HoleAndaHeartBeat.com
Legal Notices And Terms Of Use
A. AGE
AND LEGAL ACCESS CERTIFICATION.
By subscribing to HOLEANDAHEARTBEAT, you certify that
you are 18 years of age or older; that you are familiar with
all local laws in your area affecting your legal right to access
erotica or adult-oriented materials; that you have the legal
right to access adult-oriented materials and HOLEANDAHEARTBEAT
has the legal right to transmit them to you; that you are requesting
adult-oriented materials for your own private enjoyment and that
you will never share these materials with a minor or in ANY WAY
make these materials available to a minor.
B. CUSTODIAN
OF RECORDS.
All persons who appear in any visual depiction contained
in HOLEANDAHEARTBEAT were eighteen years of age or older at the
time of the creation of such depictions. The records required
by Section 2257 of Title 18 of the United States Code with respect
to visual depictions of actual sexually explicit conduct are
kept by the custodian of records, Joseph Usea, who can be reached
at joe@ HOLEANDAHEARTBEAT.com,
and has a business address of Joseph Usea, 2309 Grays Ferry Ave,
Philadelphia, PA 19146, except with regard to visual depictions
of actual sexually explicit conduct made before July 3, 1995,
which are exempt from the requirements set forth in 18 U.S.C.
§ 2257 and 28 C.F.R. 75.
C. TRADEMARKS.
" HOLEANDAHEARTBEAT," "Hole and a Heartbeat,"
"HAAH LLC" are service marks and trademarks of HAAH
LLC. and may be used publicly only with express written permission.
Other trademarks and service marks featured on HOLEANDAHEARTBEAT
are displayed pursuant to licenses obtained from the owners and/or
holders of those trademarks and service marks, and may not be
used publicly without the express written consent of the owners
and/or holders of such trademarks and service marks.
D. COPYRIGHTS.
Except for public domain material and electronic messages,
all information, written, coded and contained at and displayed,
viewed or downloaded from the Internet sites which are operated
by HAAH LLC., identified by the URL www.holeandaheartbeat.com,
including all subdirectories and the documents contained within,
is and shall remain copyrighted by HAAH LLC., and/or various
other companies including, but not limited to, any client of
. HAAH LLC Any art or other material placed on this site owned
by another entity (other than HAAH LLC ) is placed here with
the full knowledge and permission of the copyright owner, and
HAAH LLC makes no claim of ownership or control of such artwork
or programming code.
All members images displayed on HOLEANDAHEARTBEAT.com are believed
to be property of the sender. They were obtained from voluntary
submissions, specifically intended for online usage. It is not
the intent of holeandaheartbeat.com, it's owner(s) or any affiliate
to violate the copyright of any individual or business.
If you believe this to be the case then please contact the
( Web Master.)
Please include specific information identifying yourself, (your
company), your legal address, a voice telephone where you can
be contacted, the full URL of the offending material, and documentation
to support your claim. Such material will be promptly removed.\
You may only access and use the Materials presented on these
sites for personal purposes. You may not modify or use the Materials
for any other purpose without HAAH LLC. express written consent.
You may not reproduce, republish, post, transmit or distribute
any Materials on HAAH LLC Website.
© All pictures contained on this web site are copyright
protected under all applicable laws governing the use of copyrighted
materials. © All designs and graphics for "holeandaheartbeat.com"
are copyright protected. TM ."HOLEANDAHEARTBEAT" AND
"HH CREW"are trademarked.
The images reproduced on these pages are intended to be viewed
as samples of the services offered by HAAH LLC. only. All the
Art represented on these pages retains the copyright of HAAH
LLC. and/or their respective owners, who also reserve all rights.
Federal Copyright law prohibits any unauthorized reproduction,
by any means, and imposes fines for such unauthorized use of
up to $25,000 for each violation.
E. LIMITED
LICENSE / TERMINATION.
HOLEANDAHEARTBEAT provides the materials on this site
for the personal, non-commercial use by viewers, fans, visitors,
subscribers and/or potential subscribers of HOLEANDAHEARTBEAT.
Users of HOLEANDAHEARTBEAT are granted a single copy license
to download (on a single computer only) or print one copy of
any of the information made available for downloading found on
this site for personal, non-commercial use only. Commercial use
of HOLEANDAHEARTBEAT , or any material located on it, is strictly
prohibited. In addition, users of HOLEANDAHEARTBEAT may not:
(i) modify any of the materials found in any area of HOLEANDAHEARTBEAT;
(ii) use any of the materials found in any area of HOLEANDAHEARTBEAT
for any public display, performance, sale or rental; (iii) remove,
modify or alter any copyright or other proprietary notice, or
trademarks from any of the materials found in any area ofHOLEANDAHEARTBEAT
; or (iv) otherwise transfer any material located in any area
of HOLEANDAHEARTBEAT to any other person or entity. HOLEANDAHEARTBEAT
reserves the right to terminate this license at any time if you
breach or violate any provision of this Terms of Use agreement,
in which case you will be obligated to immediately destroy any
information or materials you have downloaded, printed or otherwise
copied from this site. HOLEANDAHEARTBEAT reserves all other rights
coincident or related to this site.
F. ACCEPTABLE
USE.
A portion of this site is maintained for "chat"
entertainment purposes only. AlthoughHOLEANDAHEARTBEAT is unable
to control third party content on this site, it isHOLEANDAHEARTBEAT
's policy to prohibit visitors from posting infringing, defamatory,
libelous or otherwise unlawful material, or any material deemed
obscene, lewd, excessively violent, harassing or otherwise objectionable.
You agree not to post such information and agree to indemnify
HOLEANDAHEARTBEAT and its representatives for any claims or suits
arising from your use of this site. HOLEANDAHEARTBEAT reserves
the right to monitor and delete any postings deemed inconsistent
with the policy described above. If you are aware of any such
material posted on our site, please contact us at www.HOLEANDAHEARTBEAT.com.
Please provide as much detail as possible, including a copy of
the offending or infringing information or material, the location
where we may find the offending or infringing information or
material, the reasons(s) such postings should be removed and
a statement, signed under penalty of perjury, certifying the
accuracy of the information provided to us. To the extent any
notice is based on an alleged copyright or trademark violation,
please provide copies of applicable state or federal registration
certificates.HOLEANDAHEARTBEAT and its representatives will do
their best to monitor content online, but in no event do they
assume any particular obligation to do so or liability for failing
to remove specific content.
G. COMMUNICATIONS
NOT PRIVATE / USE OF E-MAIL SUBSYSTEMS.
HOLEANDAHEARTBEAT does not provide any facility for
sending or receiving private or confidential electronic communications.
All messages transmitted to HOLEANDAHEARTBEAT shall be deemed
to be readily accessible to the general public. Visitors should
not useHOLEANDAHEARTBEAT to transmit 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
HOLEANDAHEARTBEAT can and may be read by the operators of this
service, regardless of whether or the operators are the intended
recipients of such messages.
The use of e-mail through HOLEANDAHEARTBEAT online systems shall
be limited to direct inquiries to HOLEANDAHEARTBEAT or HOLEANDAHEARTBEAT
staff by interested people with questions directly related to
services which are provided by HOLEANDAHEARTBEAT, and other related
inquiries. Any use of the site for transmittal of unsolicited
commercial endeavors is strictly prohibited. Any such use involves
the mis-use of private computing systems, and shall result in
billing to the sender of at least $100.00 (one hundred dollars)
per occurrence.
H. DISCLAIMER.
THE MATERIALS ON HOLEANDAHEARTBEAT ARE PROVIDED AS IS"
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF INTELLECTUAL
PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. HOLEANDAHEARTBEAT
OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. HOLEANDAHEARTBEAT
DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE.
HOLEANDAHEARTBEAT MAY CHANGE ANY OF THE INFORMATION FOUND AT
THIS SITE AT ANY TIME WITHOUT NOTICE. HOLEANDAHEARTBEAT MAKES
NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. IN
NO EVENT SHALL HOLEANDAHEARTBEATLIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE
USE OR INABILITY TO USE THE MATERIAL OR INFORMATION AVAILABLE
ON THIS SITE, EVEN IF HOLEANDAHEARTBEAT HAS BEEN ADVISED OF SUCH
DAMAGES. (BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.)
***All members images displayed onHOLEANDAHEARTBEAT .com
are believed to be property of the sender. They were obtained
from voluntary submissions, specifically intended for online
usage. It is not the intent of HOLEANDAHEARTBEAT.com, it's owner(s)
or any affiliate to violate the copyright of any individual or
business.
If you believe this to be the case then please contact
the ( Web
Master.) Please include specific information identifying
yourself, (your company), your legal address, a voice telephone
where you can be contacted, the full URL of the offending material,
and documentation to support your claim. Such material will be
promptly removed.\
I. LINKS
TO THIS SITE.
You may establish a hypertext "link" to this
site and/or distribute, modify or re-use the text or graphics
of this site only after obtaining written permission from HOLEANDAHEARTBEAT
allowing you to do so.
J. LINKS
TO THIRD PARTY SITES.
This site contains links to sites which are controlled
by third parties. Those linked sites are not under the control
of HOLEANDAHEARTBEAT, andHOLEANDAHEARTBEAT is not responsible
for the contents of any linked site or any link contained in
a link site.HOLEANDAHEARTBEAT is providing those links to you
only as a convenience, and the inclusion of any link does not
imply endorsement by HOLEANDAHEARTBEAT of any linked site.
K.JURISDICTION
AND VENUE.
Unless otherwise specified, the materials in the site
are presented solely for the purpose of entertaining and promoting
services available in the United States, its territories, possessions,
and protectorates. This site is controlled and operated by HAAH
LLC. from its offices within the State of Pennsylvania, United
States of America. HAAH LLC. makes no representation that materials
in the site are appropriate or available for use in other locations.
Those who choose to access this site from other locations do
so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
Software from this site is further subject to United States export
controls. No software from this site may be downloaded or otherwise
exported or reexported (i) into (or to a national or resident
of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or
any other country to which the U.S. has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the Software, you represent
and warrant that you are not located in, under the control of,
or a national or resident of any such country or on any such
list.
L. PRIVACY
STATEMENT.
HOLEANDAHEARTBEAT is committed to maintaining the
confidentiality of its members and the information collected
from them. HOLEANDAHEARTBEAT does collect identification and
credit card or other payment information that is provided by
its members, and uses the information solely to process payment
and maintain accounts for the membership subscriptions. HOLEANDAHEARTBEAT
does not distribute individually identifiable information to
third parties unrelated to the purpose for which it was collected.
HOLEANDAHEARTBEAT takes reasonable precautions to protect said
information from disclosure or misuse.
M. NOTICES.
Notices by HOLEANDAHEARTBEAT to customers shall be given
by means of electronic messages or by a general posting on the
site. Notices by customers to shall be given by electronic messages
unless otherwise specified in the agreement. All questions, complaints,
or notices to HOLEANDAHEARTBEAT by means of electronic message
must be sent to customer
service.
- N. SUBMISSIONS.
- All comments, suggestions, ideas, notes, drawings, concepts
or other information disclosed or offered toHAAH LLC. . by and
at this site or in response to solicitations in this site or
other HAAH LLC. sites (collectively, the "Comments")
shall be deemed and shall remain the property of HAAH LLC. .
None of the Comments shall be subject to any obligation of confidence
on the part of HAAH LLC. .and HAAH LLC. . shall not be liable
for any use or disclosure of any Comments. Without limitation
of the foregoing, HAAH LLC. shall exclusively own all now known
or hereafter existing rights to the Comments of every kind and
nature throughout, but not limited to, the entire universe and
shall be entitled to unrestricted use of the Comments for any
purpose whatsoever, commercial or otherwise, without compensation
to the provider of the Comments.
-
- O. LIMITATION OF LIABILITY.
- Under no circumstances, including, but not limited to, negligence,
shall HAAH LLC. be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials
in this site, even if HAAH LLC. or a HAAH LLC. authorized representative
has been advised of the possibility of such damages. Applicable
law may not allow the limitation or exclusion of liability or
incidental or consequential damages, so the above limitation
or exclusion may not apply to you. In no event shall HAAH LLC.
's total liability to you for all damages, losses, and causes
of action (whether in contract, tort (including, but not limited
to, negligence) or otherwise) exceed the amount paid by you,
if any, for accessing this site.
-
- P. MEMBERSHIP TERMS AND FEES
- By enrolling in this service (the "Service"), you
become a Subscriber and agree to be bound by this Agreement (the
"Agreement"). This agreement is subject to change by
HOLEANDAHEARTBEAT at any time, and changes are effective upon
notice to each Subscriber. Unless and until this agreement is
canceled in accordance with the terms hereof, Subscriber hereby
authorizes the "Service" to charge subscriber's credit
card (or other approved facility) to pay for the ongoing cost
of membership. Subscriber hereby further authorizes the "Service"
to charge Subscriber's credit card (or other approved facility)
for any and all purchases of products, services and entertainment
provided by HOLEANDAHEARTBEAT.com. Subscribers may not be assigned
or transferred to any other person or entity. The User is responsible
for any and all fixed and accumulative charges for this account.
The first month service fee (or other available billing period
selected) is due upon account setup. Every 30 days (or other
billing period selected), the account will be charged the monthly
access and any other fees for the new month plus any accumulated
charges for the past month. Unused free hours do not accrue from
one month to the next. Failure to use this account(s) does not
relieve the user of payment obligations.
- Credit Card customers agree to allow CC BILL. to bill such
card every 30 days automatically after the initial charge and
account setup. User agrees to allow CC BILL to make the automatic
monthly charge without separate authorization from the account
holder. Credit Card customers shall notify CC BILL. of changes
in the Number / expiration date of any credit card used in connection
with the Service and changes in home or billing address. If the
card is not honored for any reason HOLEANDAHEARTBEAT will attempt
to notify the card holder from telephone information given at
sign-up. HOLEANDAHEARTBEAT may also attempt to contact the card
holder ONE time, via the email address provided at subscription.
If alternative billing is not established within seven (7) days
the account will be terminated. Re-establishment of the account
will be subject to a $5.00 reconnection fee.
- If payment is by check, payment due dates are indicated on
your invoice, which will arrive via email and contains your user
identification and password. Dishonored checks are subject to
a collection fee and your account may be suspended until the
account is current. If payment is not received within 7 days
of the due date, service will be terminated.
- HOLEANDAHEARTBEAT has the right to instantly terminate service
for any unpaid or partial paid subscriptions. Accounts in default
are subject to an interest charge of 1.5% per month on the outstanding
balance. Termination of service shall not relieve the user from
the obligation to satisfy outstanding invoices. In the event
HOLEANDAHEARTBEAT utilizes an attorney to collect such sums,
the user shall be responsible for the payment of all of HOLEANDAHEARTBEAT
attorneys' fees and costs in pursuing the collection of these
sums.
- Subscription to the Service may be terminated at any time,
and without cause, by either HOLEANDAHEARTBEAT or the Subscriber
upon notification of the other by electronic or conventional
mail. When termination is requested by a member, subscription
fees are NOT refunded. Subscribers are liable for charges incurred
by them until termination of service.
- Agreement maybe canceled during term by customer notification
via cancelation form located at customer
service.CANCELATIONS MUST BE IN WRITING VIA MAIL, EMAIL OR
FAX. NO CANCELATION WILL BE ACCEPTED VIA TELEPHONE.
- Subscribers are responsible for providing all personal computer
and communications equipment necessary to gain access to the
Service. Access to and use of the Service is through a combination
of an ID and a password. Each Subscriber must keep his password
strictly confidential. Remember your password! For security reasons,
HOLEANDAHEARTBEAT will not release passwords for any reason,
except as may be specifically required by law or court order.
Unauthorized access to the Service is a breach of this Agreement
and a violation of law.
- All questions, complaints, or notices to HOLEANDAHEARTBEAT
by means of electronic message must be sent to support@HOLEANDAHEARTBEAT.com
- In addition to any price for services, Customer shall be
responsible for the gross amount of any present or future federal,
state, municipal or other government sales, use, excise, value
added or other similar taxes applicable to the price, sales or
delivery of any services furnished hereunder or to their use
by customer.
- The subscriber hereby warrants and represents that he or
she is over the age of 18 or of legal age in his or her community
and in all respects is qualified and competent to enter into
this agreement.
- This Agreement contains the entire agreement between the
Subscriber and HOLEANDAHEARTBEAT regarding the use of the Service,
and supersedes all prior written and oral understandings and
writings, and may only be amended upon notice by HOLEANDAHEARTBEAT.com
and HAAH LLC. to Subscribers. Unless otherwise explicitly stated,
the provisions of this Agreement shall survive its terminations.
This Agreement shall be governed pursuant to the laws of
the United States of America.
This agreement shall be governed by and construed in accordance
with the laws of the State of Pennsylvania, without giving effect
to any principles of conflicts of law. If any provision of this
agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties
relating to the subject matter herein and shall not be modified
except in writing, signed by both parties.
Q. COPPA
STATEMENT
This web site is not directed to children under 13
years old. The policy of HOLEANDAHEARTBEAT and HAAH LLC, as the
operator of this web site, is NOT knowingly trying to collect
any personal information from children under 13, including "individually
identifiable information," as defined by the Children's
Online Privacy Protection Act (COPPA). If you are under 18, you
should leave the web site without filling out any of the registration,
entry, or other forms on this web site or otherwise providing
any information about yourself. If HOLEANDAHEARTBEAT and HAAH
LLC.. did knowingly collect personal information from children
under 13, it would do so in accordance with COPPA.
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