Swan Media Group - DBA Scores Media Group
Terms and Conditions of Service
Please read the following Terms & Conditions carefully
By entering and using the ScoresLive.com website you agree to be bound by the Terms and Conditions as set forth below. These terms and condition are a binding, enforceable legal agreement.
"ScoresLive.com" is an interactive adult website providing original live entertainment for transmission and broadcast over the Internet, consisting of information, services and content as provided by Scores Media Group (“Scores Media”), affiliates of Scores Media and other third parties. "Subscriber" means each person who either actively registers to ScoresLive.com and establishes or passively accesses a connection ("Account") for access to and use of any of the services at ScoresLive.com (the “Service”).
(A) You represent to Scores Media that you are eighteen or over to register as a member of or to use the Service. Membership in the Service is void where prohibited by law. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least eighteen (18) years of age (or 21 years old in any location where 18 is not the age of majority) and that you are specifically interested in and wish to have free and/or paid access to visual images, verbal and written descriptions, and audio sounds of a sexually-oriented materials. The materials that are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than eighteen (18) years old (or 21 years old where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials.
(B) By registering, using and/or viewing this site, either actively or passively, you represent and warrant the following: i) that you will not permit any person(s) under eighteen (18) years of age (or 21 years where 18 is not the age of majority) to have access to any of the materials contained within this site, ii) That 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 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, iii)you further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually-oriented materials and the materials you expect to encounter are within those standards, iv) that you further represent and warrant that you have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material, v) that you represent and warrant that you have not and will not use and/or view the Service in a restricted place, country, or location in which doing so would, or could be deemed a violation of any law.
(C) This Agreement, which incorporates by reference other provisions applicable to the use of ScoresLive.com, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in ScoresLive.com, sets forth the terms and conditions that apply to use of ScoresLive.com by Subscriber. By using ScoresLive.com (other than to read this Agreement for the first time), Subscriber agrees to comply with all of the terms and conditions hereof. The right to use ScoresLive.com is personal to Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any given name, screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.
(D) Scores Media shall have the right at any time to change or discontinue any aspect or feature of ScoresLive.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms.
Scores Media Group shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of ScoresLive.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on ScoresLive.com, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of ScoresLive.com by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of ScoresLive.com and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use ScoresLive.com for lawful purposes only. Subscriber shall not post or transmit through ScoresLive.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Scores Media's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Scores Media's discretion restricts or inhibits any other Subscriber from using or enjoying ScoresLive.com will not be permitted. Subscriber shall not use ScoresLive.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services competitive with the ScoresLive.com Service.
(B) ScoresLive.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ScoresLive.com are copyrighted as a collective work under the United States copyright laws. Scores Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Scores Media and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on ScoresLive.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public or private area of ScoresLive.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Scores Media the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants Scores Media the right to edit, copy, publish and distribute any material made available on ScoresLive.com by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of Scores Media, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF SCORESLIVE.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER SCORES MEDIA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT SCORESLIVE.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SCORESLIVE.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SCORESLIVE.COM.
(B) SCORESLIVE.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT SCORES MEDIA OR SCORESLIVE.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL SCORES MEDIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SCORESLIVE.COM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SCORESLIVE.COM. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON SCORESLIVE.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SCORES MEDIA, SCORESLIVE.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SCORESLIVE.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
Scores Media shall have the right, but not the obligation, to monitor the content of ScoresLive.com, including subscriber profiles, chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Scores Media and to satisfy any law, regulation or authorized government request. Scores Media shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on ScoresLive.com. Without limiting the foregoing, Scores Media shall have the right to remove any material that Scores Media, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless Scores Media, ScoresLive.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of any use of ScoresLive.com by Subscriber or Subscriber's Account.
Either Scores Media or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Scores Media shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Scores Media, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
All other trademarks appearing on ScoresLive.com are the property of Scores Media or third party respective owners as noted.
11. Third Party Content.
Scores Media Group is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, Scores Media has no more editorial control over such content than does a public library, forum, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of ScoresLive.com, are those of the respective author(s) or distributor(s) and not of Scores Media. Neither Scores Media nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through ScoresLive.com represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with Scores Media. Scores Media neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ScoresLive.com by anyone other than authorized Scores Media employee spokespersons while acting in their official capacities. Under no circumstances will Scores Media be liable for any loss or damage caused by a Subscriber's reliance on information obtained through ScoresLive.com. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ScoresLive.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for ScoresLive.com established by Scores Media constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
Scores Media Group respects the rights of all copyright holders and in this regard, Scores Media has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Scores Media's with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Scores Media Group
For web posting, reprint, transcript or licensing requests for Scores Media material, please contact email@example.com
For any questions or requests other than copyright issues or licensing requests, please contact firstname.lastname@example.org
14. Supplemental Terms.
(A) Billing and Payments
ScoresLive has no basic fee for membership to the free areas of the Service. However, some areas on the Site such as the video chats with the hosts and viewing the hosts videos will incur charges to you at the rate set by Scores Media. The prices for the video chats are based on per-minute rates and are disclosed to you prior to your credit card being charged and your entrance into the video chat room. It is agreed that each time you enter and use the ScoresLive Service; you agree that ScoresLive is authorized to charge (and recharge) your Credit Card that you previously provided to Scores Media. Subscriber is responsible for all charges associated with connecting to ScoresLive.
The free 3 day VIP Trial passes that are not cancelled within 72 hours are considered active and will become recurring monthly memberships. You may not create more than one account per person.
You may review a copy of all of your records of usage of the ScoresLive Service as well as the status of any applicable credits in the customer service section. For all billing inquiries, please contact Customer Support.
Scores Media has the right, at its own and sole discretion and at all time, to change the billing and payments methods and to add or remove other methods regarding the billing and payments issues. Scores Media reserves the right, at its own and sole discretion and at all time, to change all and any fees and charges regarding the Service. In case you do not wish to remain a member due to a change in the Terms and Conditions, you may terminate your membership as provided in the customer service section. Please note that your continued use of the Site following the changes of the Terms and Conditions constitutes acceptance of all such changes.
Please note that in any case of a charge back occurring from your credit card to one or more charges of ScoresLive, your account will be terminated immediately and all of your credits in the ScoresLive system will be forfeited.