In consideration of the mutual promises contained in this Agreement and for other good and valuable consideration, the sufficiency of which is expressly acknowledged, this Agreement is hereby entered into by and between a visitor to theartofsubmission.com (hereinafter “you” or “your”), SLS Resources, LLC (“we,” “us,” or “our”), a Nevada limited liability company. This Agreement governs the terms and conditions under which you may use the website described below and the services provided by us. Your acceptance of this Agreement is a necessary prior condition to your permitted access to theartofsubmission.com. You are denied the permission of its lawful owner to visit the artofsubmission.com unless you have accepted this agreement and its owner shall consider your visit to amount to a computer trespass without your prior acceptance of this Agreement. This Agreement shall expire as whenever you cease continuously accessing the pages of this site, though some provisions contained in this Agreement survive its termination.
1. Scope and Purpose of Agreement
This Agreement governs your use of the theartofsubmission.com website (hereinafter referred to as the “Site”) and all of the pages, galleries, listings, communication channels, and search facilities which are or may be made available by it. It sets forth your rights and obligations as a visitor, user and it states important and material promises and assurances which you make to us. It also states the terms under which we provide the services and information on the Site to you. You should read this Agreement carefully because it limits your permissible use of the Site and because the promises and assurances which you make to us are a critical part of our relationship. This is a legal contract between you and us.
2. Your Rights, Obligations, and Warranties
Under this Agreement, you have [and are hereby granted] only a limited, freely revocable license to use the Site for the duration of your visit to it as specified in this Section and you have certain obligations to us, as specified in this Section and throughout this Agreement. As a condition of this License and your use of the Site, you have made promises to us and given us assurances that are critical to the relationship between us. Those promises and assurances are also set forth in this Agreement.
A. Use of Site
Under this Agreement, you are authorized to visit the Site, to view its contents and to use any of its facilities only as they may be described as “free” and/or intended for those who have not entered into a compensated relationship with us. You are not granted any permission to copy or reproduce any of the content of the Site.
a. Purpose of Site
The Site is exclusively intended to lawfully provide you with information about persons who and entities which may provide you with her, his, or its own, separate commercial entertainment services of an exclusively lawful character. The Site does not provide any service except the operation of this website in order to provide you with information about those separate and independent providers of lawful services who use this Site to advertise. Their services advertised by service providers described or advertised on this Site are not ours, and we make no promises or warranties about their nature or quality. You should use the information provided by the Site together with your own research and your own judgment in determining whether and how you decide to do business with any person or entity discussed, described, or advertised on the Site.
b. Restrictions on Use
Under no circumstances may you use the Site or the services provided by us in violation of any of the following use restrictions.
i. Illegality and Tortious Conduct
You may not use the Site or any of its facilities or any information or service provided by us for any criminal or tortious purpose or to any such effect. Nor may you—on the Site, through any of its facilities, or otherwise in any manner with any person whose contact information appears on this Site —request, solicit, enable, encourage, or promote any crime or tort including, without limitation, illegal prostitution, unlawful drug use, fraud, money laundering, kidnapping, illegal trafficking, or any travel or inducement which is illegal for you or for others with whom you are involved. You may not engage in any illegal or tortious activity with or involving any other person whom you meet or learn about through the Site or any of its facilities, nor will you request, solicit, enable, encourage, or promote the same with any such person. You may not use any “code words” appearing to transparently or otherwise disguise, elude or evade the detection of a proposal of an illegal transaction. You may not violate anyone’s copyright, trademark, right of publicity, or personal privacy. You agree that you will not engage in any illegal or tortious activity with or involving any other person whom you meet or learn about through the Site or any of its facilities and that you will not use the services of this Site to propose, conspire for or transact it.
ii. Fraud and Mischaracterization
You may not use the Site or any of its facilities to defraud us or anyone else in any manner. You may not use the Site or any of its facilities to convey or advance any false or misleading information or claim, nor may you—on the Site or through any of its facilities—misrepresent yourself or impersonate any other person
iii. Harassment and Related Misconduct
You may not use the Site or any of its facilities to harass, intimidate, extort, blackmail, or unreasonably annoy any other person or persons. Nor may you—on the Site or through any of its facilities—defame any other person or persons or cast him, her, or them in a false light or subject anyone to ridicule or to any other unreasonable abuse. You may not use the Site or any of its facilities to convey any racist, sexist, or invidiously discriminatory attack or message, whether directed to one or more persons individually or to a more general audience. With respect to this rule, we may establish and enforce rules of decorum or enforce plain civility for the Site as we may determine in our sole discretion at any time without prior notice or warning..
iv. Interference with Site Operations
You may not use the Site or any of its facilities in a manner which interferes with the use of the Site or of our services by any other person or persons. Nor may you alter or delete any material posted on the Site or through any of its facilities by any person other than yourself. You may not use the Site or any of its facilities to originate, disseminate, or in any way propagate any digital virus, Trojan horse, cookie, or other malware. Nor may you access the Site or any of its facilities in any unauthorized manner, including without limitation by spidering or other automated access, by accessing areas of the Site or by using our services to which you are not entitled under this Agreement, by reverse engineering the Site or any of its facilities, or by interfering with any of the software which we use to operate the Site or any of its facilities.
v. Similar Misconduct
You must—when visiting or using the Site and in connection with any service provided by us—refrain from all misconduct similar to the foregoing and from any other unreasonable use of the Site or any of its facilities. With respect to this rule, we may establish and enforce rules of decorum or enforce plain civility for the Site as we may determine in our sole discretion at any time without prior notice or warning.
vi. Copyright Restrictions. You may not download, store, save, transmit, stream, distribute, share, perform, display, or otherwise use any of the text or graphic contents of this website nor any code, programming, or script associated with it.
In order for us to provide services to you and to permit you access to the Site, we must rely on the following warranties (i.e. legally binding assurances which you make to us). These warranties are material to the contract between you and us and go to the essence of this Agreement. Do not sign this Agreement unless every one of them is true. You cannot obtain our permission for your access to this Site unless each and every one of these representations to us is true; the consequences of fraudulently misrepresenting the truth of these matters to us are that our permission to your access is void and that your access to this Site amounts to a computer trespass upon our servers. Computer trespass is a crime in many jurisdictions.
You warrant to us that you have attained the age of eighteen years. You further warrant to us that you are not a minor nor under any other legal disability under the law which applies to you as a result of your domicile or the place or places from which you access or will access the Site.
b. Exclusively Personal use
You warrant to us that your purposes in visiting and using the Site are lawful, personal to you, exclusively for the bona fide purpose of locating the providers of exclusively lawful entertainment services and that they are not related to your business or occupation. You specifically disclaim any journalistic, research, or investigative intent, motivation or purpose; You specifically disclaim that your access is made for the benefit of, at the request of, or on behalf of any other person, customer, or client, or any business entity, organization, agency, bureau, authority, department, commission, force, or government; and you specifically disclaim that you are acting as the agent, servant, employee, attorney, partner, officer, or director of any other person, entity, government or governmental department, agency, force, authority, commission, office, or bureau. You further warrant to us that you will not disclose to or permit anyone else to learn your user password or other user account information and that you will not allow any minors to access the Site or any information which you may obtain from the Site or from any services provided to you by us.
D. Cooperation, Indemnity, and Hold Harmless
Upon our reasonable request—and without any compensation to you, beyond reimbursement for your reasonable out-of-pocket expenses as previously disclosed to us and approved by us—you shall cooperate with us in each of the following ways:
i. Answer Questions
You shall provide a truthful written response to any inquiry we may make to you in connection with the operation of the Site or the provision of our services.
ii. Execute Documents
You shall execute any truthful written documents required by any court or tribunal or reasonably required by us in order to effect your cooperation with us, to investigate into facts and circumstances, to defend ourselves against allegations of misconduct, to enforce this Agreement, or for any other lawful purpose.
iii. Produce Documents
You shall produce any documents or other things as required by a tribunal or as reasonably required by us.
iv. Participate in Proceedings
You shall participate in any legal proceeding or portion of a legal proceeding arising under this Agreement from the operation of the Site or the provision of our services, giving truthful testimony and providing documents or other tangible things, and/or providing other truthful answers as required or as may be useful or convenient to our defense in trials, hearings, depositions, or interrogatories.
For the purposes of this subsection 2(D)(a), the term “legal proceeding” includes any arbitration proceeding commenced under Section 4(C)(a) of this Agreement or otherwise properly commenced, and the term “out-of-pocket expenses” does not include your attorneys’ fees.
b. Indemnity and Hold Harmless
You shall hold and save us harmless from and insure us against any legal claim or action arising in any way from your use or misuse of the Site or of our services or from the warranties which you have made to us under this Agreement. On any matter as to which you shall hold and save us harmless, you shall pay any judgment or arbitration award entered against us or any reasonable settlement which we enter into. On any matter as to which you shall hold and save us harmless, you shall pay the reasonable attorneys fees of our counsel, of our choosing, and we shall control the litigation on our own behalf.
3. Our Authority and Obligations – Warranties – Privacy
We have no obligations to you to maintain this Site nor any of its content or services. This Agreement provides you a revocable license to access it which is terminable in our sole and absolute discretion at will, for any reason or for no reason.. The services of this site and your access to it may be terminated, without prior notice, in our sole and absolute discretion at any time.
A. Operation of the Site, Alteration of Structure and Policies
We may exercise our sound discretion and apply our business and other judgment in the design, marketing, operation, and maintenance of the Site and its facilities and in our provision of services to you and to others. We may alter, amend, or discontinue any portion of the Site or any aspect of the services we provide in our sole discretion. We may, in our sole discretion, add additional functionality to the Site or expand the services which we provide to you or to others. We may alter the terms and conditions under which the Site may be used by you or others, amending the permissible use policies and, where necessary, amending this Agreement under Section 4(B) hereof. We shall also exercise our sole discretion in determining the number and identity of the persons who advertise their service on the Site and through its facilities. The number of such persons may decrease from time to time without prior notice to you. You may not claim any compensation from us on account of any of the foregoing changes, but you are always free to decide not to enter another Agreement with us after this Agreement expires.
C. Limitation of Liability and Disclaimer of Warranties
You shall use the Site and all of its facilities and receive services from us AS IS AND AT YOUR OWN RISK. We do not guarantee the accuracy of the information which you may receive on the Site or through its facilities, and we make no warranties or guarantees concerning the nature or quality of the services provided by those who advertise on the Site.
You understand and agree that we may, from time to time, include information of the Site which is provided for entertainment purposes and which is not intended to be and may not be accurate, true, complete, and non-misleading. We shall not be liable or otherwise responsible to you or to any other person for any errors or misinformation which may appear on the Site, for any defects in the operation of the Site, or for any lost profits or consequential damages arising from your use of the Site or any of its facilities or of any of our services.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DAMAGES TO YOU—DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL—A) ARISING FROM THE USE OF THE SITE OR ANY OF ITS FACILITIES OR OF OUR SERVICES, OR B) RESULTING FROM THE USE OR MISUSE OF ANY INFORMATION WHICH YOU OR ANYONE ELSE RECEIVED FROM THE SITE, OR C) ON ACCOUNT OF ANY ASPECT OF ANY TRANSACTION OR COURSE OF CONDUCT BETWEEN YOU AND ANY OTHER PERSON WHO HAS ADVERTISED ON OR OTHERWISE USED THE SITE, EVEN IF YOU HAVE INFORMED US OF THE POSSIBILITY OF SUCH DAMAGES.
We shall not be responsible to you for the failure, as a result of force majeure or otherwise beyond our reasonable ability to control, of any component of the Internet or of the Site or any of its facilities, for delays or interruptions of Site operations, or for theft or inadvertent loss of computer files, including information about you and other users of the Site. Nor shall we be responsible to you or to anyone else for any damage to any or your computers, related equipment, or other digital or communications devices, or those of others, resulting from the use of the Site or any of its facilities.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND—WHETHER EXPRESS OR IMPLIED—INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SITE WILL ALWAYS CONTAIN TRUE, COMPLETE, AND USEFUL INFORMATION, AND INDEED WE MAY FROM TIME TO TIME PROVIDE INFORMATION ON THE SITE FOR ENTERTAINMENT PURPOSES WHICH IS NOT TRUTHFUL OR ACCURATE, BUT IN FACT MAY BE FICTIONAL. WE MAKE NO WARRANTY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU AGREE THAT YOU WILL USE THIS SITE AS IS AND THAT YOU WILL BE RESPONSIBLE FOR ANY AND ALL LOSSES TO YOU RESULTING FROM YOUR USE OF THE SITE AND OF INFORMATION OBTAINED FROM THE SITE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE WAIVER OR EXLUSION OF CERTAIN WARRANTIES, INCLUDING A WAIVER OF CONSEQUENTIAL DAMAGES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
D. Waiver of Rights Under California Law.
If you are a resident of the State of California, you hereby waive any and all rights you may have under Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
E. LIQUIDATED DAMAGES.
You and we hereby agree that, with respect to losses which may arise from our breech of this Agreement, it is difficult to predict and to quantify such damages, otherwise proper under this Agreement at the time this Agreement is executed or may be enforced. For this reason, you and we hereby agree that any damages awarded to you by any arbitrator, arbitration tribunal, or court shall be liquidated and limited in amount to the payment of Ten Dollars ($10.00).
In operating this website, we collect NO PERSONALLY-IDENTIFIABLE information about those who use this website and its services UNLESS A VISITOR EMAILS US.
If visitor emails us, we will save the email which will contain his or her email address and technical header information, a message header, and message content. We may use any or all of that information for any reasonable commercial purpose.
We also use a “tracker” that identifies the visitors to the site in a non-individually-identifiable manner. This tracker will provide the IP from which the site was accessed and sometimes information about the geographical location from which it was visited, the time and duration of the visit, the operating system employed and browser, the identity of a referring site, and the pages visited on the Site. We use that information, in the aggregate, to make decisions about the organization of the site, search engine optimization, and in setting rates and prices for advertising.
We will share the foregoing information with our staff, agents, and attorneys as necessary to conduct our business properly and to operate this website effectively, and with partners, contractors, and business associates of our choosing for any lawful business purpose.
4. Interpretation, Operation, and Amendment
A. Complete Integration
This Agreement constitutes the entire understanding and all of the agreements, promises, and warranties between you and us. All prior or contemporaneous proposals, understandings, expectations, agreements, promises, patterns of dealings, and warranties are merged into and contained in this document, and none survives or is enforceable except as contained in this Agreement. This Agreement may be amended or modified only according to its express terms.
C. Construction and Enforcement
Any dispute arising under this Agreement, from the warranties stated in this Agreement, from the use of the Site, or from the provision of our services shall be exclusively resolved by arbitration conducted by the American Arbitration Association, under its rules for the resolution of commercial disputes, in New York City. Unless all parties agree to a lesser number, arbitration proceedings under this Agreement shall be submitted to a panel of three arbitrators. Each party shall cooperate fully with the proper requests of any arbitrator or arbitration panel deciding any dispute or disputes under this subsection. To the extent permitted by the governing law, the costs of arbitration shall be assessed against each party who does not substantially prevail, and the arbitrator or arbitration panel is authorized to itemize and to so assess the costs of arbitration.
b. Applicable Law and Exclusive Choice of Forum
This Agreement shall be construed according to the laws of the State of New York.
c. Attorneys’ Fees
In any arbitration or lawsuit arising under this Agreement, the arbitrator, arbitration panel, or the court, as the case may be, shall award to the prevailing or substantially prevailing party, in addition to other appropriate relief and in addition to costs, the reasonable attorneys’ fees expended by said party in connection with the arbitration and/or lawsuit.
If any portion of this Agreement is finally determined by a tribunal of competent jurisdiction to be invalid or unenforceable or if any portion of this Agreement becomes invalid or unenforceable because of a change in the applicable law, the remainder of this Agreement shall remain fully enforceable and shall be construed as if the invalid or unenforceable portion or portions had never been a part of this Agreement.
5. Assignment and Termination
You may not assign any rights or any obligations under this Agreement to any other person without our prior written consent, which we may withhold in our sole discretion. Absent extraordinary circumstances, we will withhold our consent to any assignment in favor of termination of this Agreement and execution of a new agreement with any proposed transferee. Even so, we will not ordinarily consent to any transfer at all given the sort duration of this Agreement. We may assign our rights and obligations under this Agreement as necessary to accomplish any sale, bulk transfer, merger, or acquisition or any other lawful change in our business structure.
This Agreement shall, as it may be amended from time to time, remain in full force and effect between you and us from and after the date you affix your digital signature and continuously access this Site. When you cease continuously accessing this website for any reason, this Agreement and any License it contains shall terminate between you and us.
6. Digital Signatures
Your acceptance click on the page which brought you to this Agreement is intended as your digital signature for all purposes as though you had signed your signature on paper at this point in this Agreement, were it so rendered and printed on paper.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254