SEXYSOUND.COM, VIDEOSEXUSA.COM, PHONESEXUSA.COM, AllPHONESEX.COM, 1PHONESEX.COM
a.k.a 
(ALL RED BOX SITES)

 LEGAL NOTICES

Revised March 22, 2001

1. COPYRIGHT NOTICE
2. REQUESTING REPRODUCTION PERMISSIONS
3. ENFORCEMENT OF RIGHTS
4. PERSONAL ADS AND CHAT SERVICES
5. SEXUALLY EXPLICIT MATERIAL
6. CUSTODIAN OF RECORDS- U.S.C. TITLE 18, SECTION 2257 COMPLIANCE
7. SITE BLOCKING INFORMATION
8. PRIVACY STATEMENT
9. TERMS AND CONDITIONS OF MEMBERSHIP

RETURN 

You may write or e-mail the Rights and Permissions Department of RED BOX PRODUCTIONS, as follows:

    ATTN.: RIGHTS & PERMISSIONS
    RED BOX PRODUCTIONS
    1158 26th Street. Suite#321
    Santa Monica, CA. 90403
    e-mail: webmaster@sexysound.com

ENFORCEMENT OF RIGHTS

The material contained in this Web site is not intended for MINORS under the age of 18 (or 21 in certain jurisdictions in which 21 is the age of majority) or those who do not desire to be exposed to sexually explicit material.

MINORS must exit this Web site and may do so by clicking on the following link, which also appears as "please leave now" on the first page of this Web site: http://google.com.

CUSTODIAN OF RECORDS- U.S.C. TITLE 18, SECTION 2257 COMPLIANCE

In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons who appear in any visual depiction of sexually explicit conduct appearing or otherwise contained in or at (ALL RED BOX SITES) were over the age of eighteen years at the time of the creation of such depictions. Records required to be maintained pursuant to U.S.C. Title 18, Section 2257 are kept by the custodian of records listed below:

Liz Jacoby
Custodian of Records
Red Box Productions
1158 26th Street. #321
Santa Monica, CA. 90403

http://www.cybersitter.com
http://www.cyberpatrol.com
http://www.surfwatch.com
http://www.netnanny.com

1. ORDER FORMS. Our site occasionally uses an order form for customers to request information, products and services. We collect visitors' contact information (like their email address) and financial information (like their account or credit card numbers).

(a) Contact Data. This information is used to send orders, information about our company, and promotional material from some of our partners to our customers. The customer's contact information may also used to get in touch with the visitor when necessary. Users may opt-out of receiving future mailings (see the Opt-Out and Delete/Deactivate sections below).

(b) Financial Data. This information is used only for billing purposes.

 

2. ONLINE SURVEYS. Our online surveys ask visitors for contact information (like their email address) and demographic information (like their zip code, age, or income level).

(a) Contact Data. This information is used to send the user information about our company and promotional material from some of our partners. The customer's contact information is also used to contact the visitor when necessary. Users may opt-out of receiving future mailings (see the Opt-Out and Delete/Deactivate sections below).

(b) Demographic and Profile Data. This information is used to tailor our visitors' experience at our site, showing them content that we think they might be interested in and displaying the content according to their preferences. Anonymous demographic information is shared with advertisers and market researchers on an aggregate basis. Any email you may receive from (ALL RED BOX SITES) will include specific instructions on how to unsubscribe.

3. "COOKIE" TECHNOLOGY. (ALL RED BOX SITES) occasionally uses "cookie" technology to enhance users' online experience by making it easier for them to navigate through our pages or to make a feature work better. We do not extract information about individual users or their computers during this process. For more information on "cookie" technology, please go to http://www.cookiecentral.com/.
4. FREE WEEKLY EMAIL NEWSLETTER. On the (ALL RED BOX SITES) home pages, Users may sign up for the free weekly email newsletter by providing their email address in the box provided. Before you actually receive the newsletter, you will be sent a confirmation email to which you must reply, thereby confirming that you wish to be added to the mailing list. If you do not respond, you will not be added to the subscriber list. Active subscribers to the free newsletter may unsubscribe at any time by sending an email to redboxpro@hotmail.com with the message: UNSUBSCRIBE FREENEWSLETTER.

5. MONITORING USE OF SERVICE. We may monitor your use of this service and use or disclose any information so gathered to both satisfy any law, regulation or other government request and to operate the service properly and efficiently. RED BOX PRODUCTIONS (the "Company") also may, in its sole discretion, develop and use consumer research based on User's use of the service. All marketing information shall be subject, in all cases, to compliance with the applicable rules and regulations of the Communications Commission, and other relevant laws and regulations, as the same may be amended from time to time.
6. COMPANY NOT RESPONSIBLE FOR THIRD PARTY OFFERS. (ALL RED BOX SITES) contains links to other related Internet sites, resources and sponsors of the Company, who, from time to time, will offer products and services that may be of value to you. Selection of one of these ad banners or links redirects the User off of (ALL RED BOX SITES) to a third party. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of the Company. Because the Company is not responsible for these outside resources or their privacy policy or content, the User should direct any concerns regarding any external link to its site administrator or Webmaster.
7. OPT-OUT. Users may opt-out of receiving communications from us and our partners by choosing such an option at the point where we request information about the visitor.
8. DELETE/DEACTIVATE. If you would like to be removed from our database so as to not receive future communications or to no longer receive our service, please use one of the following options:

(a) Send email to webmaster@sexysound.com;

(b) Enter your email address and select the UNSUBSCRIBE button from the Newsletter section on the (ALL RED BOX SITES) home pages; or

(c) Send mail to the following postal address:

RED BOX PRODUCTIONS
1158 26th Street. #321
Santa Monica, CA. 90403

1. MODIFICATIONS. This Agreement is subject to change by the Company, at any time, in its sole discretion. Any changes made by the Company shall be effective upon notice to the Subscriber by e-mail, posting at, or via hyperlink to, (ALL RED BOX SITES), or by U.S. mail.

2. SEXUALLY EXPLICIT MATERIAL:

   (a) THE MATERIAL IS INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE SUCH MATERIAL DOES NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY APPLICABLE FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OF AMERICA, OR OF ANY INDIVIDUAL JURISDICTION WITHIN THE UNITED STATES OF AMERICA, OR ANY OTHER COUNTRY.

   (b) YOU HEREBY ACKNOWLEDGE THAT THE MATERIAL INCLUDES EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BISEXUAL, HOMOSEXUAL, AND TRANSSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIAL.

   (c) YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU CURRENTLY WISH TO RECEIVE SEXUALLY EXPLICIT MATERIAL VIA (ALL RED BOX SITES), WOULD NOT HAVE OTHERWISE AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT YOU DO NOT WISH TO RECEIVE SUCH SEXUALLY EXPLICIT MATERIAL.

3. AGE OF MAJORITY.

   (a) NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH (ALL RED BOX SITES).

   (b) YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.

4. GRANT OF LICENSE. In consideration of the payment of subscription fees, together with certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, the Company hereby grants You a limited, nonexclusive and nontransferable license to use Material, as provided by the Company during the period in which You are a subscriber in good standing. You may use the Material only in accordance with the terms and conditions of Your membership, only on one computer at a time and, if downloadable copies of the Material are made available by (ALL RED BOX SITES), You may make only a single copy of such Materials for Your own personal use and enjoyment. This license does not grant You any rights to the material or to any software enhancements or updates of any kind, except as set forth in this Agreement. You may make no use of the Material not expressly authorized herein or by prior express written authorization from Company. Prohibited uses of the Material include, without limitation:

   (a) permitting other individuals to directly or indirectly use the Material;

   (b) modifying, translating, reverse engineering, decompiling, disassembling the Material (except to the extent applicable laws specifically prohibit such restriction);

   (c) making copies or creating derivative works based on the Material, except as provided herein;

   (d) renting, leasing, or transferring any rights in the Material;

   (e) removing any proprietary notices or labels on the Material; and,

   (f) making any other use of the Material.

5. INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY. Except for public domain material or material otherwise licensed to Company for electronic dissemination, the Material is proprietary and constitutes valuable intellectual property owned by the Company and others who have licensed the use of the Material to the Company, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company, except as set forth herein. All editions of (ALL RED BOX SITES), and all Material and other material used directly or indirectly in, at, by, through and/or with (ALL RED BOX SITES) are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in, to and under the Material and other material at (ALL RED BOX SITES) shall at all times remain in Company, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in, to and under any intellectual property content accessed through the Material is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary(ies), licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and nonexclusive license granted to You herein grants to You no rights to use such content except as set forth herein. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a subscriber in good standing, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Materials in your possession.

6. RESTRICTIONS ON LOCATION OF USE.

   (a) You hereby agree that You shall at no time access, view, download, receive, duplicate, or otherwise use, transmit, broadcast or disseminate the Material, or allow any other party to do so, directly or indirectly, in geographical locations where the Company does not authorize such access, viewing, downloading, receipt, duplication or other use, transmission, broadcast or dissemination. You hereby acknowledge and agree that the Material may not be accessed, viewed, downloaded, duplicated, received or otherwise used, transmitted, broadcast or disseminated to any person or entity located in any and all geographical areas designated as PROHIBITED AREAS, as designated below. You hereby acknowledge the authority of the Company to designate the PROHIBITED AREAS, in its sole and absolute discretion. You hereby agree that any and all accessing, viewing, downloading, receiving, duplicating, or otherwise using, transmitting, broadcasting or disseminating of the Material by You, or allowing any other party to do so, directly or indirectly, in the PROHIBITED AREAS shall constitute an intentional infringement by You of this Agreement and potentially an infringement of the intellectual property rights and other rights in the Material and (ALL RED BOX SITES), including, without limitation, its rights of privacy.

   (b) All of the following areas constitute PROHIBITED AREAS from which the Material may not be accessed, viewed, downloaded, duplicated, received or otherwise used, transmitted, broadcast or disseminated:

   1. All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits:

   Click here to review the complete list of restricted areas.

   2. All parts of the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, and The United Arab Emirates.

   3. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, duplication, receipt or other use, transmission, broadcast or dissemination of the Material would, or could reasonably constitute, a violation of any law, regulation, rule or custom.

   (c) You hereby agree to be personally liable, and hereby agree to fully indemnify the Company, its equityholders, officers, directors, employees, agents, representatives, affiliates and subsidiaries for any and all damages directly, indirectly and/or consequentially resulting from Your attempted or actual unauthorized access, viewing, downloading, duplication, receipt or other use, transmission, broadcast or dissemination of the Material. This indemnity shall apply, without limitation, to any unauthorized access, viewing, downloading, duplication, receipt or other use, transmission, broadcast or dissemination of the Material with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorneys' fees and costs, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

7. Credit Card Processing Company. To complete Your purchase You will be transferred to the secured server of plugnpay.com. Plug & Pay Technologies, Inc .is an independent company providing credit card processing services, and other merchant banking services, to website operators, such as the owner and operator of this Web Site. Plug & Pay Technologies, Inc. offers complete SSL encryption technology, which provides greater security for your transaction. Plug & Pay Technologies, Inc. provides credit card processing services for numerous web sites on this basis. Plug & Pay Technologies, Inc. receives no financial benefit from this Web Site other than a fee paid by the owner of this Web Site to Plug & Pay Technologies, Inc. for each transaction Plug & Pay Technologies, Inc. processes for the Web Site. Plug & Pay Technologies, Inc. is not a co-owner, partner or joint venturer with the owner of this Web Site; rather, Plug & Pay Technologies, Inc. is merely an independent contractor providing services to the owner of this Web Site on an arms length, contract basis. Plug & Pay Technologies, Inc. EXERCISES NO CONTROL OVER THE WEB SITE, or any of the matters or persons that appear in, on, or through this Web Site. Plug & Pay Technologies, Inc. has not reviewed the content of this Web Site or the products and/or services offered hereon, and does not monitor the Web Site or its content and/or products on a periodic or an ongoing basis. Given the large number of sites for which Plug & Pay Technologies, Inc. provides processing services, and the ease and frequency with which a web site operator can and does change his, her or its site, content and/or products and services, such monitoring would be impossible. Accordingly, Plug & Pay Technologies, Inc. makes absolutely no representations and/or warranties, and provides no assurances, regarding the Web Site, the Web Site owner, or the quality, availability, legality or description of the products and/or services offered thereon. Plug & Pay Technologies, Inc. expressly disclaims any warranties of merchantability or fitness for a particular purpose with respect to this Web Site and/or the products and services offered hereon. Any disputes arising in connection with this Web Site, or the products and/or services being offered/purchased, are matters strictly between You, the customer, and the owner of this Web Site, in which Plug & Pay Technologies, Inc.has absolutely no role. Again, Plug & Pay Technologies, Inc's only function is to transmit information supplied by the customer to the Web Site operator's credit card processor, and to relate and record the processor's acceptance or rejection of that information. Plug & Pay Technologies, Inc. urges You to carefully read the Terms and Conditions on this Web Site, and (by using the contact information on this Web Site), to ask the Web Site operator any questions You may have regarding the service/product before completing the transaction. BY SUBMITTING YOUR REQUEST FOR AUTHORIZATION OF YOUR TRANSACTION, YOU ACKNOWLEDGE HAVING READ, UNDERSTOOD AND AGREED TO THE TERMS AND CONDITIONS HEREIN STATED, AND AGREE TO INDEMNIFY, DEFEND, AND HOLD PLUG & PAY TECHNOLOGIES INC. HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (INCLUDING ATTORNEYS' FEES AND ASSOCIATED COSTS) AND OTHER COSTS AND EXPENSES ARISING IN CONNECTION WITH YOUR VISIT TO OR USE OF THIS WEB SITE, AND/OR YOUR PURCHASE OR OFFER TO PURCHASE ANY OF THE PRODUCTS AND SERVICES OFFERED HEREON.

8. MEMBERSHIP FEES AND BILLING. All membership fees and billing on (ALL RED BOX SITES) web site, are administered by third-party.   COMPANY NOT RESPONSIBLE FOR THIRD PARTY OFFERS. (ALL RED BOX SITES) contains links to other related Internet sites, resources and sponsors of the Company, who, from time to time, will offer products and services that may be of value to you. Selection of one of these ad banners or links redirects the User off of (ALL RED BOX SITES) to a third party. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of the Company. Because the Company is not responsible for these outside resources or their privacy policy or content, the User should direct any concerns regarding any external link to its site administrator or Webmaster.

9. LIQUIDATED DAMAGES FOR FRAUD. You hereby agree not to report, as lost or stolen, any credit card or debit card which You have used in connection with any payment to (ALL RED BOX SITES), or as unauthorized, any charge for any goods or services, including for any Paid Trial Subscription or Monthly Subscription, for which You do not have good reason to believe is, in fact, lost, stolen or unauthorized. You hereby agree that in the event of any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from (ALL RED BOX SITES), or any fraudulent reporting of an unauthorized charge to (ALL RED BOX SITES) on Your credit card or debit card which has been made by You, or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to (ALL RED BOX SITES) remains outstanding, You shall be personally liable to the Company for liquidated damages in the amount of US$25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for any breach(es) of any other terms, conditions, representations and warranties set forth in this Agreement.

10. SUBSCRIPTIONS NOT ASSIGNABLE. Subscriptions may not be assigned or transferred to any other person or entity. You must promptly inform the Company of any and all of the following: changes in the expiration date of any credit card or debit card used in connection with (ALL RED BOX SITES); change to Your name, the postal/zip code for Your billing address, or e-mail address; apparent breaches of security, such as loss, theft, unauthorized disclosure or use of an ID or Password. Until Company is notified by U.S. mail or e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of (ALL RED BOX SITES).

11. LOGIN NAME & PASSWORD. Access to, and use of, (ALL RED BOX SITES) is through the use of a unique Login Name and Password as selected by You. You hereby agree to keep Your Login name and Password strictly confidential. For security reasons, the Company will not release Login Names or Passwords. Unauthorized access to (ALL RED BOX SITES)  is a breach of this Agreement and may be a violation of law. You acknowledge and give Your permission to the Company to collect statistical information on Your source Internet Provider address, and agree that if You share Your unique Login Name and/or Your Password with any another individual or entity, that Your access to (ALL RED BOX SITES) is subject to immediate termination without notice or reimbursement of any kind.

12. EQUIPMENT. Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to (ALL RED BOX SITES).

13. NO SCREENING OF THIRD PARTY COMMUNICATIONS. Company does not screen or endorse advertisements or communications submitted to (ALL RED BOX SITES) by third party licensees, advertisers, or subscribers for electronic dissemination through (ALL RED BOX SITES). Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of (ALL RED BOX SITES) prior to purchasing goods and/or services described at (ALL RED BOX SITES) or otherwise responding to any communication at (ALL RED BOX SITES).

14. MEMBER CONDUCT. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not (ALL RED BOX SITES), are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. (ALL RED BOX SITES) does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will (ALL RED BOX SITES) be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
    

    You agree to not use the Service to:
    a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    
    b. harm minors in any way;
    
    c. impersonate any person or entity, including, but not limited to, a (ALL RED BOX SITES) official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    
    d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    
    e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    
    f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
    
    g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
    
    h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    
    i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
    
    j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    
    k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
    
    l. "stalk" or otherwise harass another; or
    
    m. collect or store personal data about other users.
    
    You acknowledge that (ALL RED BOX SITES)does not pre-screen Content, but that (ALL RED BOX SITES) and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, (ALL RED BOX SITES) and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by (ALL RED BOX SITES) or submitted to (ALL RED BOX SITES), including without limitation information in (ALL RED BOX SITES) personal ads, and in all other parts of the Service.
    
    You acknowledge and agree that (ALL RED BOX SITES) may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of (ALL RED BOX SITES), its users and the public.

    You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

15. NO WARRANTIES. YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF (ALL RED BOX SITES).

16. LIMITATIONS OF LIABILITY. ANY LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE SUBSCRIBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH (ALL RED BOX SITES).

17. SERVICE MARK. "(ALL RED BOX SITES)" is a service mark of the Company, as pending or registered in the US Patent and Trademark Office. All rights are reserved.

18. NOTICES. Notices from (ALL RED BOX SITES) to Subscribers may be given by means of e-mail, by general posting on (ALL RED BOX SITES), or by U.S. mail. Communications from You to the Company may be made by e-mail, U.S. mail or telephone. All questions, complaints, or notices to (ALL RED BOX SITES) may be sent by following the simple instructions located within the Customer Support Center. The Customer Support Center can be easily reached at the following : webmaster@sexysound.com

19. AFFILIATION. (ALL RED BOX SITES) is not affiliated with any company or organization other than the Company. No inference of association or affiliation with, or endorsement by any company or organization is intended or should be inferred.

20. MISCELLANEOUS. This Agreement contains the entire agreement between the You, the subscriber, and the Company regarding Your use of (ALL RED BOX SITES), and all Material and other materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by the Company. This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as maybe governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.

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