Terms and Conditions
By using the AmericanLowLife.com web site (“Site”), you agree to be bound by these Terms and Conditions (this “Agreement”), whether or not you register as a paying member (“Member”). This Agreement spells out the legally binding terms and conditions for your use of the Site and your membership on the Site may be modified by AmericanLowLife.com from time to time.
ELIGIBILITY, TERMS OF SERVICE, CONTENTS AND USER SUBMISSIONS
1.1 Eligibility. You must be eighteen or over to register as a Member
of or use this Site. Membership in the Site is void where prohibited.
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 will abide by all of the terms and conditions of this Agreement,
that you are at least 18-years old (21-years old in AL, MS, NE, WY, and
any other location where 18 is not the age of majority) and are interested
in and wish to have access to visual images, verbal and written descriptions
and audio sounds of a sexually oriented nature. The materials, which
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 18-years old (21-years old in AL, MS, NE,
WY, and any other location 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
A) That you are an adult, at least 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority).
B) That you will not permit any person(s) under 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) to have access to any of the materials contained within this Site.
C) 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 nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so because you want to view, read and/or hear the various materials which are available for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. 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. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
D) 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.
American LowLife, LLC (“A.L.L.”) owns and retains all proprietary rights to the Site and the service. The Site and Content is protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the content, software, materials or Site in whole or in part.
You may not download or copy the Content. Copying or storing of any Content is expressly prohibited without the prior written permission from A.L.L. or the copyright holder identified in the individual Content’s proprietary notices including copyright notice.
POSTED CONTENT IN PROFILES, FORUM AND CHAT DISCUSSIONS; DISPUTES
2.1 Reservation of Rights. A.L.L. reserves the right to delete any Content, profiles or messages that in its sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of A.L.L. and/or its Members. By posting Content to any public area the Site, you automatically grant, and you represent and warrant that you have the right to grant, to A.L.L., an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing.
2.2 Posted Content. You are solely responsible for the content that you publish or display on the Site, or transmit to other Members. Illegal or prohibited Content will not be tolerated. A.L.L. will investigate and take appropriate action against anyone who violates this provision. The following is a partial list of the kind of Content that is illegal or prohibited on the Site: patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information known to be false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 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 music or links to pirated music files; 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 under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending unauthorized advertisements to other members in any form; and engages in commercial activities and/or sales without A.L.L.’s prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. While the management does not and cannot review every message posted by Members in the Forum or in the profiles and is not responsible for any content of these messages, the management reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law) or this Agreement, or are abusive, defamatory, obscene, or otherwise unacceptable.
2.3 Manner of use. You must use the Site in a manner consistent with
any and all applicable laws and regulations and shall not upload, distribute,
or otherwise publish through the Site, any Content which is libelous,
defamatory, obscene, profane, abusive or otherwise violates any law.
You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy the Site’s web pages or the
content contained herein without A.L.L.’s prior express written
consent. You agree that you will not use any device, software or routine
to bypass or to interfere or attempt to interfere with the proper working
of the Site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our infrastructure.
You may not engage in advertising to, or solicitation of, other members
to buy or sell any products or services through the service except with
A.L.L.’s prior express written consent.
You may not copy and paste into the Forum any email(s) sent to you, whether it be outside email(s) or email(s) sent within the Site, without first obtaining the expressed or written approval from the party who originally sent such email(s).
The Site welcomes input from its Members. However, by submitting an idea, suggestion, or recommendation, you waive all right to the idea as intellectual property, and consent to A.L.L. utilizing that idea, suggestion, or recommendation without attribution or compensation.
2.4 Member Disputes. A.L.L. does not control the information provided by other Members that are made available through the Site. You may find other Members’ information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using the Site. You are solely responsible for your interactions with other Members. Because it is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed, or used information on the Site, you release A.L.L., including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." A.L.L. reserves the right, but has no obligation, to monitor disputes between you and other member.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
3.1 The Site contains links to other World Wide Web internet sites, resources, sponsors, advertisers and marketing partners. Transactions that occur between the Member and third party links are strictly between the Member and the third party and are not the responsibility of A.L.L. A.L.L. is not responsible for the availability of these outside resources or their contents. You should direct any concerns regarding any external link to its site administrator (“LowLifeAdmin”).
While A.L.L. makes every effort to ensure third party links of sponsors,
advertisers and marketing partners are correct and their business dealings
are proper and legitimate, A.L.L. cannot be held liable for any transaction
which takes place between Members and third party entities having links
on AmericanLowLife.com or any of its affiliates.
REPRESENTATIONS AND WARRANTIES
4.1 You represent, warrant and covenant that no materials of any kind
submitted by you or use thereof, in accordance with the terms and conditions
of this Agreement, will: (i) violate, plagiarize, or infringe upon the
rights of any third party, including copyright, trademark, privacy or
publicity, moral rights, contract or other personal or proprietary right;
(ii) contain libelous or otherwise unlawful material; (iii) constitute
false or misleading indications of origin or statements of facts; (iv)
slander, libel or defame any person or entity;
4.2 A.L.L. neither represents nor endorses the accuracy or reliability of any advice, opinion, statement, or other information, displayed, uploaded, or distributed through the Site by the Members, information provider or any other person or entity.
THE SITE, AND ANY MATERIALS PROVIDED BY A.L.L. OR THIRD PARTIES, ARE
PROVIDED “AS IS.” A.L.L. MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,
TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR
REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM, INCLUDING
BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED
THROUGH THE SITE. A.L.L. SHALL NOT BE RESPONSIBLE TO THE USER OR ANY
THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE
OR EXEMPLARY DAMAGE, INCLUDING LOSS OF PROFITS, OR OTHER LOSS INCURRED
IN CONNECTION WITH THE USE OF THE SITE, THE ACCESS SOFTWARE OR ANY OF
THE MATERIALS PROVIDED BY A.L.L. OR THIRD PARTIES THROUGH THE SITE, OR
ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS,
DELAYS IN PERFORMANCE OF THE SITE OR THE ACCESS SOFTWARE, REGARDLESS
OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF A.L.L.
HAS ADVERTISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NOTWITHSTANDING
THE ANYTHING HEREIN TO THE CONTRARY, A.L.L.’S LIABILITY TO YOU
FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO A.L.L. FOR THE USE
OF THE SITE DURING THE TERM OF YOUR MEMBERSHIP.
SOFTWARE LICENSES; EXPORT CONTROL
5.1 You shall have no rights to the proprietary software and related
documentation enhancements, or modifications thereto, provided to you
to access the Site (Access Software). You may not sublicense, assign
or transfer any licenses granted by A.L.L., and any attempt at such sublicense,
assignment, or transfer is void. You may not copy, distribute, modify,
reverse engineer, or create derivative works from access software.
6.1 A.L.L. may, in its sole discretion, terminate or suspend Member’s access to all or any part of the Site for any reason, including, but not limited to, breach of this Agreement. Termination or suspension does not entitle the Member to a refund of subscription monies paid, if any. Termination or suspension will result in the forfeiture of all subscription monies paid, if any.
6.2 You acknowledge that Site administrators have the right to terminate use without notice for any Member who restricts, inhibits or disrupts access to the Site or attempts to alter or improperly access any feature or function of the site. Your access may also be subject to termination if you post or transmit any illegal content, or harass or threaten any Member or employee, post content (including the creation of usernames) that is offensive or otherwise disruptive; create multiple accounts, or accounts with false and misleading information; post unsolicited advertising; impersonate an employee or other individual; or for any other reason that A.L.L., in its sole discretion, determines is not in the best interest of, or threatens the safety or privacy of, the Members.
GUIDELINES FOR USE
7.1 The primary purpose of this Site is to enable Members with similar interests to chat with each other, exchange stories or pictures, and even to meet each other in person. In this regard, this website is much like a national “Personals” website, and the same care that one would exercise when giving information to strangers, or setting up meetings with strangers, must be used here. A.L.L. will never give information about one Member to another Member. Further, you are cautioned that giving any information to another Member on this website carries with it significant risks. If you give any information to anyone, you are taking a significant risk. These risks are greatly increased if you plan to meet other Members face-to-face. A.L.L. waives all liability for any damages you may suffer as a result of meeting a Member from the Site. Please use caution and common-sense when using this service.
7.2 AmericanLowLife.com has a feature which allows certain members to “Certify
Real”. This certification indicates that the Member in question
is who they say they are — a man, a woman, or a couple. Members
are awarded a Certify Real designation only upon either of the following:
(1) submitting to management evidence sufficient to prove to management
that they are who they declare themselves to be in their profile. Management
has the sole discretion to determine what constitutes sufficient evidence;
or (2) meeting in person a Member who has already been awarded the Real
designation and having that Member certify that they are who they portray
themselves in their profile. Notwithstanding the foregoing, the Certified
Real designation isn’t guaranteed. Therefore, use caution even
when a Member has been Certified Real. Furthermore, the Real designation
only affirms that the Member is a member of the demographic group they
claim to belong to (male, female, or couple). The Real designation does
not indicate that this Member is safe to contact, meet, or give information
to. Use the same caution when dealing with a Certified Real Member that
you would use when dealing with any other Member.
8.1 A.L.L. takes every precaution to protect your privacy. All parts of the site that involve Member revelation of personal information is done under a secure server (“https”) meaning all data exchanged is encrypted. Member passwords are also encrypted and are unobtainable to A.L.L. personnel. When services are offered on AmericanLowLife.com requiring a credit card or other payment methods, account information shall also be encrypted and stored in a secure server separate from the Site server. Only authorized A.L.L. employees have access to your username and credit card information, and A.L.L. has strict rules for its employees who have access either to the databases that store user information or to the servers that host our services. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every effort to prevent such unfortunate occurrences. A.L.L. will not give information of any kind about a Member to anyone. Members should take care to protect their username and password. Exit from your web browser after every use. Chose a username and password that only you know or can guess.
A.L.L. acquires information about our Members through your direct input and also through your progression through the site. We use this information to provide a customized service to our Members based on their preferences and interests. While we may share general and non-specific member data with advertisers, potential advertisers, sponsors, media entities, and marketing partners, we will not sell or make available vital and personal member-specific information to outside entities unless required to do so by a valid legal demand.
In the event AmericanLowlife is ever sold or acquired by another party, we reserve the right to transfer our accumulated member data to the acquiring party and will instruct that they notify site members of any proposed changes via e-mail.
While AmericanLowLife goes to great lengths to secure data our members impart to us, we cannot guarantee that private information will not be intercepted or otherwise illegally obtained from us. We also do warrant or make representations on how 3rd party vendors, advertisers, and marketing partners found on the site will use information you give to them as their handling of private data will vary depending on their own policies.
9.1 You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide A.L.L. with the following information consistent with the Digital Millennium Copyright Act (DMCA): 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; a description of where the material that you claim is infringing is located on our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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. A.L.L.’s agent for notice of claims of copyright infringement can be reached at the address below. It is the intention of A.L.L. to fully comply with the DMCA, including the notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the notice and "take down" requirements above deviate from the requirements under the DMCA then the notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
10.1 This Agreement has been made in and shall be construed and enforced
in accordance with Nevada law. Any action to enforce this agreement shall
be brought in the federal or state court located in Nevada.
10.4 Official Correspondence regarding this Agreement must be sent via e-mail to LowLifeAdmin@AmericanLowLife.com