18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
All models,
actors, actresses and other persons that appear in any visual depiction
of actual or simulated sexual conduct appearing or otherwise contained
in or at uniquesexygirls.com were over the age of eighteen (18) years
at the time of the creation of such depictions.
The records required pursuant to 18 USC 2257 and CFR 75 are kept by one
of the of the Custodian of Records listed below. All licensing agreements
reflecting the location of the Custodian of Records pursuant to 18 USC
2257 and CFR 75 for any material appearing at uniquesexygirls.com are
kept by
The following terms and conditions govern your use and access to the Kazzumi website, UNIQUE SEXY GIRLS (individually, a "Site"). These Terms and Conditions also govern your membership to the Site if you become a member.
By accessing, using, viewing, reading, printing, installing, or downloading
any material to or from the Site(s), or by becoming a member of the Site(s),
you agree to be bound by these Terms and Conditions. This Agreement is intended
to be governed by the Electronic Signatures in Global and National Commerce
Act (E-Sign Act). You manifest your agreement to these Terms and Conditions
by any act demonstrating your assent thereto, including clicking any button
containing the words “I agree” or similar syntax. You may submit
a paper copy of this transaction and print this form for your personal records.
You have the right to withdraw your consent to use the E-Sign Act by emailing
us. Your consent to use the E-Sign Act is limited to providing the information
on this form. Access to this electronic record requires a simple browser program
such as Internet Explorer™ or Netscape™ and a computer.
These Terms and Conditions are subject to change by the Site(s) at any time
in its discretion. Your use of the Site(s) after such changes are implemented
constitutes your acknowledgment and acceptance of the changes. If you do not
agree to be bound by these Terms and Conditions, you may not enter the Site(s),
you must exit the Site(s) immediately and you may not use or access the Site(s)
or print or download any materials from them. You may use and access the Site(s)
only in accordance with these Terms and Conditions. Please consult these Terms
and Conditions regularly and read them carefully before using the Site(s). You
affirm that you have read this Agreement and understand, agree and consent to
its Terms and Conditions.
You are solely responsible for obtaining access to the Sites and that access
may involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Sites (i.e., computers,
modems, and software, including the most recent versions of Internet browsers,
applications, and plug-ins).
I. ADULT ENTERTAINMENT
The Sites offer online entertainment services that may be deemed adult in nature
and which may contain graphic depictions and descriptions of explicit sexual
activity. You acknowledge that you are aware of the nature of the content provided
by these Sites, that you are not offended by such content and that you access
the Sites freely, voluntarily and willingly.
II. AGE OF MAJORITY
You represent and warrant that 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 must exit the Site
immediately and may not use or access the Sites or print or download any Materials
from them.
III. NO CHILD PORNOGRAPHY
You understand that all models appearing on the Sites are, and were at the time
of all recorded images, at least 18 years of age, and that the Sites contain
no child pornography. We take a strong and definite stand against child pornography
and only publish images of consenting adults for consenting adults. If you see
any images, real or simulated, depicting minors engaged in sexual activity within
the Sites, please report to webmaster, INFO@KAZZUMI.com. Include with your report
any appropriate evidence, including the date and time. All reports will immediately
be investigated and the appropriate action will be taken. We enthusiastically
cooperate with any law-enforcement agency investigating child pornography. If
you suspect other outside websites are participating in unlawful activities
involving minors, please report them to www.asacp.org.
IV. PROTECTED SPEECH
You further acknowledge that the Sites contain only images protected by the
UK copyright AND IPR. If you are seeking obscenity or child pornography, please
leave this Site immediately.
V. TRADEMARK INFORMATION
Unique Sexy Girls and Kazzumi in the United Kingdom. Other manufacturers' product
and service names referenced herein may be trademarks and service marks of their
respective companies and are the exclusive property of such respective owners.
Kazzumi’s marks may not be used publicly except with express written permission
from KAZZUMI MEDIA GROUP, and may not be used in any manner that is likely to
cause confusion among consumers, or in any manner that disparages or discredits
KAZZUMI.
VI. COPYRIGHT
All content included on the Sites, such as all literary works, text, pictorial
and graphical works, photographs, video and audio clips, motion pictures and
other audio visual works, video games, music, soundtracks, button icons, streaming
data, animation, images, compilations, .RAM files, .AVI files, .MPG files or
any other software files (in object code or source code format) (collectively,
"Materials") is the property of KAZZUMI or its content suppliers and
is protected by United States and international copyright laws. The compilation
of all content on each Site is the exclusive property of KAZZUMI and protected
by United States and international copyright laws.
VII. ACCESS TO SITES
Subject to these Terms and Conditions and in consideration of your becoming
a member to a Site, UNIQUE SEXY GIRLS, KAZZUMI hereby grants you a limited personal
license to access the Site to which you have become a member and the Materials
contained therein. Provided that you are a member in good standing to a Site,
you may cache the Materials onto a single computer for your personal, non-commercial
internal use only. You agree to prevent any unauthorized copying of any of the
Sites, or any of the Materials contained therein. Any unauthorized use of a
Site or any of the Materials contained therein terminates this limited license
effective immediately. This is a license to use and access a Site for its intended
purpose and is not a transfer of title. Violators of this limited license may
be prosecuted to the fullest extent under law.
VIII. RESTRICTIONS ON USE OF SITES
Without the express prior written authorization of KAZZUMI MEDIA GROUP, you
may not: (A) duplicate a Site or any of the Materials contained therein (except
as expressly provided above in Section VII); (B) create derivative works based
on a Site or any of the Materials contained therein; (C) use the Sites or any
of the Materials contained therein for any commercial purpose, or for any public
display, public performance; (D) sell, rent, lease, license, sublicense, transfer,
distribute, re-transmit, time-share or otherwise assign to any third party the
Materials or any of your rights to access and use the Materials as granted in
Section VII above; (E) remove any copyright or other proprietary notices from
the Site or any of the Materials contained therein; (F) frame or utilize any
framing techniques in connection with the Sites or any of the Materials contained
therein; (G) use any meta-tags or any other "hidden text" using KAZZUMI
OR UNIQUE SEXY GRLS name or marks; (H) link to any page of any of the Sites
(including the homepage); (I) circumvent any encryption or other security tools
used anywhere on the Sites (including the theft of user names and passwords,
or using another person's user name and password in order to gain access to
a restricted area of any of the Sites); (J) use any data mining, robots or similar
data gathering and extraction tools on the Sites; (K) decompile, reverse engineer,
or disassemble software Materials except and only to the extent permitted by
applicable law, or (L) bookmark any page of any Site beyond the membership log-in
screen.
IX. MEMBERSHIP
A. REGISTRATION
You may access the non-public portion of any Site only by being a member in
good standing to that Site. You may become a member of a Site by completing
an online registration form. Upon submission of the online registration form,
KAZZUMI or its authorized agent will process the application. In connection
with completing the online registration form, you agree to: (1) provide true,
accurate, current and complete information about yourself as prompted by the
registration form (such information being the "Registration Data")
and (2) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete at all times while you are a member. If you provide
any information that is untrue, inaccurate, not current or incomplete, or KAZZUMI
or any of its authorized agents have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, KAZZUMI has the
right to suspend or terminate your account and refuse any and all current or
future use of the Site.
B. MEMBER ACCOUNT, PASSWORD AND SECURITY
As part of the registration process, you will select a unique user name and
password, which you must provide in order to gain access to the non-public portion
of a Site. You represent and warrant that you will not disclose to any other
person your unique user name and password and that you will not provide access
to any Site to anyone who is below the age of majority in your jurisdiction.
You are solely responsible for maintaining the confidentiality of your user
name and password and are fully responsible for all activities that occur under
your user name and password. You agree to (1) immediately notify KAZZUMI of
any unauthorized use of your user name and password or any other breach of security,
and (2) ensure that you exit from your account at the end of each session.
C. FEES
You agree to pay all membership fees when due. KAZZUMI posts the current membership
fees for each Site as part of the registration process. KAZZUMI reserves the
right to change any Site's membership fees at any time, with or without prior
notice to you. At the time of registration, you must select a payment method.
KAZZUMI reserves the right to contract with a third party to process all 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 become 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 daily, plus any additional collection
costs, credits, charge backs and attorneys 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 KAZZUMI for all credit card
charge backs, dishonored checks and any related charges.
D. BILLING ERRORS
If you believe that you have been erroneously billed, please notify us immediately
of such error. If we do not hear from you within thirty (30) days after such
billing error first appears on any account statement, such fee will be deemed
acceptable by you for all purposes, including resolution of inquiries made by
your credit card issuer.
E. REFUND POLICY
KAZZUMI does not provide cash refunds. We do, however, grant credits in the
form of free monthly memberships to resolve customer service issues. The billing
system used by KAZZUMI or our authorized agents provides extensive credit card
fraud protection measures and our Sites include many features to protect users
from accidental charges. Therefore, refunds to your credit card will be provided
only under the rarest of circumstances such as persistent technical problems
originating with our equipment.
X. TERMINATION
You may cancel your membership at any time by providing: (A) our customer service
department with a notice of your intent to cancel the membership along with
your user name and password; and (B) any outstanding fees owed for your membership.
Upon our processing of your request to cancel your membership, you will no longer
have access to the non-public areas of the Site or Sites to which you were a
member.
KAZZUMI may terminate your access to a Site at any time, with or without advance
notice, if: (1) KAZZUMI believes that you have breached any material term of
these Terms and Conditions, (2) you fail to pay any amount due by the payment
due date; or (3) KAZZUMI decides to cease operations or to otherwise discontinue
any of the Sites. Further, you agree that neither KAZZUMI nor any third party
acting on our behalf shall be liable to you for any termination of your membership
or access to any of the Sites. You agree that if your account is terminated
by KAZZUMI, you will not attempt to re-register as a member without prior written
consent from KAZZUMI.
XI. DISCLAIMER OF WARRANTY
YOU EXPRESSLY AGREE THAT USE OF ANY OF THE SITES OR ANY OF THE MATERIALS CONTAINED
THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. THE SITES AND ALL
MATERIALS CONTAINED THEREIN 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.
KAZZUMI MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES OR ANY MATERIALS
CONTAINED THEREIN WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR
DOES KAZZUMI MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF THE SITES OR ANY OF THE MATERIALS CONTAINED
THEREIN. YOU ALSO UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA. KAZZUMI MAKES NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITES OR ANY TRANSACTION ENTERED
INTO THROUGH THE SITES AND IS 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 THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL KAZZUMI (OR ITS LICENSORS) BE LIABLE TO YOU, OR ANY OTHER
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE
DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL, FOR ANY MATTER ARISING OUT OF
OR RELATING TO THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS
OF CONTRACT, TORT OR OTHERWISE, EVEN IF KAZZUMI HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL KAZZUMI'S TOTAL LIABILITY HEREUNDER FOR DIRECT
DAMAGES EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR USE OF A SITE OR SITES
FOR A PERIOD OF MORE THAN SIX (6) MONTHS FROM THE ACCRUAL OF THE CAUSE OR CAUSES
OF ACTION.
XIII. INDEMNITY
You agree to indemnify KAZZUMI against any and all claims, liabilities, and
costs, including reasonable attorneys' fees, reasonably incurred in the defence
of any claim or suit arising out of or otherwise related to these Terms and
Conditions, including without limitation, any breach by you of this Agreement.
KAZZUMI shall promptly notify you by electronic mail of any such claim or suit,
and cooperate fully (at your expense) in the defence of such claim or suit.
KAZZUMI may participate in the defence of such claim or defence at its own expense.
XIV. LINKS
Some web sites which are linked to the Sites are owned and operated by third
parties. Because KAZZUMI has no control over such sites and resources, you acknowledge
and agree that KAZZUMI is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for
any content, advertising, services, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that KAZZUMI
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 use of or reliance
on any such third-party content, goods or services available on or through any
such site or resource. If you decide to access any such third party sites, you
do so entirely at your own risk and subject to any terms and conditions and
privacy policies posted therein.
XV. NOTICE OF CLAIMED INFRINGEMENT
KAZZUMI respects the intellectual property of others, and we ask our users to
do the same. 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 provide KAZZUMI's Copyright Agent the following information:
(A) an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
(B) description of the copyrighted work or other intellectual property that
you claim has been infringed;
(C) a description of where the material that you claim is infringing is located
on a Site;
(D) your address, telephone number, and email address;
(E) 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; and
(F) a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
You may send your Notice of Claimed Infringement to:
SIMON LONG, COLLINGS LONG, 24 PEPPER STREET, LONDON SE1 0EB
Phone:+(44)207 401 9800
simonlong@collingslong.com
Please do not send other inquires or information to our Designated Agent.
XVI. NOTICE AND TAKE DOWN PROCEDURES
KAZZUMI implements the following "notice and takedown" procedure upon
receipt of any notification of claimed infringement. KAZZUMI reserves the right
at any time to disable access to, or remove any material or activity accessible
on or from any Site or any Materials claimed to be infringing or based on facts
or circumstances from which infringing activity is apparent. It is the firm
policy of KAZZUMI to terminate the account of repeat copyright infringers, when
appropriate, and KAZZUMI will act expeditiously to remove access to all material
that infringes on another's copyright, according to the procedure set forth
in 17 U.S.C. ß512 of the Digital Millennium Copyright Act ("DMCA").
KAZZUMI DMCA Notice Procedures are as follows: (1) The owner of a copyright
must inform KAZZUMI’S Designated Agent in writing of the infringement,
meeting the criteria listed in Paragraph XV and ß512 of the DMCA, which
are: (a) an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright or other intellectual property interest;
(b) description of the copyrighted work or other intellectual property that
you claim has been infringed, or a representative list of infringing works if
multiple works on a single site are on one notice; (c) a description of where
the material that you claim is infringing is located on a Site; (d) your address,
telephone number, and email address where you can be located; (e) 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; and (f) a statement by you, made
under penalty of perjury, that the above information in your notice is accurate
and that you are the copyright or intellectual property owner or authorized
to act on the copyright or intellectual property owner's behalf; (2) If the
notice does not comply with Paragraph XV and ß512 of the DMCA, but does
comply with three requirements for identifying sites that are infringing according
to ß512 of the DMCA, KAZZUMI's Designated Agent shall attempt to contact
or take other reasonable steps to contact the complaining party to help that
party comply with the notice requirements; (3) When KAZZUMI's Designated Agent
receives the notice, it will expeditiously remove and/or disable access to the
infringing material and shall notify the affected user; (4) Then, the affected
user may submit a counter-notification to KAZZUMI's Designated Agent containing
a statement made under penalty of perjury that the user has a good faith belief
that the material was removed because of misidentification of material; and
(5) After KAZZUMI's Designated Agent receives the counter-notification, KAZZUMI
will replace the material at issue within 10-14 days after receipt of the counter-notification
unless KAZZUMI's Designated Agent receives notice that a court action has been
filed by the complaining party seeking an injunction against the infringing
activity. KAZZUMI reserves the right to modify, alter or add to this policy,
and all users should regularly check back to these Terms and Conditions to stay
current on any such changes.
XVII. GENERAL PROVISIONS
A. Governing Law. These Terms and Conditions and all matters arising out of
or otherwise relating to these Terms and Conditions shall be governed by the
laws of England and Wales, excluding its conflict of law provisions. The parties
agree that the United Nations Convention on Contracts for the International
Sale of Goods is specifically excluded from application to these Terms and Conditions.
The parties hereby submit to the personal jurisdiction of the courts of England
and Wales. Exclusive venue for any litigation permitted under this Agreement
shall be with the UK courts located in England and Wales.
B. 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 of Sections VII or VIII, 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.
C. Arbitration. If there is a dispute between the parties arising out of or
otherwise relating to these Terms and Conditions, the parties shall meet and
negotiate in good faith to attempt to resolve the dispute. If the parties are
unable to resolve the dispute through direct negotiations, then, except as otherwise
provided herein, either party may submit the issue to binding arbitration in
accordance with the then-existing Commercial Arbitration Rules of the UK Arbitration
Association. The arbitration shall be conducted in Great Britain, and conducted
by a single arbitrator, knowledgeable in Internet and e-Commerce. The party
bringing the action shall be responsible for paying all costs for arbitration,
including the arbitrator's fees. Each party shall bear its own attorneys' fees.
The arbitrator shall have no authority to award any punitive or exemplary damages;
certify a class action; add any parties; vary or ignore the provisions of these
Terms and Conditions; and shall be bound by governing and applicable law. This
Section shall not apply to any breach (or any allegation which if true would
constitute a breach) of Sections VII or VIII.
D. 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 and Conditions nor any
rights granted hereunder may be sold, leased, assigned or otherwise transferred,
in whole or in part by you.
E. Severability. If for any reason a court of competent jurisdiction or arbitrator
finds any provision of these Terms and Conditions, or any portion thereof, to
be unenforceable, that provision will be enforced to the maximum extent permissible
and the remainder of these Terms and Conditions will continue in full force
and effect.
F. No Waiver. Failure by either party to enforce any provision of these Terms
and Conditions will not be deemed a waiver of future enforcement of that or
any other provision, and no waiver of one breach will constitute a waiver of
subsequent breaches of the same or of a different nature.
G. Complete Agreement. These Terms and Conditions constitute the entire agreement
between the parties with respect to your access and use of any of the Sites
and the Materials contained therein, and your membership with any of the Sites,
and supersedes and replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter (except for any Download Agreement
or similar contract governing the parties' rights and responsibilities in connection
with an Materials downloaded from a Site). No amendment to or modification of
these Terms and Conditions will be binding unless in writing and signed by a
duly authorized representative of both parties.
H. Relationship Between the Parties. KAZZUMI is an independent contractor; nothing
in these Terms and Conditions shall be construed to create a partnership, joint
venture or agency relationship between the parties.
I. Headings. Section and subsection headings of these Terms and Conditions are
inserted for convenience only and shall not be deemed to constitute a part hereof
nor to affect the meaning thereof
J. Force Majeure. KAZZUMI shall not be responsible for any failure to perform
due to unforeseen circumstances or to causes beyond its reasonable control,
including but not limited to: acts of God; war, riot, embargoes, acts of civil
or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical
storms or other natural disasters; fibre cuts; strikes, or shortages in transportation,
facilities, fuel, energy, labour or materials; failure of the telecommunications
or information services infrastructure; hacking, SPAM, or any failure of a computer,
server or software, including Y2K errors or omissions, for so long as such event
continues to delay KAZZUMI's performance.
K. Export. You understand and acknowledge that the software elements of the
Materials may be subject to regulation by agencies of the U.K. Government, including
the U.K. Department of Commerce, which prohibits export or diversion of software
to certain countries and third parties. You will not assist or participate in
any such diversion or other violation of applicable U.K. laws and regulations.
You warrant that you will not license or otherwise permit anyone not approved
to receive controlled commodities under applicable U.K. laws and regulations
and that you will abide by such laws and regulations.
L. Government Rights. The software elements of the Materials have been developed
at private expense and is "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 to: (1) 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)
restrict any government rights in any extensions or custom solutions provided
hereunder and developed at government expense.
M. Other Jurisdictions. KAZZUMI makes no representation that this Site or any
of the Materials contained herein are appropriate or available for use in other
locations, and access to them from territories where their content may be illegal
or is otherwise prohibited. Those who choose to access this Site from such locations
do so on their own initiative and are solely responsible for compliance with
all applicable local laws.
XVIII. CONSUMER RIGHTS INFORMATION
XIX. PRIVACY POLICY.
XX. CUSTODIAN OF RECORDS.
All persons who appear in any visual depiction contained in Unique Sexy Girls,
were 18 (eighteen) years of age or older at the time of the creation of such
depictions. The records required by Section 2257 of Title 18 of the United States
Code with respect to visual depictions of actual sexually explicit conduct are
kept by the custodian of records, The custodian can be reached electronically
at info@kazzumi.com/webmaster
XXI. CUSTOMER SUPPORT QUESTIONS.
Customer Support is provided by Kazzumi Operations to customers at the following
location: http.www.uniquesexygirls.com/support.