing, defamatory, profane, or threatening statements; or racist, pornographic, obscene, or offensive language, or illegal material;
You will not post any Member Content or use the Service in any way that: (i) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful conduct in connection with your use of the Service or violates any law;
You will not upload to the Service any illegal or extreme content, whether real, Hentai, animations or any other medium of expression, including, but not limited to: Bestiality, Child Pornography, Scat, Blood, Person to Person Water Sport, Cannibalism, Gun play, Knife/Blade play, Necrophilia, Incest, Rape, Asphyxiation, Water-bondage, or any other content deemed extreme to us in our sole discretion;
You will not use the Service to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services or to forward chain letters;
Your use of the Service is for your own personal use. You may not allow others to use the Service and you may not transfer accounts with other members; and, You will not use the Service to infringe on any privacy right, property right, or other civil right of any person;
You agree that your use of this Service is exclusively for the purpose of meeting/contacting other like-minded individuals for conversation, romance, dates, casual fun or a long-term relationship;
You agree to refrain from any solicitation of any form of prostitution, sexual services, massage services, or any other kind of commercial or sexual solicitation;
You agree that any information and photos provided to other members or uploaded to this site is a representation of yourself and not another individual.
In addition to the Code of Conduct set forth above, you further agree not to post, upload, display or otherwise make available Member Content that:
that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
"stalk" or otherwise harass any person;
advocates harassment or intimidation of another person;
requests money from, or is intended to otherwise defraud, other members of the Website or Service;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other members are able to type, or otherwise negatively affects other members' ability to engage in real time exchanges;
solicits passwords or personal identifying information for commercial or unlawful purposes from other members or disseminates another person's personal information without his or her permission; and
publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
We reserve the right, in our sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Service and terminating or suspending the membership of such violators.
Sexual Solicitation, Prostitution, or Commercial Solicitation
Any form of solicitation of any kind for prostitution, sexual services, massage services, or any other kind of commercial or sexual solicitation is strictly prohibited. Your failure to comply with this provision subjects you to criminal and civil prosecution. You agree to hold us harmless in the event you are exposed to criminal or civil liability for these prohibited acts.
Member's Obligation to Comply with 18 U.S.C. 2257 With Respect to Certain Content
You should be aware that, pursuant to federal law, any visual depictions that you post on the Service that portray actual sexually explicit conduct, depictions of the genitals or pubic area, or simulated sexually explicit activity, as such terms are defined in 18 U.S.C. §2256 (2)(A)(i)-(v) and 18 U.S.C. §2257A, require that you maintain the records required by 18 U.S.C. 2257 and must contain an 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement. Your failure to comply with the provisions of 18 U.S.C. 2257 may make you subject to criminal and civil prosecution for the violation of 18 U.S.C. 2257.
Impersonation is a clear violation of these terms and conditions. If you portray another person in a confusing or deceptive manner, you may be permanently suspended from the Service. We reserve the right to cooperate with any state or federal law enforcement or government agencies or respond to a criminal or civil subpoena or process to determine the identity of any members who impersonates or otherwise improperly portrays another person in a confusing or deceptive manner. You agree to hold us harmless for cooperating with any law enforcement agency or responding to a subpoena or legal process in connection with a deceptive impersonation.
Reporting Impersonations or Content that Violates Terms and Conditions
We will endeavor to respond to potential violations of the terms and conditions, including but not limited to, deceptive impersonations as quickly as possible. To report a violation, please email the following information to email@example.com: (i) Your User Name, (ii) a detailed description of your issue, including the time, place, and the identity of any Members involved, and (iii) any other information you perceive helpful for evaluating the potential violation. We will evaluate and respond to your inquiry as quickly as possible, and will decide in our sole discretion what to take, if any, in response.
Membership Term and Termination
These terms and conditions will remain in full force and effect while you use the Service and/or are a Member and will also survive the termination of your Membership or use of the Service.
You may change or cancel your Membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership via the Website, we may ask you to provide a reason for your cancellation. If you cancel your subscription, we require a reasonable amount of time to process the action. If you cancel a subscription, you may enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment.
We also reserve the right to terminate or suspend your subscription and/or membership in the Service at any time without notice for any reason, including but not limited to, if we believe that you have breached any term or condition. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to all or part of the Service at our sole discretion, and we reserve the right to refer such activity to any and all appropriate law enforcement agencies. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms and conditions survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
Use of Service Terms
General Permissions and Restrictions for Use of the Service
We hereby grant you permission to access and use the Service as set forth in these terms and conditions, provided that: (i) You agree not to distribute in any medium any part of the Service; (ii) You agree not to alter or modify any part of the Service; (iii) You agree not to access the Service through any technology or means other than explicitly authorized means we may designate; (iv) You agree not to use the Service for any of the following commercial uses: (a) the sale of access to the Service; (b) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing content delivered via the Service; (v) You agree to comply with all applicable laws, and further agree not to violate any applicable laws through use of the Service; and (vi) You agree not to violate any of the terms and conditions. We reserve the right to discontinue any aspect of the Service at any time.
Restrictions on Use of our Service
In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of the Service: (i) the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to us, subject to copyright and other intellectual property rights under the law; (ii) content is provided to you AS IS. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes without our prior written consent; (iii) You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (iv) You understand that when using the Service, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.
Responsibility for Your Content and Conduct
If you chose to share your personal information, photographs, and other content (including communications) through the Service, you understand that we do not guarantee any confidentiality with respect to any content you submit. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Service pursuant to these terms and conditions. You further agree that content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not endorse any content submitted to the Service by any member or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we reserve the right to remove all content if properly notified that such content infringes on another's intellectual property rights without prior notice. Any and all conduct and use of this Site must comply with our Code of Conduct.
While this Website may be viewed internationally, and may contain references to Services not available in all countries, you agree that: (i) the Service shall be deemed solely based in Florida; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Florida. We may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different members.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.
Acceptance of Modification of Terms and Conditions
You acknowledge and agree that we may amend any terms and conditions at any time by posting the relevant amended and restated terms and conditions on the Website. By continuing to use the Service or the Website, you agree that the amended terms and conditions will apply to you. No further action will be required by us for your acceptance of the amended terms and conditions.
Improper Use and Confidentiality
If you use the Website or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. As a condition of your access to and use of the Website or Services, you agree that you will comply with all applicable laws and regulations when using the Website or Services. You agree to use the Website or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Website (the "Website Content"), and (b) you will not copy, reproduce, download, compile or otherwise use any Website Content for the purposes of operating a business that competes with us, or otherwise commercially exploiting the Website Content. Systematic retrieval of Website Content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) is prohibited. Use of any content or materials on the Website for any purpose not expressly permitted in the terms and conditions is prohibited.
You agree not to undertake any action to undermine the integrity of our computer systems or networks and/or any other member nor to gain unauthorized access to such computer systems or networks. You agree not to undertake any action that may undermine the integrity of our Service, such as creating secondary user names or through third parties.
The Service contains information, which is proprietary to us and/or users of the Service. We assert full copyright protection in the Service. Any information posted by us or users of the Service may be protected whether or not it is identified as proprietary to us or to the user. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.
Limited License, Website Access, and Non-Commercial Use
We grant you a nonexclusive, nontransferable, revocable limited right and license to access and make personal use of the Website and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it.
This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form). You may not use any metatags or any other "hidden text" utilizing our name or trade names, trademarks, or service marks. Any unauthorized use terminates the permission or license granted by us.
We attempt to be as accurate as possible when describing our Service on the Website. However, we do not warrant that service descriptions or other content of this website is accurate, complete, reliable, current, or error-free.
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is our property and is protected by United States and international copyright laws. The compilation of all content on this website is our exclusive property and is protected by U.S. and international copyright laws. All software used on this website is our property or licensed to us and is protected by United States and international copyright laws. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website.
We own the following unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:
The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin may not be used in connection with any business, product, or service whose source is not ours, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits us, our Service, or our Website. All other trademarks, service marks, trade names, and logos not owned by us or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin displayed or contained in the Website.
One or more patents apply to the Website and to the features, products, and services accessible via the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein.
We respect the intellectual property rights of others, and we ask our members to do the same. The following actions may be used to deter suspicious content: (a) Removal of content upon receipt of intellectual property infringement claim against the same from intellectual property right holders; (b) Written notification to members responsible for content subject to intellectual property infringement claim; and/or (c) Termination of membership account in respect of intellectual property infringement claims. In appropriate circumstances and in our discretion, we may terminate the rights of any member to use of the Website (or any part thereof) who infringes the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the "Copyright Agent" specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Website;
Your address, telephone number, and e-mail address;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to our designated agent for notice of claims of copyright infringement on the Website at the following addresses:
TAT XXX, LLC
1819 SE 17th Street, Suite 1601
Fort Lauderdale, Florida 33316
TAT XXX, LLC
1819 SE 17th Street, Suite 1601
Fort Lauderdale, Florida 33316
Please note that this procedure is exclusively for notifying us that your copyrighted materials have been infringed.
All intellectual property infringement claims shall be made under penalty of perjury. Intellectual property right holders agrees to indemnify and hold us harmless from all claims, causes of action, damages and judgments arising out of any removal of product listings pursuant to intellectual property infringement claims.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT
Disclaimer of Warranties and Limitation of Liability
The Website is provided by us on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
To the fullest extent permissible by applicable law, WE disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. WE DO not warrant that the Website, its servers, or e-mail sent from US are free of viruses or other harmful components. WE will not be liable for any damages of any kind arising from or relating to the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT, OR FOR ANY OTHER REASON, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MEMBERSHIP FEES YOU HAVE PAID US.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
The Website was developed in the United States of America in accordance with and shall be governed by the laws of the state of Florida, United States of America. By visiting the Website, you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and us.
These terms and conditions and all matters arising out of or otherwise relating to these terms and conditions shall be governed by the laws in effect in the State of Florida, without regard to its conflict of law provisions. You agree that any and all controversies, disputes or claims arising out of your use of the Website, Services, or these terms and conditions shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association. The determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under applicable arbitration statutes). The arbitration shall be presided over by a single impartial independent arbitrator appointed by the AAA. The parties agree that the issue of arbitrability shall also be decided by such arbitrator. Each party shall bear its own costs in any arbitration. The arbitration provision contained herein shall be self-executing and shall remain in full force after expiration or termination of this Agreement. The place of arbitration shall be Broward County, Florida.
YOU WAIVE ANY RIGHT TO LITIGATE SUCH CONTROVERSIES, DISPUTES, OR CLAIMS IN A COURT OF LAW, AND WAIVE THE RIGHT TO TRIAL BY JURY. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY AND ALL DISPUTES OVER THE VALIDITY AND ARBITRABILITY OF ANY PART OF THIS AGREEMENT, AND ANY AWARD BY THE ARBITRATOR MAY BE ENTERED AS A JUDGMENT IN ANY COURT HAVING JURISDICTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY JOINING OUR WEBSITE OR CREATING A FREE PROFILE YOU SPECIFICALLY WAIVE ANY RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION OR CLAIM OR COLLECTIVE ACTION OR CLAIM YOU MAY HAVE AGAINST US, INCLUDING, BUT NOT LIMITED TO, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATION OR JOINING ANY CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT OR ANY OTHER PROCEEDING. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND US WILL BE LITIGATED INDIVIDUALLY AND THAT YOU WILL NOT CONSOLIDATE OR SEEK CLASS TREATMENT FOR ANY SUCH CLAIM. IF AT ANY TIME YOU ARE DEEMED A MEMBER OF ANY CLASS CREATED BY ANY COURT OR IN ANY OTHER PROCEEDING, YOU SHALL "OPT OUT" OF SUCH CLASS AT THE FIRST OPPORTUNITY, AND SHOULD ANY THIRD PARTY PURSUE ANY CLAIMS ON YOU'RE BEHALF YOU SHALL WAIVE YOUR RIGHTS TO ANY SUCH MONETARY RECOVERY.
Severability, Waiver, Assignment, and Merger
If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of our right to act with respect to subsequent or similar breaches. We shall have the right to assign the terms and conditions (including all of our rights, titles, benefits, interests, and obligations and duties in the terms and conditions to any person or entity. You may not assign, in whole or part, the terms and conditions to any person or entity. This constitutes the entire agreement between you and us and governs your use of the Website and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
Third Notice as to Modification
We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, Service, and the terms and conditions at any time. You should check these terms and conditions periodically for changes. By using the Website after we post any changes to the terms and conditions, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these terms and conditions, you should not use the Website and, if applicable, you should arrange to cancel your member account or subscription with us.
TAT XXX, LLC
1819 SE 17th Street, Suite 1601
Fort Lauderdale, Florida 33316