Terms-of-Service Agreement

Last Updated: November 29th, 2024

This terms-of-service agreement is entered into between you and Pico Enterprises LLP(“Company“). The following agreement, together with any documents it expressly incorporates by reference (collectively, “agreement“), governs your access to and use of KinkOnCommand including any content, functionality, and services offered on or through KinkOnCommand, whether as a guest or a registered user.

1. Definitions

1.1 “Bookmarking” means the act of placing a web page (URL) into a temporary file on the User’s browser so that the User may return to the page at a future date directly, without passing through any preceding pages.

1.2 “Chargebacks” means a request you file directly with your card company or bank to invalidate Fees.

1.3 “Fees” means amounts paid or payable to Company in exchange for Membership under this agreement using a Payment Method. Fees are posted on the Portal and are incorporated by reference into this agreement.

1.4 “Login” means the combination of the unique username and password sold or provided by the Company to the User and used to access the Portal.

1.5 “Membership” means the access granted to a User to the Portal using a Login for a limited period to use the Services.

1.6 “Payment Method” means the method of payment that you use to buy your Membership, including credit card, debit card, money order, or online check.

1.7 “Portal” means the website to which you are buying a Membership or accessing the Services.

1.8 “Services” means the limited, non-transferable license to stream or download images and video or other content from the Portal, to navigate different areas of the Portal, and to access, use or interact with any feature, product or function available through the Portal.

1.9 “Supplemental Terms” means any additional terms of service, policies, rules or any other provisions applicable to Users’ access or use of the service and which are incorporated by reference into this agreement.

1.10 “User” means an individual of or over the age of majority in the jurisdiction where they are located who has a Membership or rightfully accesses the Portal.

2. Acceptance of Agreement

2.1 This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.

2.2 This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

2.3 By using the Portal or by clicking to accept or agree to the agreement when this option is made available to you, you accept and agree to be bound and abide by this agreement. If you do not want to agree to this agreement, you must not access or use the Portal.

2.4 This Portal is offered and available to users who are at least 18-years old and who have reached the age of majority where they live. By using this Portal, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Portal.

2.5 Bookmarking to a page on the Portal whereby the warning page or this agreement is bypassed will constitute implied acceptance of this agreement and an explicit confirmation that the User is of or over the age of majority in their jurisdiction and the Materials are not illegal in the Territory.

2.6 For information about how the Company collects, uses, and shares your personal information, please review the Privacy Policy.

3. Changes to Agreement. The Company may revise and update this agreement from time to time in its sole discretion. All changes are effective immediately when it posts them and apply to all access to and use of the Portal afterward. However, any changes to the dispute resolution provisions set out in section 24 (Governing Law and Jurisdiction) and section 25 (Dispute Resolution and Binding Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Portal. Your continued use of the Portal after the posting of the revised agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

4. Adult-Oriented Content

4.1 Agreement to View Adult Material. The Portal is designed and intended solely for adults who are interested in and wish to have access to visual images, verbal descriptions, and audio sounds of a sexually oriented, and frankly erotic, nature. The material available by the Company within the Portal may include graphic visual depictions and descriptions of nudity and sexual activity and is prohibited to be accessed by anyone under legal age in their respective jurisdiction or by those who do not wish to be exposed to that material. If you do not meet these requirements, you must not access the Portal and must leave now. By accessing the Portal or by buying a Membership from the Company, you state that the following facts are accurate:

(a) You (1) are at least 18-years old, (2) have reached the age of majority where you live, and (3) have the legal capacity to enter into this agreement.

(b) All information you provided to the Company is accurate, and you will promptly update this information when necessary to make sure that it remains accurate.

(c) You are aware of the adult nature of the content available on the Portal, and you are not offended by visual images, verbal descriptions, and audio sounds of a sexually oriented nature, which may include graphic visual depictions and descriptions of nudity and sexual activity.

(d) You are familiar with your community’s laws affecting your right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities.

(e) You have the legal right to access adult-oriented materials, including sexually explicit material depicting bondage, S/M, and other fetish activities, and the Company has legal right to transmit them to you.

(f) You are voluntarily requesting adult-oriented materials for your private enjoyment.

(g) You are not accessing the Portal from a place, country, or location in which doing so would, or could be considered a violation of local law.

(h) You will not share these materials with a minor or otherwise make them available to a minor.

(i) By accessing the Portal, you will have released and discharged the providers, owners, and creators of the Portal from all liability that might arise.

4.2 Section 230(d) Notice. Under 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.

4.3 Child Sexual Abuse Material (CSAM) Prohibited. The Company prohibits content involving minors on the Portal. The Company only allows visual media of consenting adults for consenting adults on the Portal. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Portal or that is otherwise exploitative of children, please promptly report this to the Company at support@kinkoncommand.com. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take proper action. The Company fully cooperates with any law enforcement agency investigating alleged child exploitation or child sexual abuse material.

5. Territory

5.1 Territory. Each Membership is for use within a limited territory that excludes all jurisdictions where the content is illegal (“Territory“). Access to the Portal might not be legal by certain persons or in certain countries. The Company is not making any statement that the Portal or its content is accessible or appropriate in your jurisdiction. If you access the Portal, you do so on your own initiative and are responsible for complying with all local laws.

5.2 Location Breach. If the Company detects a Membership is bought or used outside the Territory, the Company may, at its discretion, disable Membership so the Login will not work and terminate this agreement for breach without any refund of Fees already paid.

6. Accessing the Portal. The Portal allows you to buy access to digital content, including videos for streaming. To view the digital content, you will need a personal computer, tablet, phone, or other device that meets the Portal’s system and compatibility requirements and a high-speed internet connection. The Company may withdraw or amend this Portal, and any service or material it provides on the Portal, in its sole discretion without notice. The Company will not be liable if, for any reason, any part of the Portal is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Portal, or the entire Portal, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Portal.

7. Your Account

7.1 Account Creation. You must complete the registration process by providing the Company with accurate information as prompted by the registration form. You must provide a valid email address and a password. Your password should be unique (meaning that it is different from those you use for other websites) and must comply with the Portal’s technical requirements for the composition of passwords. By creating an account, you state to the Company that (a) all account registration information you provide is your own and is accurate; (b) if you previously had an account on the Portal, the Company did not suspend or terminate that account for breach of this agreement; and (c) you are creating an account for your own personal use, and you will not sell, rent, or transfer your account to any third party.

7.2 Responsibility for Account. You are responsible for keeping your Login secure and confidential. You must not distribute your Login to others. If you do, this will result in an immediate termination of your Membership as set out in section 10.2. Further, you are responsible for all activities that occur under your Login. You will promptly notify the Company of any unauthorized use of your Login or any other breach of security. The Company may disable any username, password, or other identifier, whether chosen by you or provided by the Company, at any time in its sole discretion for any reason or no reason, including if, in its opinion, you have violated any part of this agreement.

7.3 Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your Login, either with or without your knowledge. You could be held liable for losses incurred by the Company or another person due to someone else using your Login.

7.4 Use of Other Accounts. You must not use anyone else’s Login at any time.

7.5 Account Security. The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized persons will never be able to defeat the Portal’s security measures or use any personal information you provide to the Company for improper purposes. Therefore, you acknowledge that you provide your personal information at your own risk.

7.6 Communication Preferences. By registering for an account, you consent to receive electronic communications from the Company relating to your account. Communications may involve sending emails to your email address provided during registration or posting communications on the Portal. Communications will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation emails, and other transactional information) and are part of your relationship with the Company. You acknowledge that any notices, agreements, disclosures, or other communications that the Company sends you electronically will satisfy any legal communication requirements, including that these communications be in writing. The Company recommends that you keep copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receive certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email or other methods. You acknowledge that communications you receive from the Company may contain sexually explicit material unsuitable for minors. If you no longer want to receive certain non-transactional communications, please review the Privacy Policy regarding opting out of marketing communications.

8. Memberships and Payments

8.1 Fees and Membership Information. The Portal may offer various types of Memberships of different terms (ex: monthly, 6 months, yearly) (each, a “Membership Term“) and each with different Fees. The Company accepts payment of Fees via the Payment Methods identified on the Portal before checkout. Unless the Portal indicates otherwise, User must have a valid Payment Method to make any purchase. Users are liable for Fees for Membership including applicable taxes, bank fees, and currency fluctuations. Each Membership Term (defined below in section 8) offered will have its own Fee indicated during the joining process. Company will rebill at the Fee and at the frequency indicated on the receipt sent to the User’s email address. Fees are subject to change due to applicable laws and taxes; if you do not cancel within 30 days then you are deemed to have accepted the change in Fee. The Company may adjust Fees for Memberships, Individual Scene Purchases, and any other product and services offered to Users, at any time as it may determine in its sole discretion. The Company does not provide price protection or refunds in the event of a price reduction or promotional offering.

8.2 Auto-Renewal. Your Membership will continue for the Membership Term and automatically renew for additional prepaid periods of the same length at the rates in effect at the time you originally signed up until cancelled. Users must cancel their Membership forty-eight hours (48hrs) before it renews each term to avoid billing of the next term’s Fees to their Payment Method. Until cancelled, the User authorizes the Company to continue charging the User’s Payment Method to pay: (i) Fees for Membership; (ii) all purchases of other products, services, and entertainment provided by the Portal; and (iii) other liabilities of User to the Company or any third party. Should you wish to cancel or terminate your Membership at any time, you may contact Client Relations with notice to cancel your Membership. Users may complete a form located at https://www.famesupport.com/ or contact Client Relations directly. Please see section 10 below for further details.

8.3 Delayed Transactions. If a User’s Payment Method was declined, the Company may attempt to process the Payment Method again under the same conditions as initiated by the Users, within seven days of the User’s first attempt to purchase their Membership. Where the Payment Method is approved in such a circumstance, the User will receive an email confirming the successful completion of their transaction along with their username and password details. The User’s next rebill will be attempted on their initial rebill date. The Company reserves the right to change the Fee of the rebill or of the initial transaction to a lesser amount with the obligation to continue the User’s Membership at the original rebill Fee, which shall take effect as of the next rebill unless the User cancels before that rebill, or at the initial Payment Method Fee to successfully complete the User’s purchase of their Membership. In the event of an unsuccessful recurring payment, an administrative fee of up to $2 may be charged to maintain an active Membership until the full Membership Fee can be processed successfully.

9. Termination and Cancellation

9.1 Termination and Cancellation by the User. Users may cancel or terminate their Membership at any time and without cause by providing Client Relations with notice to cancel their Membership. Users may complete a form located at https://www.famesupport.com/ or contact Client Relations directly. Users are liable for all Fees incurred on the Membership until 48 hours after notification of cancellation is received and acknowledged by the Company’s Client Relations. It is the User’s responsibility to ensure notification is adequately provided to the Company. All notification for cancellation should include full name, email address, and where applicable, the last four digits of the Payment Method.

9.2 Termination by the Company. The Company may suspend, disable, or terminate your access to the Portal (or any part of it) for any reason, including but not limited to if it determines that you have breached this agreement, you engaged in fraud, you fail to comply with the Company’s reasonable requirements (including but not limited to undergoing age verification and similar checks), that your conduct would tend to damage the Company’s reputation and goodwill, or that your conduct would be deemed to be harassment (Harassing conduct may include epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes; and written or graphic material that denigrates or shows hostility or aversion toward an individual) to any employment or representative of the Company.

9.3 Effect of Termination. On termination, your right to access the Portal and all licenses granted by the Company terminates. The Company may block your email and IP address to prevent further access. Termination of your access to the Portal will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to the Company or any third party.

9.4 California Residents. For Users residing in California, if a User has exercised their right to delete their information, the Company will be unable to assist the User regarding notice of unauthorized use of the Services.

9.5 Survival. This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.

10. Billing Disputes, Refunds, and Chargebacks

10.1 Billing Disputes. If you believe that the Company has charged your Payment Method in error, you must notify the Company in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this period, you waive any disputed charges. You must submit any billing disputes in writing through support@kinkoncommand.com and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a receipt and add or credit them against your future payments.

10.2 Refunds. Fees are non-refundable once the Login details have been used on the Portal. Non-use of a Membership or inability of User to access the Portal through no fault of the Company are not grounds for a refund of Fees. There are no refunds of Fees or credits for partially used periods. If the Company issues a refund in its sole discretion, the Company will issue that refund in the form of a credit to the Payment Method used to make the original purchase. The Company will not process refunds in the form of cash, check, or free services. All refunds will be issued within ten days of communication between the User and the Company’s Client Relations department. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances, nor does it require the Company to issue refunds in the future under any circumstance. For all billing inquiries, you may contact support@kinkoncommand.com

10.3 Chargebacks. The Company carefully investigates all chargebacks, and may pursue various methods of challenge, including but not limited to representation, where the Company deems it appropriate to do so. The Company may prevent future purchases with the Portal and its affiliates in the event of a chargeback. Chargebacks as well as any action taken by a User made to unlawfully or unreasonably obtain goods or services from the Portal will constitute a breach of contract and will not be tolerated. The User will remain responsible for the consequences and expenses caused by such a breach of contract.

11. Intellectual Property Rights

11.1 Ownership. The Company owns and operates the Portal. All content, features, functionality, and other materials found on the Portal, including all visual interfaces, graphics, information, software (including source code and object code), text, displays, images, photos, videos, and audio, and the design, selection, and arrangement of them (collectively, “Materials“) are owned by the Company, its licensors, or other providers of those Materials. United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws protect all Materials found on the Portal.

11.2 License Grant. Subject to this agreement and any supplemental terms mentioned herein, the Company hereby grants you a single, limited, personal, non-transferable, nonsublicensable, non-exclusive license (i.e., a personal and limited right) to access and use the Portal for the sole purpose of accessing the Materials in the manner provided for your personal, non-commercial use only. You must not reproduce, distribute, resell, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Materials on the Portal, except as follows:

(a) Your computer may temporarily store copies of those Materials in RAM incidental to your accessing and viewing those materials.

(b) You may store files that are automatically cached by your Web browser for display enhancement purposes.

(C) If the Company provides social media features with certain content, you may take those actions as are enabled by those features.

12. License Restrictions

12.1 You must not:

(a) Download any Materials unless the Portal itself gives you that option and in accordance with section 9.

(b) Modify copies of any Materials from the Portal.

(c) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

(d) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Materials from the Portal.

12.2 You must not access or use for any commercial purposes any part of the Portal or any services or Materials available through the Portal.

12.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Portal in breach of this agreement, your right to use the Portal will stop immediately, and you must, at the Company’s option, return or destroy any copies of the Materials you have made. As between you and the Company, the Company retains all right, title, and interest in all intellectual property rights in the Portal and its Materials. No interest in or to the Portal or any Materials on the Portal is transferred to you other than your limited rights under this agreement, and the Company reserves all rights not expressly granted. Any use of the Portal not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws. The Company reserves the right to terminate the license granted under section 12.2 at any time if the User breaches this agreement.

12.4 Trademarks. The Company’s name and logo; the term KinkOnCommand; the Portal’s logo; and all related names, domain names, logos, product and service names, designs, and slogans, as well as the Portal’s look and feel, including all page headers, custom graphics, button icons, and scripts are trademarks or trade dress of the Company, its affiliates, or licensors. You must not use those marks in whole or in part in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits the Company, without first obtaining the Company’s prior written permission. Any use of these marks must be under any guidelines that the Company may provide you from time to time. All other service marks, trademarks, trade names, logos, product and service names, designs, and slogans on this Portal are the marks of their respective owners. Reference on the Portal to any products, services, processes, or other information-by trade name, trademark, manufacturer, supplier, or otherwise-does not constitute or imply the Company’s endorsement, sponsorship, recommendation, or any other affiliation.

13. Prohibited Uses

13.1 You must use the Portal only for lawful purposes and under this agreement. You must not use the Portal:

(a) In any way that violates any applicable federal, state, local, or international law or regulation (including any laws about exporting data or software to and from the US or other countries), or in any way that does not comply with any supplemental terms including, but not limited to, the AI Roleplay Prohibited Use Policy.

(b) To exploit, harm, or to try to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.

(c) If the Portal enables Users to share information with third parties, the User will not submit, publish, or display any obscene, defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of material violating any federal, state, or local law is prohibited and is a breach of this agreement. The Company will not be liable for any information posted by Users on the Portal. The Company is not required, but reserves the right, to edit material posted by the User on the Portal. The User hereby grants the Company an unlimited, worldwide, royalty-free license to collect, store, and disclose all material posted by the User on the Portal.

(d) To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

(e) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the preceding).

(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Portal, or which, as the Company determines, may harm the Company or the Portal’s users or expose them to liability.

13.2 Additionally, you must not:

(a) Use the Portal in any manner that could disable, overburden, damage, or impair the Portal or interfere with any other party’s use of the Portal, including their ability to engage in real-time activities through the Portal.

(b) Use any robot, spider, or other automatic device, process, or means to access the Portal for any purpose, including monitoring or copying any Materials.

(c) Use any manual process to monitor or copy any of the Materials or for any other unauthorized purpose without the Company’s prior written consent.

(d) Use any software or process to record, download or rebroadcast any Materials.

(e) Use any device, software, or routine that interferes with the proper working of the Portal.

(f) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

(g) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Portal, the server on which the Portal is stored, or any server, computer, or database connected to the Portal.

(h) Attack the Portal via a denial-of-service attack or a distributed denial-of-service attack.

(i) Otherwise attempt to interfere with the proper working of the Portal.

14. Changes to the Portal. The Company may update the Portal’s Content and Materials from time to time, but its content is not necessarily complete or up to date. Any of the Portal’s Materials may be out of date at any given time, and the Company is not required to update those Materials. The Company reserves the right to modify any Materials or the Portal without your prior notice or consent.

15. Information About You and Your Visits to the Portal. For information about how the Company collects, uses, and shares your personal information, please review the Privacy Policy.

16. Links from the Portal. If the Portal contains links to other sites and resources provided by third parties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Portal, you do so entirely at your own risk and subject to the terms of use for those third-party sites.

17. Warranty Disclaimers

17.1 You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet or the Portal will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Portal for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus, or other harmful material that might infect your computer due to your use of the Portal or any services or items obtained through it.

17.2 You use the Portal, its content, and any services or items obtained through it at your own risk. The Company provides the Portal, its content, and any services or items obtained through it “as is” and “as available.” The Company is not making any warranty, whether express, implied, statutory, or otherwise, including any warranty of merchantability, title, non-infringement, security, and fitness for a particular purpose. The Company is not making any warranty (1) that the Portal, its content, or any services or items obtained through it will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Portal or the server that makes it available are free of viruses or other harmful components; or (4) that the Portal or any services or items obtained through it will otherwise meet your needs or expectations. No advice or information, whether oral or written, obtained from the Company, the Portal, or elsewhere will create any warranty not expressly stated in this agreement.

18. Limit on Liability; Release

18.1 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any of the following:

(a) Errors, mistakes, or inaccuracies of Materials;

(b) Personal injury or property damage resulting from your access to and use of the Portal, the Services, or the Materials;

(c) Materials or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, defamatory, libelous, abusive, invasive of privacy, or illegal;

(d) Unauthorized access to or use of the Company’s servers and any personal or financial information stored in them, including unauthorized access or changes to your account, transmissions, or data;

(e) Interruption or cessation of transmission to or from the Portal;

(f) Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Portal by any person or that might infect your computer or affect your access to or use of the Portal, your other services, hardware, or software;

(g) Incompatibility between the Portal and your other services, hardware, or software;

(h) Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Portal; or

(i) Loss or damage incurred because of the use of any Materials posted, emailed, sent, or otherwise made available through the Portal.

18.2 You hereby release the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers from all liability arising out of the conduct of other users or third parties, including disputes between you and one or more other users or third parties.

19. Exclusion of Damages; Exclusive Remedy

19.1 Unless caused by gross negligence or intentional misconduct, the Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Portal or its content. This exclusion applies regardless of the theory of liability and even if you told the Company or it knew or should have known about the possibility of damages.

19.2 The Company, its directors, officers, employees, agents, subsidiaries, affiliates, licensors, content providers, and service providers will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Portal or the content. This exclusion applies regardless of the theory of liability and even if you told the Company or it knew or should have known about the possibility of damages.

19.3 If you are dissatisfied with the Portal or the Services or have any other complaint, your exclusive remedy is to stop using the Portal and the Services. The Company’s maximum liability to you for any claim will not exceed the greater of $200 and the amount you have paid to the Company for the applicable purchase out of which liability arose, even if that remedy fails of its essential purpose.

20. Waiver of California Civil Code Section 1542-California Residents Only. For the releases of liability set out in this agreement, you acknowledge that you understand the consequences of entering into the general release and discharge of all known and unknown claims as stated in this agreement and that you are familiar with the provisions of section 1542 of the California Civil Code, which provides that:
    
    A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
    
    You waive all rights under section 1542 and any other federal or state statutes or laws of similar effect.

21. Scope of Disclaimers, Exclusions, and Limitations. The disclaimers, exclusions, and limitations stated in sections 18, 19 and 20 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limitations might not apply to you.

22. Indemnification

22.1 In General. You will pay the Company, its directors, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (“Indemnified Parties“) for any loss of an Indemnified Party that is caused by any of the following: (a) your access of or conduct on the Portal; (b) your breach of this agreement; (c) your violation of rights of any person, including intellectual property, publicity, and privacy rights; (d) your violation of any applicable law; (e) your tortious acts or omissions; or (f) your criminal acts or omissions. But you are not required to pay if the loss was caused by the Indemnified Party’s intentional misconduct.

22.2 Definitions. “Loss” means an amount that the Indemnified Party is legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.

22.3 Indemnified Party’s Duty to Notify. The Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to timely notify you does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.

22.4 Legal Defense of a Claim. The Indemnified Party has control over defending a claim for a loss (including settling it) unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party will cooperate in good faith on a claim.

22.5 No Exclusivity. The Indemnified Parties’ rights under this section 23 do not affect other rights they might have.

23. Governing Law and Jurisdiction

23.1 Delaware law governs all adversarial proceedings arising out of this agreement or access or use of the Portal. This agreement’s predominant purpose is providing services and licensing access to intellectual property and not a “sale of goods.” The United Nations Convention on Contracts for the International Sale of Goods will not govern this agreement, the application of which is expressly excluded.

23.2 Except for disputes subject to arbitration, all disputes arising out of or relating to the Portal or this agreement will be subject to the exclusive jurisdiction and venue of the courts of the state of Delaware. Each party hereby submits to the personal jurisdiction of the courts of the state of Delaware, to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.

24. Dispute Resolution and Binding Arbitration

24.1 Arbitration

(a) You and Pico Entertainment LLP. are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and the Company arising from or relating in any way to your use of the Portal or the Services, will be resolved exclusively and finally by binding arbitration.

(b) Arbitration Resolution Services, Inc. (ARS) (or a similar online dispute resolution provider if ARS is not available) will administer the arbitration under its rules available at www.arbresolutions.com, then in effect, except as modified by this section 25.1. The Federal Arbitration Act will govern the interpretation and enforcement of this section 25.1. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the Prevailing Party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide the Company with written notice of your intention do so within 60 days of the date your claim arose. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

(d) You agree to an arbitration on an individual basis. In any dispute, neither you nor Pico Entertainment LLP. will be entitled to join or consolidate claims by or against other Users in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

(e) If any provision of this section 25.1 is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

24.2 Recovery of Expenses. In any proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the Prevailing Party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the Prevailing Party incurs in those proceedings, including legal fees and expenses. For purposes of this section 24.2, “Prevailing Party” means, for any proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the Prevailing Party. If any proceedings are voluntarily dismissed or are dismissed as part of the settlement of that dispute, neither party will be the Prevailing Party in those proceedings.

24.3 Jury Trial Waiver. Each party waives its right to a jury trial in proceedings arising out of or relating to this agreement. Either party may enforce this waiver up to and including the first day of trial.

24.4 Limitation on Time to Bring Claims. A party will not bring a claim arising out of or relating to the Portal or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.

25. General

25.1 Entire Agreement. This agreement constitutes the entire agreement between you and the Company about your use of the Portal and the Services and supersedes all earlier or contemporaneous agreements between you and the Company about your access to and use of the Portal and the Services. Any additional terms on the Portal will govern the items to which they pertain.

25.2 Assignment and Delegation. The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s prior written consent. Any attempted assignment of rights or delegation of performance in breach of this section 26.2 is void.

25.3 Waiver. If the Company fails to exercise or enforce any right or provision of this agreement, it will not constitute a waiver of that right or provision. Any waiver of any provision of this agreement will be effective only if in writing and signed by the relevant party.

25.4 Severability. If any part of this agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.

25.5 Notices

(a) Notice to the Company. You may notify the Company by email at support@kinkoncommand.com unless a specific email address is given for providing notice. The Company may change its contact information on one or more occasions by posting the change on the Portal. Please check the Portal for the most current information for notifying the Company.

(b) Notice to You-Electronic Notice. You consent to receive any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Portal chosen for this purpose. You state that any email address you gave the Company for contacting you is a valid email address for receiving notice.

25.6 Force Majeure. The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including (a) acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; (b) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (c) fiber cuts; (d) strikes or shortages in transportation, facilities, fuel, energy, labor, or materials; (e) failure of the telecommunications or information services infrastructure; and (f) hacking, SPAM, or any failure of a computer, server, network, or software.

25.7 No Third-Party Beneficiaries. Except for the Indemnified Parties, who are third-party beneficiaries of section 23 of this agreement having the right to enforce section 23, this agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

25.8 Relationship of the Parties. This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither party is the agent for the other, and neither party may bind the other on any agreement with a third party.

25.9 Binding Effect. This agreement benefits and binds the parties and their respective heirs, successors, and permitted assigns.

25.10 Electronic Communications Not Private. The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Portal to send or receive messages that you only intend the sender and named recipients to read. Users or operators of the Portal may read all messages you send to the Portal regardless of whether they are intended recipients.

25.11 Electronic Signatures. Any affirmation, assent, or agreement you send through the Portal will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

25.12 Consumer Rights Information-California Residents Only. This section 26.12 applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:

Pico Entertainment LLC.

8 The Green Ste A

Dover Delaware 19901

Users who want to gain access to the members-only area of the Portal must be a member in good standing. The Company posts the current Fees for the Portal on the registration page. The Company may change the Fees at any time. Users may contact the Company at support@kinkoncommand.com to resolve any billing disputes or to receive further information about the Portal.

25.13 Complaints-California Residents Only. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.

25.14 Feedback. The Company encourages you to provide feedback about the Portal or the Services. But the Company will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

25.15 Complaint Policy. The Company has a complaint process that allows you or anyone to report to the Company any conduct of a user that may be illegal or that otherwise violates this agreement. If you have a complaint about the Portal, please send your complaint to support@kinkoncommand.com, including your name, address, contact details, a description of your complaint. If you ca

nnot contact the Company by email, please write to the Company at the address identified in section 26.16. After receiving your complaint, (a) the Company will take those steps as the Company considers to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint (the Company will review and resolve all reported complaints regarding content that may be illegal or otherwise violate credit card association standards within seven business days); (b) if the Company requires further information or documents from you, the Company will contact you to let you know; and (c) the Company will in good faith take those actions as it considers appropriate to deal with the issue that your complaint has raised. The Company is not required to inform you of the outcome of your complaint. You state that you will not make any complaint under this section 26.15 that is wholly unjustified, abusive, or made in bad faith. If the Company determines that you have breached this warranty, the Company may suspend or terminate your account.

26.16 Your Comments and Concerns. The Portal is operated by Pico Entertainment LLP., 8 The Green Ste A, Dover Delaware 19901. All abuse notices, including alleged child sexual abuse material (CSAM), should be directed to support@kinkoncommand.com. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Portal to us at support@kinkoncommand.com.