The terms "User" means any person or entity that accesses badgirljones.com (the "site"). The term User includes a Subscriber.
The term "Subscriber" means a User who pays a fee to sublicense photos and/or videos from the site.
The term "Content" means all data, text, software, music, sound, photographs, graphics, video, messages or other information or materials of any kind.
The term "Site" means the website www.badgirljones.com.
BadGirlJones offers an online marketplace for highly erotic and artistic nude digital media featuring photographs and videos ("Service"). Models, Photographers, and Producers ("Providers") are able to upload their digital media in turn allow subscribers of BadGirlJones to purchase a sublicense for a fee, determined by providers, through BadGirlJones for noncommercial home use of such content.
BadGirlJones is intended for Adult audiences and should only be viewed by people 18 years of age or older (21 years of age in certain jurisdictions). MISREPRESENTATION OF YOUR AGE TO GAIN ACCESS TO THIS SITE IS A VIOLATION OF THE LAW! IF YOU ARE NOT 18 YEARS OF AGE, YOU MUST EXIT THIS SITE IMMEDIATELY!
The images on the BadGirlJones site is the copyrighted property of BadGirlJones and/or of those credited as providers. These images are strictly for the noncommercial home use of you, the Subscriber, and except as expressly permitted in this Agreement may not be copied, redistributed or used in any way, in whole or part, without the prior written consent of the BadGirlJones Licensing Department . Any downloading or exporting capabilities are solely an accommodation to you, the subscriber and shall not constitute a grant or waiver of any rights of the copyright owners in any photo or video content. Subscriber accepts the Services of the BadGirlJones �as is, where is� and at Subscriber�s own risk. Subscribers are liable for the consequences of their activities and/or their breach of this Agreement notwithstanding termination of services. Violators will be pursued and prosecuted to the fullest extent of the law. All models are 18 and older.
In consideration of User's access to the User agrees to: provide true, accurate, current and complete information about the User as prompted by the BadGirlJones� registration forms, or any other questionnaire or information input format, which requests information from or about User, and maintain and promptly update such information to keep it accurate and current. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of User�s account (without cost to BadGirlJones and without obligation for reimbursement of any fees previously paid by a User to BadGirlJones) for such User's failure to provide or maintain true, accurate, current and complete Registration Data as provided in the TOS.
Each User is solely responsible for maintaining the confidentiality of any User login user name and password (or other identifying information). Each User shall notify BadGirlJones of any known or suspected unauthorized use(s) of User�s account, Site login user name and/or password or any known or suspected breach of security, including loss, theft or unauthorized disclosure of User�s password or credit card information.
Each User is responsible for all usage or activity on User�s account the site. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of User�s account at badgirljones.com� sole discretion, and you may be referred to appropriate law enforcement agencies.
User�s may cancel their account at any time by emailing: email@example.com. If a User cancels their account, User will not be entitled to any refund for previously paid subscription fees or photo and/or video purchases.
User agrees to use the site as follows: understands that User may be exposed to Content that may be considered or deemed indecent, offensive or otherwise objectionable. User, and not BadGirlJones, is responsible for any Content User post on the Site, and the consequences of any such content. User shall not use the Site to transmit any Content that is unlawful, harmful, threatening, abusive, pornographic, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable. User shall not submit any Content that User does not have the right to submit. User shall not submit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. User shall not submit any Content or material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. User shall not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site. User may not use the Site to harm minors or any person in any way. User may not falsely impersonate any real person or entity, or falsely state or otherwise misrepresent your affiliation with a real person or entity. User may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site. User may not stalk or otherwise harass any model or other user. User may not distribute the Site or any part, in any medium, known or unknown, including but not limited to Content, without BadGirlJones� prior written authorization. User shall not use the Site for any commercial use, without the prior written authorization of BadGirlJones. User shall not collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g. comments, email) for any commercial solicitation purposes. User agrees not to solicit, for commercial purposes, any users of the Site. User shall not claim to be an "agent", "scout" or any advertised agency through use of the Site, nor use the communication systems provided by the Site (e.g. comments, email, profile text) to make any claim to being an "agent", "scout" or advertised agency. User agrees not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site. Content on the Site is provided to User "AS IS" for user�s information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever without BadGirlJones� prior written consent. BadGirlJones reserves all rights not expressly granted in and to the Site. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Any aspect or use of the Site may be modified or discontinued at any time in the sole discretion of BadGirlJones. User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.
BadGirlJones does not claim ownership of Content Transmitted by a User to the Site and displayed on the Site, except as provided in separate agreements with models and photographers. Notwithstanding the foregoing, and except as provided in BadGirlJones� separate agreements with models and photographers, you grant to BadGirlJones a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content you submit to the Site and to incorporate such Content into other works. The Site, including all Content and the trademarks, service marks and logos contained therein, are owned by or licensed to BadGirlJones. BadGirlJones reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
Terms of Sale
In order to register, subscribe and purchase photo and/or video content from BadGirlJones, you must indicate agreement with the terms and conditions of this Agreement by checking the "I have read and agree to the Site Terms and Conditions" checkbox on the registration page. You will not be allowed to subscribe to the Site before clicking that checkbox. You understand, however, that you will not be able to subscribe and purchase photos and/or videos from BadGirlJones unless you agree to the terms of this Agreement by clicking on the button as set forth above. BadGirlJones reserves the right, at its discretion, to change, modify, add or remove portions of this Agreement at any time. Occasionally BadGirlJones may ask you to accept the terms of such changes to continue using the Site.
Refunds for purchases or recurring charges may be requested by contacting customer support. Refunds or credits will not be issued for partially used Memberships. The decision to refund a charge does not imply the obligation to issue additional future refunds. Should a refund be issued by badgirljones.com for any reason, it will be credited solely to the payment method used in the original transaction. badgirljones.com will not issue refunds by cash, check, or to another payment mechanism.
BadGirlJones will make every effort to make sure that photo and/or video Content is in working order before uploading and releasing Content on the Site for sale. In the event that a file is corrupt or defective, please contact customer support by emailing firstname.lastname@example.org. We will contact you within 24-48 hours with a resolution to your problem.
Billing issues do arise and we understand this, if you feel there has been a billing error, please do not hesitate to contact BadGirlJones customer support by emailing; email@example.com.
BadGirlJones accepts Visa and Mastercard for payment. BadGirlJones may obtain a pre-approval from the User�s credit card for an amount up to the total of the order. Billing to the User�s credit card happens at the time of purchase or shortly thereafter.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BadGirlJones, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. BadGirlJones MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE SITE. BadGirlJones DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR FEATURED IN ANY ADVERTISING, AND BadGirlJones WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL BadGirlJones, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BadGirlJones IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BadGirlJones SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Effective as of January 1, 2009 (the "Effective Date")
What kind of information does BadGirlJones collect?
We collect personal information that you provide to us such as your name, birth date, e-mail address, street address and telephone number. We generally collect this personal information on our registration and order forms when you sign up to receive products or services from BadGirlJones.
When you participate in Site contests and polls, you may be asked to provide your name, e-mail, username and password, telephone number and birth date. We may also collect information from our online surveys if you choose to participate, such as age, gender, education and income level.
If you choose to post messages, comments or other information in one of the public forums on the Site, information about you as you choose to disclose in your posting will become public information and archived on our servers.
If you send us personal correspondence, such as emails, we may collect such information into a file specific to you. We will maintain a record or notes of communications with you regarding your account.
How does BadGirlJones use your information?
BadGirlJones uses your information in order to process your credit card payments, to fulfill your orders and/or requests, to assist your viewing of BadGirlJones, to communicate with you, and to provide you with information about BadGirlJones, some of our partners and third party companies in which we feel you may be interested. We also use this information to compile broad demographic and Site usage information about our users in general that does not contain anything that could be used to identify you personally.
BadGirlJones uses your e-mail address to contact you when necessary and to send periodic e-mail newsletters and promotional e-mails to you about services and products offered by us as well as by third party companies in which we think you may be interested.
We use IP addresses and anonymous demographic information to tailor your experiences at BadGirlJones by showing content in which we think you will be interested and displaying content according to your preferences. Anonymous demographic information is shared with advertisers and market researchers on an aggregate basis.
We use information collected to evaluate and improve our services. We may develop and use, in our sole discretion, consumer research, which may be based on your use of our services.
Personal information collected on and/or through the Site is stored and processed in the United States and by using the Site; you consent to any such transfer of information outside of your country to the United States.
Does BadGirlJones share information with 3rd party sites?
In some cases, we will share information we collect (including personal information and/or anonymous demographic information) with third party companies who may offer products or services in which we believe you may be interested. We also share this information with third parties with whom we partner to co-promote and administer contests on BadGirlJones.
We may also share information we collect with third party service providers to manage certain aspects of the services we provide, such as maintaining our servers and processing or fulfilling orders for products and services you purchase through BadGirlJones.
We may also disclose your information in special cases if required to do so by law, court order or governmental authority or when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights or property of BadGirlJones, another user or anyone else that could be harmed by such activities.
In the event of a change in ownership or a merger with, acquisition by, or sale of assets to, another entity, we reserve the right to transfer all user information collected in connection with the Sites, including but not limited to email addresses, to a separate entity. BadGirlJones will notify you (via a posting on the Sites or the Policy or via email (in our discretion) of such a transfer, and you may choose to modify your registration information at that time. This means that if you are concerned about your personal data migrating to a new owner, you can cancel and deactivate your account by emailing: firstname.lastname@example.org
Yes. Cookies are pieces of information generated by web servers and stored on your computer for future access. The Sites use cookie technology to enhance your online experience by making it easier for you to navigate through our Sites or to make a feature work better. Generally, cookies can be disabled at your discretion. However, you must accept cookies in order to navigate the Site, register or purchase photo and/or video Content.
Do we use web beacons?
Yes. Some of our Sites may contain electronic images known as �web beacons� or single-pixel GIFs that allow us to count visitors to our Sites and deliver co-branded services. Web beacons collect limited, non-personal information including cookie number, time and date of a page view and a description of the page on which the web beacon resides.
How do Users unsubscribe from emails sent by BadGirlJones?
All e-mails you receive from us will include specific instructions on how to unsubscribe, and you may unsubscribe at any time. Additionally, we give you the following options for removing your information from our database:
(1) Send an email to email@example.com (please indicate that you would like to be unsubscribed from BadGirlJones emails);
(2) Select the opt-out link at the bottom of any BadGirlJones email and follow the instructions provided;
Please note, however, you cannot opt out of receiving emails from us regarding your account and/or the status of an order.
How do you update/correct your information?
You may correct or update the personal information you have provided to BadGirlJones by sending us an email at firstname.lastname@example.org.
Please note, however, that even if you update or remove your personal information from our live database, your data may be retained in our backup files and archives.
More Questions about your Privacy?
Please note that persons under the age of 18 are prohibited from viewing our Sites, and BadGirlJones does not knowingly collect any personal information from persons under the age of 18.
YOUR CALIFORNIA PRIVACY RIGHTS
California residents who have an established business relationship with BadGirlJones may choose to opt out of BadGirlJones disclosing personal information about them to third parties for marketing purposes.
From time to time, we may share your personal information with carefully screened companies that offer products or services that we believe you may enjoy. If you do not want us to share your personal information with such third parties, please send us your name, email address, street address and phone number to email@example.com.
Your opt out request will be processed within 30 days of the date it was received.
How secure is a User�s information?
No Absolute Safeguards. Although we will use reasonable efforts to safeguard the privacy of your information, transmissions on the Internet cannot be made absolutely secure. Accordingly, we assume no responsibility or liability for disclosure of any of your information due to errors in transmission, unauthorized third-party access or other causes beyond our reasonable control.
BadGirlJones takes reasonable precautions to maintain the security of any information obtained from and about you and to protect against the loss, misuse and alteration of information under our control. Our third party payment processors provide you with a secure web page through which to submit your billing information when you join the membership portion of any of our Sites, and we are not responsible for their handling or use of your information. The personally identifiable information held by BadGirlJones is stored in a secure location behind a firewall with limited administrative access.
In addition, your subscriber account is secured by a password created by you. Do not share your password with anyone. It is your responsibility to keep your password confidential, and BadGirlJones cannot be held liable for any loss or misuse of your password.
CUSTODIAN OF RECORDS
BadGirlJones.com - 18 U.S.C. Section 2257 Compliance
All models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such depictions.
All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.
With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created.
The owners and operators of this Website are not the primary producer (as that term is defined in 18 USC section 2257) of any of the visual content contained in the Website.
The Custodian of Records of BadGirlJones.com is:
Adanac Media Ltd.
Roseau Valley 00152
Commonwealth of Dominica