Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tantra Punk, acceptance is expressly limited to these terms. The Website only permits visitation and usage by individuals who are at least 18 years old, those under 18 years of age are not permitted to access The Website.
The Website is intended for mature adult audiences only. Before engaging in any activities suggested or advised by the content hosted on or linked to by the Website, it is your responsibility to seek qualified advice from your doctor, lawyer, therapist, or other relevant professional adviser(s), consultant(s), or service provider(s). Tantra Punk is not responsible for any harm or damages resulting from your accessing the Website.
- Endorsement Disclosure Statement. At this time there are no sponsors, advertisers, or any other parties who are making financial contributions to the website and it’s programming in exchange for product or service reviews and/or endorsements. If at any time in the future a sponsorship or adverting deal is negotiated with a third party, it will be disclosed in this section.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TantraPunk.com links, and that link to TantraPunk.com. Tantra Punk does not have any control over those non-Tantra Punk websites and webpages, and is not responsible for their contents or their use. By linking to a non-Tantra Punk website or webpage, Tantra Punk does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tantra Punk disclaims any responsibility for any harm resulting from your use of non-Tantra Punk websites and webpages.
- Copyright Infringement and DMCA Policy. As Tantra Punk asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by TantraPunk.com violates your copyright, you are encouraged to notify Tantra Punk in accordance with Tantra Punk’s Digital Millennium Copyright Act (“DMCA”) Policy. Tantra Punk will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Tantra Punk will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Tantra Punk or others. In the case of such termination, Tantra Punk will have no obligation to provide a refund of any amounts previously paid to Tantra Punk.
- Intellectual Property. This Agreement does not transfer from Tantra Punk to you any Tantra Punk or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tantra Punk. Tantra Punk, TantraPunk.com, the TantraPunk.com logo, and all other trademarks, service marks, graphics and logos used in connection with TantraPunk.com, or the Website are trademarks or registered trademarks of Tantra Punk or Tantra Punk’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tantra Punk or third-party trademarks.
- Changes. Tantra Punk reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Tantra Punk may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Tantra Punk may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately
- Disclaimer of Warranties. The Website is provided “as is”. Tantra Punk and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tantra Punk nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Tantra Punk, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; Tantra Punk shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Tantra Punk, its contractors (including but not limited to Reflected Networks), and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Tantra Punk and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tantra Punk, or by the posting by Tantra Punk of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tantra Punk may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.