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Terms and Conditions of Service

Last Updated: 6 July, 2015

Terms and Conditions of Service

These Terms and Conditions of Service (“Terms”) govern your access to and use of any of our websites, applications, notification services, buttons, widgets, ads, and APIs (collectively “OurCabana Services” or “Services”), and any information, text, ratings, graphics, photos, video, audio, animations, music, soundtracks, messages, live video transmissions or other materials or communications uploaded, downloaded or displayed on the Services (collectively, “Content”). Your access to and use of the Services and the Content are conditioned on your acceptance of and compliance with these Terms, which are subject to change at any time in our discretion. By accessing or using the Services or the Content, you agree to be bound by these Terms, including the Community Standards and the Privacy Policy, which are incorporated herein and constitute a part of these Terms. If you do not agree to be bound by these Terms, you may not access or use the Services or the Content.

You are responsible for your use of the OurCabana Services, for any Content you access, submit, post or display on the Services, and for any consequences thereof.

Age of Majority

You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you are not authorized to access the Services or the Content, and you must exit immediately.

Adult Content

The Services include Content that is “adult” in nature and that contains graphic depictions of sex acts, nudity, adult language, and descriptions of sexual activity. You acknowledge that you are aware of the sexual nature of the Content published on the Services, that you are not offended by such Content and that you access the Services and the Content freely, voluntarily and willingly.

No Child Pornography

You acknowledge that, with respect to all Content published on the Services by us, all persons appearing in the Content were at least 18 years of age at the time the Content was made. The Law strictly forbids anyone from making, possessing or distributing child pornography. If you find any Content, real or simulated, which you believe may depict minors engaged in sexual activity published on the Services, please report such Content to us immediately by e-mail at: violations@ourcabana.com. Include with your report any appropriate evidence, including the date and time. We thoroughly investigate all reports of potentially illegal Content on a priority basis and in full cooperation with law-enforcement.

If you find content published anywhere on the Internet which you suspect may depict unlawful activities involving minors, please report this to The Association of Sites Advocating Child Protection (ASCAP) via their website at: http://www.asacp.org/.

Protected Speech

You acknowledge that the Services include only Content which is protected by the First Amendment to the United States Constitution. If you are seeking to access or to disseminate obscenity or child pornography, you are not authorized to access the Services or the Content and you must exit immediately.

User Privacy

We recognize that the OurCabana Services and the Content you access, submit, post and display thereon are intimate and personal in nature. We’ve invested substantial effort and resources in building a platform which provides you with a high degree of control over what you experience while using the Services, including the extent, if any, to which your Profile is searchable by other users, and which other users, if any, can access any Content you may submit, post or display on the Services.

Content you post to the Watch, Learn and Shop Sections of OurCabana, such as ratings and comments posted to movie or product pages, are public and are able to be viewed by other users. Only the Screen Name you selected when you registered as a Member identifies you as the author of such content, which may be indexed in search engines and visible to others outside the Services.

Access to Content you post within the Connect Section of OurCabana is controlled by the Privacy Settings of your Individual Profile and, if applicable, the Privacy Settings of the Couple’s Profile that you share with your Partner. Regardless of Privacy Settings, your Profile(s) and any Content you access, submit, post or display within the Connect Section are not visible to others outside the Services and are not indexed or followed by search engines on the Internet.

Our Privacy Policy provides more information about managing your privacy while using the Services.

You should post only Content that you are comfortable sharing with others under these Terms.

Advertisements

The Services may include advertisements, and you agree that OurCabana and its third-party advertisers and partners may place such advertising on the Services or in connection with the display of any Content, whether published by us, by third parties or by you.

Trademarks

The Uniform Resource Locators (URLs) of the Services and the OurCabana name and logo are trademarks in the United States. All rights are reserved. Other manufacturers’ product and service names referenced on the Services may be trademarks and service marks of their respective owners and are the exclusive property of such respective owners. Those marks may not be used publicly except with express written permission from the trademark owners, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits the OurCabana Services.

Copyright

The Content published on the Services is proprietary information and valuable intellectual property of OurCabana or the party that provided the Content to us. We or the party that provided the Content to us retain all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent, except as provided herein and solely for your personal, non-commercial use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice, watermark or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms violates our intellectual property rights. Neither title nor intellectual property rights are transferred to you. The Services and the Content, including back-end software and data compilations, are the property of OurCabana or its content suppliers and are protected by United States and International copyright laws, as well as other laws and regulations.

Access to the Services and the Content

Some of the Services and Content can be accessed at no cost and without registering as a Member. To access other Services or Content, you may be required to create a free member account and provide certain information. It is a condition of your use of the Services and the Content that all information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we may suspend or terminate your access to the Services and the Content at any time. Access to certain Services and Content requires both registration as a Member and payment of fees (“Premium Services” and “Premium Content”).

Subject to these Terms, and provided that you have paid the fees required to access any of the Premium Services or Premium Content you wish to use, we hereby grant you a limited, personal, non-exclusive, non-assignable License to use the Services and the Content. You may cache any free Content and any Premium Content for which you have paid the required fees on a single device for your personal, non-commercial use only. The Services and the Content are for private use only, and all other uses are strictly prohibited. You agree to prevent any unauthorized access to or use of the Services or the Content. Any unauthorized access to or use of the Services or the Content terminates this License, effective immediately. This License is not a transfer of title. Violators of this limited License may be prosecuted to the fullest extent under law.

Restrictions on Use

You may use the Services and the Content for purposes expressly permitted by these Terms. You may not use the Services or the Content for any other purpose, including any commercial purpose, without our express prior written consent. Without such authorization, you may not: (a) duplicate any of the Services or any of the Content (except as expressly provided herein); (b) create derivative works based on any of the Services or any of the Content; (c) use any of the Services or any of the Content for any commercial purpose, or for any public display, public performance, sale or rental; (d) distribute any of the Services or any of the Content; (e) remove any copyright or other proprietary notices from any of the Services or any of the Content; (f) frame or utilize any framing techniques in connection with any of the Services or any of the Content; (g) use any meta-tags or any other “hidden text” using our proprietary names or marks; (h) “deep-link” to any of the Services or any of the Content (including the homepage) without our prior written consent; (i) circumvent any encryption or other security tools used anywhere on the Services (including the theft of user names and passwords or using another person’s user name and password to gain access to any restricted area of the Services); (j) use any data mining, robots or similar data gathering and extraction tools on any of the Services or any of the Content; (k) decompile, reverse engineer, modify, disassemble or otherwise determine or attempt to determine or have or attempt to obtain access to, the source code or internal design of any of the Services or any of the Content, except and only to the extent permitted by applicable law; or (l) sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party any of the Services or any of the Content, or any of your rights to access and use the Services or the Content as granted herein. You agree to cooperate with us in causing any unauthorized use to cease immediately.

User Generated Content and Communications

The Services include the ability for you to communicate and share Content with other users. You hereby agree not to submit, post or display any defamatory, offensive or illegal Content, including private communications between you and other Member(s), on the Services. You are solely responsible for any Content you submit, post or display on the Services that violates any United States or International laws, even if a claim arises after your use of the Services has terminated, and, by doing so, your actions shall constitute a material breach of these Terms and all rights granted to you hereunder shall be terminated. You hereby acknowledge and agree that any Content you submit, post or display on the Services, may be accessible to other users, to us and to our employees and agents, regardless of whether they are the intended recipients of such Content.

You further agree to act in accordance with all of the following policies, in connection with any Content, including private communications between you and other Member(s), you submit, post or display on the Services: (a) with respect to any text, audio, image, video, animation or other representation (“Depiction”), every person depicted therein must have consented to being depicted and to the publication of any such Depiction according to the laws of the jurisdiction in which the Depiction was made; (b) with respect to any Depiction of any person(s), each person depicted must have been at least 18 years of age at the time the depiction was made; (c) Content may not include, in our sole judgement, any of the following: (i) any violation of the privacy of any person or organization, including disclosure of any information not readily publicly available about any person or organization; (ii) any unpermitted use of any copyright, trademark, trade secret, patent or other intellectual property of any person or organization; (iii) anything that is defamatory or, if untrue, would be defamatory; (iv) anything that is derogatory or expresses superiority with respect to any person, group of persons or organization based upon race, ethnicity, national origin, religious affiliation or beliefs, age, gender or gender identity, sexual orientation, sexual tastes or preferences, sexual history, physical or mental ableness, or disease; (v) anything that expressly or implicitly proposes a commercial transaction or that promotes any product or service; (vi) anything that violates the laws of the United States or any state or political subdivision of any state; (vii) anything that expressly or implicitly proposes an illegal transaction; (viii) anything that is abusive, vulgar, slanderous, hateful, threatening or may be construed as hurtful or harmful to others; (ix) anything that appears to threaten harm of any kind, whether physical, emotional, financial or otherwise, to others, or to organize acts of real-world violence, or to take credit for or celebrate past harms of any kind; (x) anything that is bullying or harassing; (xi) any impersonation of any actual person other than yourself, or any representation that the Content emanates from any organization on behalf of which you are not expressly authorized to communicate; (xii) any link to any website in violation of the terms of service of that site; (xiii) any link to any website that contains Content that, if directly submitted, posted or displayed on the Services would violate these Terms; (xiv) any phishing or spam, including but not limited to violating 15 U.S.C. § 7701, et seq., (xv) any spider, virus, worm, Trojan Horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble any software is prohibited, as is anything that is calculated to harvest information or engage in data mining or promote any virus including denial of service (DOS) or distributed denial of service (DDoS) attacks; (xvi) anything which may intercept, modify or otherwise interfere with any Content not intended for you.

Please report any suspected violation of these policies regarding user generated content to us by e-mail at: violations@ourcabana.com.

TO THE EXTENT THAT ANY CONTENT SUBMITTED, POSTED OR DISPLAYED ON THE SERVICES BY YOU VIOLATES ANY LAW, IT WILL BE REPORTED TO THE APPROPRIATE LAW ENFORCEMENT AGENCY OR AGENCIES.

You hereby grant us a perpetual, irrevocable, royalty-free, transferable right and License to use, modify, reproduce, transmit, publish, display, delete, and distribute any Content you submit, post or display on the Services, including your Screen Name, throughout the world in any media.

Child Pornography Submitted by Users

Federal law and the law of materially every state and other jurisdiction strictly prohibit making, possessing or distributing any visual depiction of a minor engaged in sexually explicit conduct.

Specifically, 18 U.S.C. § 2256(1) defines a “minor” as “any person under the age of eighteen years.”

Further, 18 U.S.C. § 2256(1) defines “sexually explicit conduct” as “actual or simulated (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (ii) bestiality; (iii) masturbation; (iv) sadistic or masochistic abuse; or (v) lascivious exhibition of the genitals or pubic area of any person.”

Making, possessing or distributing any visual depiction of a minor engaged in sexually explicit conduct constitutes a felony under the laws of the United States, and each case is punishable by minimum, mandatory prison sentences, without possibility of probation or parole, ranging from 5 to 20 years in prison, depending upon the activity and other factors.

We will report violations of child pornography laws. If we have reason to believe that any Content submitted, posted or displayed on the Services contains child pornography, such Content will be reported to the Federal Bureau of Investigation, and we will cooperate fully in the investigation and prosecution of anyone suspected of or found to be in violation of any child pornography laws, including but not limited to those enumerated herein.

If you find any Content, real or simulated, which you believe may depict minors engaged in sexual activity published on the Services, please report such Content to us immediately by e-mail at: violations@ourcabana.com. Include with your report any appropriate evidence, including the date and time. We thoroughly investigate all reports of potentially illegal Content on a priority basis and in full cooperation with law-enforcement.

If you find content published anywhere on the Internet which you suspect may depict unlawful activities involving minors, please report this to The Association of Sites Advocating Child Protection (ASCAP) via their website at: http://www.asacp.org/.

Free Services and Content for Which Registration Is Not Required

Some of the Services and Content can be accessed by anyone who has attained the age of majority, free of charge and without registration, including (a) all Content published on the OurCabana home page; (b) all Content published on the Watch, Connect, Learn and Shop Section home pages; (c) all Content accessed via the header and footer, which are displayed everywhere on the Services; (d) all of the Services and most of the Content published in the Learn Section, including all of the “Sexpert,” “Events” and “Forums” Content, and most of the “Library” Content; (e) Preview Content in the Watch Section, such as preview images, trailers, descriptions of movies and photo sets, user ratings and reviews, tags, model details and studio details; and (f) all Services and Content published in the Shop Section, except for the ability to post product ratings and reviews, and access order history details, both of which are free but require registration. Registration is recommended but not required to place an order in the Shop Section.

Services and Content Requiring Free Registration

Free registration is required in order to access certain Services and Content, including (a) all Services and Content in the Connect Section; (b) the ability to purchase tokens and redeem them for access to Content in the Watch Section; (c) automatic retention of your order history details in the Shop Section, and the ability to access this information; and (d) the ability to post ratings and comments anywhere on the Services.

Premium Services and Content

Free registration and payment of certain fees are required to access Premium Services and Premium Content, including (a) access to all Content in the Watch Section, except for preview Content; (b) Premium Membership in the Connect Section, which includes Video Calls, unlimited Instant Messaging, unlimited Mailbox Messages, and increased storage capacity for user generated Content.

Registration

You may become a Member of the Services (“Member”) by completing an online registration form. By completing the online registration form, you (or you and your Partner, if applicable) agree: (a) to provide true, accurate, current and complete information about yourself, as indicated on the registration form (“Registration Data”), and (b) to update the Registration Data promptly to keep it true, accurate, current and complete at all times while you are a Member. If any of the Registration Data associated with your account is untrue, inaccurate, not current or incomplete, we may suspend or terminate your access to the Services and the Content.

When you register anywhere on the Services, a Profile is automatically created for you in the Connect Section. If you do not wish to use your Profile to meet and communicate with other users, you can make your Profile unsearchable. While logged in, click “Connect” to navigate to your Profile. Then click “Edit Profile.” On the “Privacy” tab, select “No One” from the drop-down menu, then click “Save.”

Account Security

As part of the registration process, you will be asked to specify a unique e-mail address and password (“Login Credentials”), which you must provide each time you wish to access any non-public Services or Content. If you register as a couple, each Partner must specify his or her own unique Login Credentials. You represent and warrant that you will not disclose your Login Credentials to any other person, including your Partner, if applicable, and that you will not provide access to any of the Services or any of the Content to anyone who has not reached the age of majority in your jurisdiction. You are solely responsible for maintaining the confidentiality of your Login Credentials and for all usage of the Services and Content accessed with your Login Credentials. For your safety and security, we will not release your password to anyone. You agree (a) to notify us immediately of any unauthorized use of your Login Credentials or any other breach of security, and (b) to log out of your account whenever you are not using the Services. You are liable for any unauthorized use of the Services or the Content until you notify us of such unauthorized use. Unauthorized access to the Services or the Content is illegal and a breach of these Terms.

Payment of Fees and Charges

Payment is required to access certain Services and Content, including (a) purchasing Tokens which may be redeemed to access Premium Content in the Watch Section; (b) upgrading to Premium Membership in the Connect Section; and (c) purchasing merchandise in the Shop Section.

Although users may access most of the Content published in the Learn Section free of charge, certain educational Content indexed in the Learn Section has been licensed from third parties to whom we are obligated to pay royalties when such Content is accessed by users. Each item of licensed Content in the Learn Section is designated as a “Premium Resource.” To access Premium Resources indexed in the Learn Section, you must first purchase tokens in the Watch Section.

You agree to pay all fees at the time of purchase, according to the billing terms. If you have authorized (optional) Monthly Recurring Charges (MRCs) in connection with Premium Membership in the Connect Section, you agree to pay all such MRCs when due.

The current fees associated with Premium Services and Premium Content, and the current price of each item of merchandise available for sale in the Shop Section, are prominently displayed on the Services, where appropriate. We reserve the right to change such fees and prices at any time, with or without prior notice to you.

At the time of payment, you must select a payment method. We reserve the right to contract with a third party to process any payments. Such third party may impose additional terms and conditions governing payment processing.

Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is lower, compounded monthly, plus any additional collection costs, credits, charge backs and attorney’s fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder.

You are responsible for reimbursing us for all credit and debit card charge backs, dishonored checks and any related charges.

You authorize us and our agents to make payments for Premium Services and Premium Content provided to you, as well as merchandise you purchase, by automatic check, debit and credit card on your behalf. You hereby agree not to falsely report a debit or credit card as lost or stolen, in order to avoid payment for any purchase of Premium Services, Premium Content or merchandise made by you or anyone under your authority. Such fraudulent reporting to avoid payment of outstanding charges shall make you liable to us for liquidated damages in the amount of $5,000. This liability for liquidated damages is in addition to any other liability you may incur for any other breaches of these Terms.

Refunds (Watch and Connect Sections only)

Refunds of payments for Token purchases in the Watch Section and Premium Membership fees in the Connect Section are rare. We employ extensive credit card fraud protection measures, and the Services include many features to protect users from accidental charges.

If, for any reason, you are not satisfied with your experience with the Services or the Content, please contact us by e-mail at: support@ourcabana.com. We are committed to your satisfaction and will work with you to try to resolve the issue(s) and improve your experience.

Billing Errors

If you believe that you have been erroneously billed, please notify us immediately of such error by e-mail at: support@ourcabana.com. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such charges will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer.

Cancellation of Monthly Recurring Charges (Connect Section Only)

You may cancel the Monthly Recurring Charges associated with your Premium Membership at any time. Click “My Account,” then “Cancel Premium Membership.”

The Premium Services will be disabled on the last day of the current billing cycle. Your Individual Profile and, if applicable, the Couple’s Profile that you share will your Partner will remain active and accessible, but without the Premium Services.

Token Expiration (Watch Section only)

In order to comply with policies established by our payment processing partners, Tokens purchased in the Watch Section are set to expire 90 days after the date of purchase. However, as a courtesy to you, at your request, we may extend the redemption period of any unused tokens for up to a full year after the original date of purchase at no cost, in our discretion. To request additional time to redeem unused tokens, please contact us by e-mail at: support@ourcabana.com.

30-Day Satisfaction Guarantee (Shop Section only)

We are one of the few adult retailers to offer a full Satisfaction Guarantee. In the event that you are not satisfied with any merchandise you receive from us, you may return such merchandise to OurCabana Returns, 2325 W. Midway Boulevard, Broomfield, CO 80020, within 30 days and we will attempt to remedy the situation in any of the following ways, in your discretion: (a) replace the returned item with the same new item; (b) exchange the returned item for a different size, color, flavor, variety, etc. of the same item; or (c) issue a full refund, including the cost of outbound shipping, to your original form of payment.

Merchandise (Shop Section Only)

We strive for accuracy. However, we do not warrant that product descriptions or other Content is accurate, complete, reliable, current, or free from errors. Prices and promotions are subject to change. We cannot confirm the availability or price of an item until you place your order. An item displayed on the Services may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or contact you for further instructions.

Payment is processed at the time you place your order.

Our order confirmation to you does not constitute confirmation of our offer to sell. At any time after receiving your order, we may accept, decline, or place quantity or other limits on your order for any reason. If we decline, limit, or otherwise modify your order, we will attempt to notify you using the e-mail address you provide to us. If we cancel an order or part of an order, we will issue a refund for the full amount of the canceled portion of the order.

Shipping costs are calculated at the time your place your order, based on dimensional weight, and included in your payment amount. Depending upon the delivery time you selected, your order may be shipped by FedEx, United Parcel Service or the US Postal Service.

Shared Couple’s Profiles

The Services include the ability for two people in a relationship (individually, each a “Partner” and collectively, “Partners”) to create a shared Couple’s Profile, to which both Partners have equal access via separate Login Credentials.

By creating a shared Couple’s Profile with your Partner, you acknowledge and agree that, at any time, with or without the knowledge or consent of the other Partner, and acting on behalf of both Partners using your shared online identity, either you or your Partner may, (a) edit the profile details displayed in your Couple’s Profile, including the nature of your relationship with each other, your values with respect to monogamy, your reasons for becoming Members, your location, and other information; (b) invite other individuals and couples to become friends with your Couple’s Profile, respond to friend requests from other individuals and couples, and cancel existing friend relationships; (c) block and unblock other individuals and couples from accessing your Couple’s Profile; (d) post and delete messages and photos to the Cabana Journal in your Couple’s Profile; (e) post and delete photos to the Photo Album in your Couple’s Profile; (f) post and delete adult photos and adult videos to the Private Locker in your Couple’s Profile; (g) grant and cancel access to the Private Locker in your Couple’s Profile to and by other individuals and couples; (h) send, read and delete Mailbox Messages and Instant Messages to and from other individuals and couples; (i) initiate and receive private Video Calls with and from other individuals and couples; (j) post and delete comments on the Cabana Guestbook of other individuals and couples; (k) post and delete ratings and comments on movie pages and photo set pages in the Watch Section; (l) post and delete ratings and comments on product pages in the Shop Section; (m) submit questions to the “Sexpert” panel in the Learn Section; (n) post and delete comments on Content pages in the Learn Section, including Sexpert Q&As, articles, videos, audio files, books, Premium Resources, Events and Forums; (o) start a new discussion in the Forums area of the Learn Section; (p) change the online status displayed to other users who have access to your Couples profile; (q) change the Privacy Settings and Notification Preferences associated with your Couple’s Profile; (r) suspend or permanently delete your Couple’s Profile; (s) execute any other functions we may add to the Services.

You hereby agree that you are responsible for any Content accessed, submitted, posted or displayed on the OurCabana Services, by you or your Partner, and for any consequences thereof. You further agree that you will review the Content displayed in your Couple’s Profile on a regular and frequent basis, to ensure that you are aware of all Content displayed thereon, including any Content which may have been posted by your Partner without your knowledge or consent.

Without your Login Credentials, the security of which is your sole responsibility, your Partner cannot access or use your bank account, credit or debit card or other forms of payment which may be stored on systems operated by third-party payment processors, to purchase Premium Services, Premium Content or merchandise, nor can your Partner redeem any tokens you may have purchased to access Content in the Watch Section.

Suspend, Reactivate or Delete Your Individual Profile

You may suspend your Individual Profile (i.e. make it invisible to other users) and subsequently reactivate it at any time. While logged in, click “Connect” to navigate to your Profile. Then click “Edit Profile” and follow the instructions on the Suspend/Reactivate tab.

If you are a Premium Member and you suspend your Individual Profile, your Monthly Recurring Charges for Premium Membership will continue until cancelled by you. The Services are designed this way because two Members who register as a couple have three interrelated Profiles between them—His, Hers and Our—and a single Monthly Recurring Charge pays for Premium Membership for all three of their Profiles.

You may cancel the Monthly Recurring Charges associated with your Premium Membership at any time. Click “My Account,” then “Cancel Premium Membership.”

If you would like us to delete your Individual Profile, please notify us by e-mail at: support@ourcabana.com. We will promptly delete your Profile, along with any and all Content you have submitted, posted or displayed thereon, and notify you when this has been completed.

If you have a Couple’s Profile that you share with your Partner, you must first delete your shared Couple’s Profile (see below) before we can delete your Individual Profile.

If you wish to continue using your shared Couple’s Profile, but not your Individual Profile, you can make your Individual Profile unsearchable. While logged in with “My Profile” selected, click “Connect” to navigate to your Profile. Then click “Edit Profile.” On the “Privacy” tab, select “No One” from the drop-down menu, then click “Save.” We recommend that you also delete any Content you may have posted to your Individual Profile and cancel all of your friend relationships.

Suspend, Reactivate or Delete Your Shared Couple’s Profile

At any time, either you or your Partner may unilaterally suspend your shared Couple’s Profile (i.e. make it invisible to other users AND inaccessible to both you and your Partner) or PERMANENTLY delete it. While logged in, click “Connect” to navigate to your INDIVIDUAL Profile. Change “My Profile” to “Our Profile,” then click “Edit Profile” and follow the instructions on the Suspend/Delete tab.

You and your Partner must mutually consent to reactivate your suspended Couple’s Profile. To initiate reactivation of your suspended Couple’s Profile, click “What are my options?” under your Individual Profile Photo.

Bandwidth Limit

You may utilize up to 500MB of bandwidth each day, in connection with your use of the Services and the Content. Upon reaching this limit, we may suspend your access to the Services and the Content until the beginning of the next day.

Termination by Us

We may terminate your access to the Services and the Content at any time, with or without advance notice, if: (a) we believe that you have breached any material provision of these Terms, (b) you fail to pay any amount due by the payment due date; or (c) we cease operations or otherwise discontinue any of the Services or Content. Further, you agree that neither we nor any third party acting on our behalf shall be liable to you for any termination of your access to the Services or the Content. You agree that if we terminate your access to the Services and the Content, you will not attempt to re-register without our prior written consent.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE CONTENT IS AT YOUR OWN AND SOLE RISK. THE SERVICES AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES OR THE CONTENT. YOU ALSO UNDERSTAND AND AGREE THAT ANY FILES OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES OR THE CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR SOFTWARE OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH FILES OR DATA. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOAD FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WE DO NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTION ENTERED INTO THROUGH THE SERVICES AND WE ARE NOT RESPONSIBLE FOR ANY USE OF CONFIDENTIAL OR PRIVATE INFORMATION BY SELLERS OR THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE (OR OUR LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, OR ANY OTHER USER OR SUPPLIER) BE LIABLE TO YOU, OR TO ANY OTHER THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, OR GOODWILL, WHICH MAY ARISE FROM ANY PERSON’S USE, MISUSE, OR INABILITY TO USE ANY OF THE SERVICES OR ANY OF THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE PROBABILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ANY MATTER ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM TOTAL AGGREGRATE LIABILITY HEREUNDER FOR DIRECT DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF THE SERVICES AND THE CONTENT FOR A PERIOD OF NO MORE THAN ONE (1) MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OR CAUSES OF ACTION. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold us harmless, along with our officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your (including you acting under another person’s authority, including without limitation any governmental agencies, and including anyone under your authority), use, misuse, or inability to use the Services or the Content, or your breach of any of these Terms. We shall promptly notify you by e-mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We may participate in the defense of such claim or defense at our own expense, and choose our own legal counsel, but we are not obligated to do so.

Links to External Resources

Some websites, applications and resources which are linked to the Services are owned and operated by third parties (“External Resources”). Because we have no control over such External Resources, you acknowledge and agree that we are not responsible for the availability of such External Resources, and that we do not screen or endorse them, and that we are not responsible or liable for any content, advertising, services, products, or other materials or data on or available from such External Resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through any such External Resource. If you decide to access any such External Resources, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted thereon.

Notice of Claimed Infringement

We respect the intellectual property of others, and we ask for the same respect from you. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send a “Notice of Claimed Infringement” by e-mail to our Copyright Agent at legal@ourcabana.com, and include the following information: (a) a description of the copyrighted work or other intellectual property that you, as the “Notifying Party,” claim is being infringed; (b) the URL where the material that you claim is infringing is located on the Services; (c) your name, address, telephone number, and e-mail address; (d) a 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; (e) a statement by you, made under penalty of perjury, that all of the information in your Notice is accurate and that you are or are authorized to act on behalf of the owner of the copyright or other intellectual property interest; (f) your physical or electronic signature. You may, but are not required to, send a physical copy of your Notice to:

Law Offices of Clyde DeWitt
Attn: OurCabana Infringement Claims
2300 W. Sahara Avenue, Suite 2300
Las Vegas, NV 89102
United States

Please do not send other inquires or information to this address.

Notice-and-Takedown Procedures

We reserve the right at any time to implement a “Notice-and-Takedown” procedure upon receipt of any Notification of Claimed Infringement. We reserve the right at any time to disable access to, or remove any Content accessible on the Services claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.

Our DMCA Policy provides more information about our procedures for compliance with the Digital Millennium Copyright Act.

Export Control

You understand and acknowledge that the software elements of the Services and the Content may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Services or Content contrary to United States law is prohibited. You will not assist or participate in any such diversion or other violation of applicable United States laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable United States laws and regulations and that you will abide by such laws and regulations. You agree that none of the Services and none of the Content are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

Force Majeure

We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or Content; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of any computer, server, device or software, for as long as such event continues to delay our performance.

General Provisions

Governing Law. These Terms and all matters arising out of or otherwise relating to these Terms shall be governed by the laws of the State of Nevada, excluding any provision that would direct application of the laws of any other jurisdiction except the laws of the federal government of the United States. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms. The parties hereby submit to the personal jurisdiction of the state and federal courts of Clark County, Nevada. Exclusive venue for any litigation or arbitration permitted under these Terms shall be with the state and federal courts located in Clark County, Nevada.

Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

Binding Arbitration. If there is a dispute between the parties arising out of or otherwise relating to these Terms, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If those good-faith negotiations fail to resolve the dispute, then the following applies:

Excluding disputes solely involving the collection of money in an amount equal to or less than the maximum jurisdictional amount of the Clark County, Nevada Small Claims Court and over which that court has jurisdiction, which shall be resolved exclusively in Clark County, Nevada Small Claims Court, the parties shall submit all disputes relating to these Terms, whether contract, tort, or both to confidential, binding arbitration, in accordance with then-effective rules of the American Arbitration Association for single-arbitrator, streamlined commercial disputes, in Clark County, Nevada. The arbitrator shall not have the authority to certify a class action or collective action or to award punitive damages. Either party may enforce the award of the arbitrator in any court having jurisdiction over the party against whom the award was made.

THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY WITH RESPECT TO ARBITRAL CLAIMS AND WAIVE THEIR RIGHT TO BRING ANY COLLECTIVE OR CLASS ACTION AND TO COLLECT ANY PUNITIVE DAMAGES.

Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.

Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms will continue in full force and effect.

Attorney’s Fees and Costs. In the event of any litigation or arbitration arising out of these Terms, each party shall bear its own costs and attorney’s fees, except that the cost of arbitration shall initially be born equally by the parties but taxed against the non-prevailing party and, except that in an action by us for moneys due to us, if we are the prevailing party, we shall be entitled to attorney’s fees for all arbitration and litigation, including appeals.

No Waiver. No waiver on our part shall be deemed a waiver of any subsequent default of the same provision of these Terms.

Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms.

Complete Agreement. These Terms constitute the entire agreement between the parties with respect to your access and use of the Services and the Content, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms will be binding unless in writing and signed by a duly authorized representative of both parties.

Modifications. We reserve the right to change any of the provisions posted herein and you agree to review these Terms each time you use the Services or Content. Your continued use of the Services or Content after we have published any changes to these Terms constitutes your acceptance of such changes. We do not and will not assume any obligation to provide you with notice of any change to these Terms. Unless accepted by us in writing, these Terms may not be amended by you.

Government Rights. The software elements of the Services and the Content have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed: (1) to grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) to restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.

Other Jurisdictions. We make no representation that the Services or the Content are appropriate or available for use in other locations, and access to the Services or the Content from territories where they may be illegal is otherwise prohibited. Those who choose to access the Services or the Content from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.

Consumer Rights Information – California Residents

This Section applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:

Name of Service Provider: Rigassi Media, LLC DBA OurCabana
Contact Mailing Address: 5030 Paradise Road, Suite A-109, Las Vegas, NV 89119

Payment is required to access certain Services and Content, or to purchase merchandise. The current fees associated with Premium Services and Premium Content, and the current price of each item of merchandise available for sale are prominently displayed on the Services, where appropriate. We reserve the right to change such fees and prices at any time, with or without prior notice to you. Users may contact us by e-mail at: support@ourcabana.com in order to resolve any billing disputes or to receive further information about any of the Services or Content.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at +1 (916) 445-1254.