TERMS OF SERVICE
1. INTRODUCTION: This website, http://premierepick.com, including its sub-domains, all websites, pages, and feeds therein and all associated mobile and computer apps (individually and collectively, the “Service”), as well as all materials, goods, and/or services provided via the Service, are offered, published, and maintained by Premiere Pick, LLC (“Company”). Please read the following terms of service (“Terms”) fully and carefully before accessing, displaying, or using the Service, including submitting any information to the Service and making any financial transactions via the Service. These Terms exclusively govern the use of the Service by users and visitors (“you”, “your”) and constitute a legally binding agreement between Company and you. By accessing or using the Service or taking a similar action to signify your affirmative acceptance of these Terms (including setting up an Account, as defined below), you unconditionally accept and agree to be bound by the Terms and your access to the Service is good and valid consideration for the foregoing. If you are entering into these Terms on behalf of a company or other legal entity or individual, your acceptance represents that you have the authority to bind such third-party. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND AN APPLICABLE THIRD PARTY, THEN COMPANY IS UNWILLING TO GRANT YOU RIGHTS TO ACCESS AND USE THE SERVICE. 2257 Disclosure Statement – PREMIERE PICK The following is an acknowledgement that Company complies with the requirements of 18 U.S.C. §§2257, 2257A, and/or 28 C.F.R. §75 (“Section 2257”). All actors, actresses, performers, and other persons that appear or are visually depicted in any content found of the Service, including in connection with any actual or simulated sexually explicit conduct, were over the age of eighteen (18) years old at the time the recording or image was produced. Company maintains records required for all such adult content and other sexual depictions or conduct and the same are on file with Company’s appropriate records custodian pursuant to Title 18 U.S.C. §2257 and 28 C.F.R. §75, et seq. Notwithstanding the foregoing, all other visual depictions (i.e., not adult or sexual content or otherwise required by Section 2257) displayed on the Service are exempt from Section 2257 because: (1) they do not portray conduct listed in 18 U.S.C §2256 (2)(A) (i) through (iv); (2) they do not portray conduct as listed in 18 U.S.C. §2257A produced after March 19, 2009; (3) they do not portray conduct in 18 U.S.C. §2256(2)(A)(v) produced after March 19, 2009; (4) the visual depictions were created prior to July 3, 1995; or (5) Company does not act as a “producer” (as that term is defined in 28 C.F.R. §75.1(c)) with respect to the distribution of such
exempt content, images, or recordings. In connection with the foregoing, Premiere Pick is the title of this work for purposes of this section. All records Company maintains pursuant to the foregoing and required to be maintained by law will be made available to authorized inspectors at the following location: 7643 Gate Parkway, Suite 104-965, Jacksonville, Florida 3225.
2. EFFECTIVE DATE: The Terms are effective as of, and were last updated on, June 26, 2023.
3. PRIVACY POLICY: Company’s privacy policy, a copy of which is available at http://premierepick.com/privacy is incorporated into these Terms by reference. The Privacy Policy sets out, among other things, the terms on which Company processes any Personal Data (as defined in Company’s privacy policy) Company collects from you, or that you provide to Company. As further set forth in the privacy policy, any personal information which Company collects on the Service will be stored and processed in Company’s servers located in the United States. If you reside outside the United States, you consent to the transfer, storage, and processing of personal information outside your country of residence to the United States.
4. YOUR AGE: If you are under 18 years of age, you are required to receive parental consent to use the Service at all times. In such an event, your parent or legal guardian is responsible for any and all activity you engage in on the Service at all times and is considered the ‘user’ of the Service under these Terms. By using the Service, you affirm you are over the age of 18 years old. No part of the Service is directed to or targets children younger than 18 years of age, and children younger than 18 years old are not permitted to use the Service. Company strongly urges all parents and legal guardians to monitor the Internet use of their children. Parents should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from accessing or submitting information online without parental permission. If Company learns that Company has collected Personal Data of a minor younger than 18 years of age, Company will take steps to delete such information from Company’s files as soon as commercially reasonably possible. Please see http://premierepick.com/privacy. Please direct any inquiries related to the following to privacy@premierepick.com.
5. ACCOUNTS: To use certain features of the Service, you may be required to register for an account (“Account”). In such an event, you may be able to register for an Account directly on the Service and/or, if applicable, by logging in to an authorized media account (such as authenticating via Apple or Google). Company reserves the right to amend which vendors and social media accounts can be used to access the Service at any time. You agree that all information that you submit during the Account signup or log-in process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful and you agree to keep it up to date. Please review Company’s privacy policy, see http://premierepick.com/privacy. to learn more about the information Company collects and more information about what information a third party Account authenticator collects (which may include your driver’s license or passport to verify your age and/or identity). Additionally, with the exception of people or businesses that are expressly authorized to create accounts on behalf of their selves or clients, Company prohibits the creation of, and you agree that you will not, create an account for anyone other than yourself, as well as if you previously held an account with Company, you confirm that any prior accounts were not suspended or terminated by Company because you previously violated these Terms or other Company policies or requirements. You acknowledge that your Account is unique and personal to you and you are responsible for maintaining the security of, and restricting access to, your account and password. You agree to accept responsibility for all purchases and other activities that occur under your Account. You are solely responsible for ensuring that all persons who access the Service via your Account are familiar with these Terms and that they will comply with them. Without limiting the foregoing, this includes if you are a content contributor to the Service and have an agent, assistant, personal or professional manager, or other representative which assists you with the operation or otherwise of your Account, this does not affect your individual and personal legal responsibilities under these Terms. You agree not to attempt to access your account by any means other than the interface Company specifically provides. You agree not to attempt to access your Account through automated means. If you know or suspect that anyone other than you knows your password or there has been a different breach of security in your Account, you must promptly notify Company at privacy@premierepick.com
You will have the ability to delete your Account, either directly through the Service or through a written request made to privacy@premierpick.com. You understand that upon deletion of your Account, you may lose the right to access or use all or part of the Service. Please see Company’s privacy policy for additional information regarding how Company will maintain your personal information and/or data in the event of deletion, http://premierepick.com/privacy. Notwithstanding anything to the contrary contained herein, Company reserves the right to disable, suspend, or terminate your Account, at any time, for any reason in Company’s sole discretion, including if you fail to comply with these Terms.
6. COMPANY’S INTELLECTUAL PROPERTY: As between you and Company, all right, title, and interest in and to the Service and its contents, including all content, graphics, images, materials, text, and videos, along with the selection, coordination, arrangement, and organization of the Service (individually and collectively, “Content”) is owned and/or controlled entirely by Company and protected under copyright and other similar intellectual property laws. Company’s name, logo(s), and overall brand, including the trademark for Premiere Pick,™ are protected under various domestic and international trademark laws. You are not authorized to use Company’s Content, copyrights, whether registered or unregistered, or trademarks without Company’s express written authorization. Without limiting the foregoing, Company acknowledges, as between Company and its users, that User Content (as defined below) is owned and controlled by users who upload such User Content, subject to the licenses contained herein.
7. GRANT OF RIGHTS: Subject to your full compliance with the Terms, Company grants you a limited, non-exclusive, license, and permission to access and use the Service for its intended purposes. You shall not copy, capture, reproduce, remove, transfer, modify, manipulate, create derivative works from or based upon, republish, transmit, distribute, or exploit any Content unless otherwise expressly permitted by these Terms, under Company’s direction or instruction, or as permitted by law. Without limiting the foregoing, you are not authorized to (i) resell, sublicense, transfer, assign, or distribute the Service or content; (ii) modify or make derivative works based upon the Service or Content; (iii) “frame” or “mirror” the Service or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Service for any purpose. Company reserves all rights in the Content. Upon termination of these Terms, all licenses and other rights granted by Company to you in these Terms will immediately cease (for the avoidance of doubt, all of your on-going obligations under these Terms shall survive). You agree that Company may terminate your access to the Service without prior notice.
8. CONTENT MODIFICATIONS: Company may add, change, discontinue, remove, or suspend any Content embodied on the Service, as well as the Service itself, at any time, without notice to you and without any liability. Company reserves the right, in Company’s sole discretion, to change how it operates the Service at any time for any reason whatsoever and to block, moderate, or remove Content at any time in Company’s sole discretion.
Content Review: We will review all content before it is posted for any illegal content or content that otherwise violates our terms and conditions.
9. CREATOR/UPLOADER PAYMENT TERMS: Company is in the business of making connections between users, among other things. By offering the Service, Company strives to offer a platform to content creators and distributors to sell their products to third parties and Company receiving a commission of such qualified purchases. Accordingly, in the event you upload and distribute User Content as part of the Service, or offer any other goods for sale as part of the Service, for which you charge other users of the Service a fee to access or purchase such User Content, you will be charged a Twenty Percent (20%) fee by Company after all applicable taxes. For instance, if you charge another user Ten Dollars ($10.00 USD) plus tax for access to a certain piece of User Content (i.e. a video), Company will be entitled to Two Dollars ($2.00 USD). You will be solely responsible for pricing all of your User Content, as well as offering returns to a purchaser. Company will process payments with third party payment providers, as set forth in greater detail in Company’s privacy policy found http://premierepick.com/privacy . Once payment is received and Company’s share is deducted, your Account will be updated with your share of fees and be made available for you to transfer to your bank account. You will have to have a registered bank account or other payment option within your Account for Company to pay you. Your bank or financial institution may charge you transfer fees, currency conversion fees, or other fees in connection with accessing or processing money paid by Company. Company does not have control over these fees and charges imposed by your financial partners, and without limiting anything herein, Company and its service providers will not be responsible to you for paying any charges imposed by your bank or financial institution. Additionally, in the event Company believes that you have breached these Terms or engaged in other conduct that could harm Company in any way, Company may withhold payments to you of fees earned for so long as it is necessary for Company to review the actual, threatened, or suspected breach of you of these Terms or other occurrence. Company may also withhold payments to you pursuant to law, including in the event liens or other similar encumbrances are asserted against you. You shall be solely responsible for your
own tax obligations and Company will not deduct any taxes from payments made to you unless otherwise required by law. As part of your Account signup process, in order to be a distributor of certain User Content, you
will have to provide Company with requested forms of identification, bank account/payment details (so Company may pay you your share of fees generated from the exploitation of User Content), and other information identified on the Account sign up page. Notwithstanding anything to the contrary contained herein, only people can sign-up for this upload and distribution service, not a company or other entity. Every uploader has personal legal liability to Company in connection with their own distribution of User Content including being legally responsible for ensuring that all User Content you distributes complies with these Terms and any other applicable Company policies.
All transactions between users of the site and distributors are agreements between such parties and NOT Company. While Company facilitates such Transaction by hosting the Service and storing certain User Content, Company is not a party to any agreements that actually or may exist between users of the site and distributors. Please note, Company is not responsible for issues with any such transaction. Without limiting anything herein, you agree that you will indemnify Company for any breach by you of this obligation that causes Company any damages or liabilities as a result of your failure to comply with these Terms. While you control extending your purchasers a return, if a purchaser seeks a chargeback or refund from their bank or financial institution in respect of a payment made in connection with your User Content, we may investigate and deduct from your Account an amount equal to any fees imposed against Company.
10. AGREEMENT BETWEEN USERS: In the event you and another user enter into an Agreement regarding User Content or other product/service offered via the Service, you acknowledge that Company is not a party to such agreement, except that Company may act as a payment intermediary at your election and assist with the distribution of User Content as generally set out in these Terms. If you enter banking or credit information into your Account and make any purchase via the Service, or upload User Content or offer other products or services for sale via the Service, by such actions you authorize Company to act as your payment intermediary regardless if you are a purchaser or seller.
Sellers and purchasers each acknowledge and agree that sellers will sell User Content via the Service pursuant to seller crafted terms that will be visible to purchasers at the time of purchase. Without limiting the foregoing, this may include a maximum view count or weekly/monthly subscription. All purchase terms set by a seller shall be controlling against Seller, unless such terms are in violation of Company’s standard of content as set forth in these Terms. Notwithstanding the foregoing, purchasers and sellers agree that upon a purchaser making a payment to a seller distributing certain User Content or other goods or services, the seller grants
to the purchaser a limited license to access the applicable User Content. This license is non- transferable, non-sublicensable and non-exclusive and permits, in the case of User Content, the purchaser to access and view the applicable User Content on the purchaser’s own personal devices (including to make a temporary copy of such User Content only to the extent such copy is part of normal technical processing, i.e. caching web materials). Sellers and purchasers each agree that all User Content licensed in such capacity remains the property of a seller. In the case a seller is selling a physical product via the Service, or offering other services, the seller will assure the purchaser receives the benefit of their purchase, including shipping any relevant product to the purchaser. Sellers and purchasers agree to consummate and perform each transaction to its finality in good faith, and in the event seller fails to deliver to purchaser, seller will promptly issue a refund. Regardless of the foregoing, in the event your Account, or a seller’s Account, is terminated or suspended, including due to your breach of these Terms or failure of your payment method, you may not have access to the Service, including User Content that you have purchased. Company shall not be responsible to you for any lack of access to your purchases due to your or a seller’s breach of these Terms. Company will reasonably assist you in the event a seller’s Account is terminated or suspended due to a seller’s breach of these Terms, including assisting you secure a pro-rata refund for your purchases not yet effectuated. Any claims that you have against a seller or purchaser shall be subject to the laws of your own jurisdictions, but you each also submit to jurisdiction within the State of Florida, United States, for disputes regarding any purchase made via the Service.
11. USER SUBMISSIONS AND USER CONTENT: Certain aspects of the Service may allow you to submit or contribute materials to Company or the Service, including certain audio, visual, and audio-visual materials, and reviews (“User Content”). By contributing or submitting User Content, directly or indirectly, to Company or the Service, including by ways of emailing Company and filling in web-forms on the Service, you acknowledge that you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Content. You grant to Company an irrevocable, non-exclusive, royalty-free, perpetual, sub- licensable, assignable, transferrable, and worldwide right and license, without any obligation or liability to you whatsoever, to use User Content in any and all media in any format now known or hereinafter created, including the right to display, distribute, edit, exploit, modify, publicly perform, publish, reproduce, create derivative works, or otherwise use User Content: (i) as part of offering the Service, including permitting other users to access User Content; (ii) for the purposes of improving the Service and Company’s goods and/or services; and (iii) for Company’s own advertising and promotional purposes. For the avoidance of doubt, you will be compensated for exploitations of User Content as expressly set forth in Paragraph 9 of these Terms, but Company otherwise has no other obligation to compensate you in any event for the use of User Content. Notwithstanding the foregoing, as of the posting date of these Terms, Company vows to not sell your User Content to others, however Company may sell any license granted to Company herein in the event of a sale of Company to a third party. Without limiting the foregoing, the foregoing grant of rights includes the right for Company to use the name, image, likeness, persona, and performances of any individual embodied in the User Content (and notwithstanding anything to the contrary contained herein, you warrant and represent that all such individuals are consenting adults and that you have verified all ages and individual legalities, and you will provide Company with a copy of all written documents verifying the same upon Company’s request) and any background music embodied in the User Content. If you wish to keep User Content private or proprietary, please do not contribute or transmit any of User Content to Company. You must be able to provide verification of the age of all persons depicted in the User Content submitted by You to your Account upon the request of Company. You understand You are responsible for the User Content regarding persons other than You who are depicted in the User Content. You must obtain and keep on record written consent from all persons to be depicted in your User Content. The Consent must include (1) consent to be depicted in the User Content, (2) Consent to allow distribution to the Company's Service, and (3) and Consent to allow the User Content to be downloaded, if such content is downloadable. Failure to ensure other persons depicted in your User Content may result in an immediate termination of your Account. You understand User Content is not created by Company and is created, selected, and provided by users. Company is not responsible for moderating or reviewing User Content (or to detect breaches or other failures of users to abide by these Terms as the same relates to such User Content). For the avoidance of doubt, Company does not select User Content that is transmitted to and stored by Company. You further acknowledge that once User Content is uploaded and/or posted to the Service, Company cannot control the use which other users or third parties make of such User Content. You may delete your Account at any time as set forth in these Terms, but you acknowledge that the action of deleting your Account alone will not prevent the potential circulation and distribution of any of your User Content which may have been recorded by other users or third parties in breach of these Terms. You understand Company will not be responsible for any such third-party distribution.
12. NEWSLETTER: You may be given the option of providing Company with Personal Data in order to receive recurring informational or promotional newsletters via email from Company (“Newsletters”). When you sign up for Newsletters, or at any time you use the Service thereafter, you can choose to opt out of receiving additional Newsletters. You can unsubscribe from a Newsletter by following the directions included in the Newsletter or email Company at privacy@premierepick.com Company will take commercially reasonable steps to implement your opt-out and unsubscribe requests promptly, but you may still receive communications from Company for a brief amount of time as Company processes your request. Please see Company’s privacy policy for additional information, http://premierepick.com/privacy .
13. CONTESTS: In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Contest”) made available by Company through the Service (including through Company’s social media channels) may have specific rules that are different from these Terms. By participating in a Contest, you agree to and will become subject to any specific Contest terms and conditions. Company urges you to review the rules before you participate in a Contest. In the event of any conflict between any the terms and conditions of a Contest and these Terms, the rules pertaining to such Contest will take priority over these Terms solely for that given term or condition.
14. THIRD PARTY CONTENT: The Service may contain information, links, or embedded material to third party content which Company may have not reviewed, including built-in dashboards to third party services. Company linking, embedding, or otherwise using such third- party content and services does not imply an advertisement or endorsement of any good, service, product, or otherwise provided by such third party. Company is not responsible for any third-party content linked or embedded to or from the Service and expressly disclaims, without limitation, any responsibility for any third-party content, the accuracy of any information found on any third-party website, social channel, or platform, or the quality of products of services provided by or advertised on such third-party website, social channel, or platform. Company urges all users of the Service, including you, to be responsible about the use of this Service and any third-party transaction entered into as a result of information gained on the Service or your interactions with others. Company is not a party to any such agreements between users and any part of an actual or potential transaction outside of Company are solely the responsibility of each user. Your use of any third-party content and products is at your own risk, and subject to the terms and conditions of such third-party’s website, social channel, platform, service, applications, product, or service. Without limiting the foregoing, if you distribute or otherwise post or share any User Content via a separate social media platform, such as Facebook, TikTok, or Twitter, you must comply with such third party services’ own terms, including any privacy policies. Company encourages you to review the terms and conditions and privacy policy of any third-party website, social channel, platform, service, or application that you visit and be aware that a third-party website, social channel, platform, service, or applications may collect your personal data and Company is not able to control any third party’s use of such technologies or how any third party manages the information gathered from such technologies. For more information, please see Company’s privacy policy found at privacy@premierepick.com. Without limiting anything herein, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS VIA YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY THIRD-PARTY TRANSACTION, INCLUDING REGARDING ANY USER CONTENT OR OTHERWISE), YOU HEREBY AGREE TO RELEASE, ABSOLUTELY AND FOREVER, AND DISCHARGE COMPANY, COMPANY’S AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, ASSIGNS, LICENSEES, DESIGNEES, AND PARTNERS, AND EACH OF THEIR OFFICERS, DIRECTORS, MEMBERS, STOCKHOLDERS, EMPLOYEES, REPRESENTATIVE, AGENTS, AND PERSONNEL, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 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.”
15. SECURITY: As further set forth in Company’s privacy policy, available at http://premierpick.com/privacy. Company is committed to protecting your privacy in accordance with applicable laws and regulations, including via encryption methods Company deems suitable. Notwithstanding the foregoing, no electronic or other transmission of information to Company can be guaranteed to be 100% safe and Company cannot and does not ensure or warrant the security of any information you transmit to Company. Nonetheless, Company believes the measures Company has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. You acknowledge all information and materials you transmit to Company is done at your own peril. You shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of your Internet connection.
16. FORCE MAJEURE. Without limiting any other provision herein, Company shall not be liable for damages of any kind, under any legal theory, arising out of or in connection with any claim for losses or injuries resulting from events beyond Company’s control, including for any delay or failure of delivery of access to the Service, including, acts of god, acts of civil or military authority, pandemics, the application of security or health-related regulations imposed by any governmental authority, fires, earthquakes, tornados, hurricanes, riots, wars, embargoes, Internet disruptions, hacker attacks, communications failures, work stoppages or other labor disputes.
17. TERMINATION. You agree that Company may terminate your account and access to the Service without prior notice.
18. REPRESENTATIONS AND WARRANTIES: You represent and warrant the following:
i. You accept and agree to abide by all of the terms and conditions contained herein and you represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all of the Terms. You acknowledge that you are at least 18 years of age and if under 18 years of age, you have, and will have at all times, have your parent or legal guardian’s consent in regards to your access and use of the Service;
ii. Your access of use of the Service constitutes your acknowledgement and acceptance that your activities in regards to the Service are lawful in every jurisdiction where you access or use the Service. You agree to comply with all laws, rules, and regulations (federal, state, local, and provincial) applicable to your use of the Service and User Content. Without limiting the foregoing, this includes providing sufficient advertising disclosures in any User Content as required by the FTC, directing certain advertising away from minors (such as alcohol), being transparent about any paid promotion activities, and being in compliance with any law regarding contests, sweepstakes, and games of chance;
iii. You agree that your use of the Service, including contributing User Content, will not violate any law, regulation, or right of any third-party, including any copyright, trademark, patent, trade secret, publicity, or privacy right. You expressly warrant and represent that you have all necessary licenses, rights, consents, and permissions to User Content. You waive any moral rights that you have under any applicable law regarding your User Content, including in connection with objecting to any derogatory treatment of any User Content contributed by you to the Service. Without limiting the foregoing, to the extent that you owe any sums to a third party for the exploitation of User Content, such as a co-owner of User Content or performers embodied therein, you shall be solely responsible for making any such payments to such third- party(s). You acknowledge Company shall only pay the uploaded of User Content pursuant to the Account of upload as set forth pursuant to the Terms herein; iv. You agree you are not authorized to use the Service or Company’s servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way any material which Company deems to be objectionable (in Company’s sole discretion), including distributing any User Content that is:
• fraudulent
• defamatory
• hateful or amounts to hate speech, including User Content intended to attack, threaten, vilify, humiliate, dehumanize, or incite hatred, fear of, or violence against, a group or individual based on any social, ethnic, economic, moral characteristic, or any other protected characteristic, including race, ethnicity, nation of origin, immigration status, religion, sex, gender, personal identity or expression, age, disability, health status, and veteran or armed forces status;
• discriminatory
• threatening and harassing, including stalking, bullying, and other intimidation behavior
• violent or promotes violence
• unsolicited sexual content or sexual objectification content
• prejudicial against human rights or other aspects of personal dignity, including bestiality, incest, rape, sexual assault, torture, lack of consent, intoxication, abuse, extreme bondage, fisting, mutilation, and necrophilia
• unreasonable in showing individuals in dangerous situations, including promoting self- harm or suicide
• behavior prejudicial to health and safety
• misleading conduct, or conduct that is likely to deceive any other User, including urging individuals to purchase (or persuade or induce others to purchase) goods or services in a manner which exploits inexperience or exploits the trust of a individual
• advertising or encouraging the consumption of alcohol by minors, the use of cigarettes(including electronic), tobacco, illegal drugs, or prescription medication, the possession or use of illegal firearms or weapons, or any illegal gambling activities
• sex trafficking or illegal escort services
• revenge porn or a deep fake, including User Content used to extract money or another benefit from anyone in exchange for removal of User Content
• anyone else's personal data or confidential information (such as telephone numbers, location information, license plates, names, email addresses, log-in credentials to any site, bank account and credit card information, and health records) without that person's express consent
• in the case of User Content featuring public nudity or sexual activities, was recorded or broadcast from a jurisdiction where public nudity or sexual activities is illegal and/or in place where the public may see the activities being performed
• spam, which has the intention of artificially increasing any views, or which is otherwise inauthentic, repetitive, or low quality.
• distributed to give the impression that certain User Content originates from or is approved or endorsed by Company.
v. You are responsible for all content and information shared with other users on the Service and understand User Content may be viewed by individuals that recognize your identity. Company will not be responsible to you, or any other individual embodied in User Content you upload, if such individual is identified from your User Content. Without limiting the foregoing, this includes if User Content is posted by third parties elsewhere or in connection with any doxing instances;
vi. You acknowledge that Company believes a significant amount of the content and materials found on the Service, including User Content uploaded by users, contains material that is not intended for users under the age of 18, i.e. adult material that depicts nudity and the display of sexual acts. You agree to use caution when deciding where you access the Service. Company will not be responsible to you if you suffer any harm in any manner as a result of your use and interactions on the Service, including accessing the Service in a location that prohibits the dissemination of adult material or causes you to be in breach of any agreement you have with a third party (for example, your viewing the Service at work may not be authorized by your employer).
vii. You will not interfere with any third party’s use and enjoyment of the Service, including sending unsolicited emails or “spam” messages or contact any other visitor or user of the Service for any illicit purpose or who has requested not to be contacted. You understand it is strictly prohibited to post or transmit, directly or indirectly, any unlawful, threatening, defamatory, obscene, or infringing material or impersonate any persons while using the Service;
ix. You acknowledge and agree that you have no obligation to follow any suggestions or instructions received from another user of the Service and that you do so entirely at your own risk and own will and volition;
x. You will not cause damage to the Service or impair the availability or accessibility of the Service in any way which is fraudulent, unlawful, illegal, or harmful, including modifying, adapting, bypassing, or hacking the Service to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s, or its users’, software, hardware or telecommunications equipment, uploading, posting, hosting, transmitting any code or materials of a destructive nature, or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Service or any goods or services provided by Company;
xi. You will not access the Service through unpermitted automated means, including use of scripts or web crawlers not present on this Service, including agreeing to not to use the Service in excess of any applicable login protocols. You agree not to access (or attempt to access) the Service by any means other than through the interface Company provides, unless you have been specifically allowed to do so in a separate agreement;
xii. You will not register any domain names, social media names (including handles), or other analogous digital names that contain Company’s names and trademarks or a confusingly similar name. Without limiting the foregoing, this includes using URLs that redirect to the Service.
xiii. You are responsible for all costs associated with accessing or using the Service and you are responsible for any system software and/or hardware compatibility requirements for use of the Service;
xiv. Company may refuse to offer the Service and change any eligibility criteria at any time without notice in Company’s sole discretion; and
xv. You will not upload payment information and/or use any debit card, credit card, or other form of payment on the Service, unless you have all necessary authorizations to do so.
xvi. You shall not impersonate Company or any of Company’s personnel, another user, or anyone else in a manner to falsely state or suggest any affiliation, endorsement, sponsorship between you and Company, or any other relevant user or third party.
xvii. You acknowledge and agree that you are not an employee of Company. Your relationship Company shall not be construed as a partnership of any kind. At all times You shall be construed as an independent contractor and shall be responsible for payment of all taxes imposed by any and all governmental authorities for your income generated from using the Service.
19. THIRD PARTY CONSENT: Any person who is depicted in User Content and has not consented to be depicted in such User Content has the right to appeal to Company to remove such unauthorized User Content by contacting Company by email at privacy@premierepick.com or by mail at Premiere Pick LLC, 7643 Gate Parkway, Suite 104-965, Jacksonville, Florida 3225. “Premiere Pick- Notice of Non-Consent” must be written in the subject line. Upon receipt of the notice, Company shall review the matter, which shall include an attempt to view the consent contained in the records of the User. If the Company confirms consent and decides to not to remove such User Content, and the third-party disagrees with such decision, the third-party may submit arbitration.
20. SERVICE MONITORING: Company reserves the right to monitor your access and use of the Service without notification to you. Company may record or log your use in a manner as set out in Company’s privacy policy, available at http://premierepick.com/privacy Notwithstanding the foregoing, Company does not monitor all content found on the Service or the content of any websites or mobile applications linked to the Service for offensive, indecent, objectionable, obscene, or unlawful content and is not liable to you for any such content. You acknowledge that through Company providing you with access to the Service, Company is not undertaking any obligation or liability relating to the Content. Without limiting the foregoing, this site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, Company’s liability for defamation and other claims arising out of any content to this site by third parties is limited as described therein. Company neither warrants the accuracy of third-party content or exercises any editorial control over such content, nor does Company assume any legal obligation for editorial control of content made by third parties or liability in connection with such content, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such content.
21. COMPANY DISCLAIMER: This Service is made available “as is” and “with all faults.” ALL INFORMATION PROVIDED HEREUNDER IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE ADVICE OR TREATMENT OF ANY HEALTH-RELATED CONDITION. NOTHING ON THE SERVICE SHOULD BE CONSTRUED AS PROFESSIONAL MEDICAL OR PSYCHOLOGICAL ADVICE OR TREATMENT. YOU CANNOT USE THE SERVICE AS A SUBSTITUTE FOR THE TREATMENT OF A MEDICAL OR PSYCHOLOGICAL CONDITION AND YOU SHOULD ALWAYS PROMPTLY SEEK THE ADVICE OF A QUALIFIED HEALTH OR PSYCHOLOGICAL CARE PROVIDER REGARDING ANY HEALTH, MEDICAL, OR PSYCHOLOGICAL CONDITION. RELIANCE ON ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK. Use of the Service is entirely at your own risk and you should use your best judgment and exercise caution while using the Service. Company urges all users of the Service not to provide personal details to each other, and further explicitly states that the Service is in no way intended for users to communicate with each other outside of the Services, and further will not be liable for any damages, injuries, or death that takes place between users outside of the Services. In accordance with the foregoing, Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written, or oral, arising from a course of dealing, performance, usage of trade, or otherwise in connection with the Service and your use thereof, including, warranties of merchantability, fitness for a particular purpose, and non-infringement. Company explicitly does not warrant that the Service or any Content or User Content will meet your requirements, including that Company makes no promises of any kind regarding any particular amount of money or other compensation you may receive by your use of the Service or that a seller of User Content will continue to make available offering via the Service. Company makes no guarantee that your use of the Service and all other features or functionalities associated with the Service, or delivery or display of the Service, will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions. Company is not responsible or liable to you for any outages due to a third-party failure relating to the Service. Company will not be liable in the event others acting with or without your permission use your account and/or payment method to make purchases on the Service (when available). You understand that the Service may contain inaccuracies, omissions, and delayed information and that Company is not liable to you for any such defect. Company reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information within the Service is inaccurate at any time without prior notice (including after you have submitted an order). Company undertakes no obligation to update, amend or clarify information on the Service, including pricing information, except as required by law. No specified update or refresh date applied in the Service should be taken to indicate that all information in the Service has been modified or updated. Regardless, Company strives to provide accurate descriptions of all materials available on the Service and every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any inaccuracies or discrepancies, including any inaccuracies posted by a seller of User Content, please contact Company at privacy@premierpick.com. Company specifically disclaims all liability for damages arising out of agreements entered into between you and another user of the Service. NOTWITHSTANDING THE FOREGOING, IF ANY IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES WITHIN THE UNITES STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
22. LIMITATION OF LIABILITY: To the fullest extent permitted by applicable law, Company shall not be liable to you or any third-party for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, loss of data, loss of business or anticipated savings, loss of use, loss of goodwill, or other damages which are in any way related to your use of the Service, regardless of legal theory (including, but not limited to contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Company has been advised of the possibility, foreseeability, or probability of such damages, and even if the remedies otherwise available fail for their essential purposes. UNLESS OTHERWISE PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS FOR ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN COMPANY AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND/OR YOUR USE OF THE SERVICE AND SERVICES WILL NOT EXCEED THE GREATER OF: (I) ONE THOUSAND DOLLARS ($1,000.00); OR (II) THE TOTAL AMOUNT OF SUMS, IF ANY, PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. Notwithstanding the foregoing and for the avoidance of doubt, the foregoing is not intended to limit any liability between a purchaser and seller of User Content, or other goods or services via the Service, and you are free to negotiate your own agreements with purchasers and sellers regarding your distribution and purchase of User Content and other goods and services via the Service, subject to your compliance with the Terms.
23. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless Company, Company’s affiliates, subsidiaries, parents, successors, assigns, licensees, designees, and partners, and each of their officers, directors, members, stockholders, shareholders, employees, representatives, agents, and personnel, from and against all claims, actions, suits, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and legal costs) arising out of or incurred in connection with: (i) your breach or alleged breach of these Terms; (ii) User Content; (iii) your violation of any third-party right, including any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including without limitation, all regulatory, administrative and legislative authorities; (v) your use of the Service; and (vi) your negligence or willful conduct in regards to these Terms; all of the foregoing to the fullest extent permitted by applicable law. Notwithstanding anything to the contrary contained herein, this indemnification obligation shall survive these Terms and your use of the Service. Company reserves the right to take over the exclusive defense of claims for any of the foregoing, and in such an event, you shall provide prompt and reasonable cooperation to Company or its designees. You will not in any event settle any claim any of the foregoing is entitled to indemnification for, without the prior written consent of Company.
24. ENTIRE AGREEMENT: These Terms (including Company’s Privacy Policy and any other associated documents referenced in these Terms) represent the entire understanding between Company and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Service and all other subject matter contained herein. Notwithstanding the foregoing, Company may enter into separate written agreements with users of the Service regarding specific business arrangements, such agreements not superseding these Terms upon entrance unless expressly stated therein. If you are a United States governmental agency and have a need for rights not conveyed under these Terms, please contact Company to negotiate acceptable terms for transferring such rights. These Terms will be governed by the English language version in the event of any translations.
25. HEADINGS: Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms.
26. BINDING AGREEMENT: The Terms shall be binding upon and inure to the benefit of Company and your respective assigns, successors, heirs, and legal representatives.
27. MODIFICATION TO TERMS: The Terms cannot be modified or amended, except as expressly provided for herein. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Company’s sole discretion, and such new Terms will immediately take effect upon Company posting such new Terms on the Service. You are encouraged to frequently visit the Service, specifically at http://premierepick.com/terms to review the current Terms. Notwithstanding the foregoing, Company will attempt to notify you in advance of any material changes to the Terms, but that may not be possible due to regulatory or unforeseen risks to Company’s users. Your continued use of the Service following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding changes to the Terms can be directed to Company at privacy@premierpick.com.
28. ASSIGNMENT: The Terms are personal to you (or the company or other legal entity or individual you are entering into these Terms on behalf of), and are not otherwise assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may freely assign the Terms.
29. SEVERABILITY: If any part of the Terms is deemed by a court of law or authority of competent jurisdiction to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed.
30. WAIVER: The waiver by Company or you of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party.
31. SURVIVAL: All provisions of these Terms, which by their nature should survive termination or expiration of these Terms, shall survive termination or expiration.
32. NO AGENCY: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.
33. USER DISPUTES: Notwithstanding anything to the contrary contained herein, you agree that you are solely responsible for your interactions with any other user in connection with the Site and Company will have no liability or responsibility with respect thereto. Notwithstanding the foregoing, Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.
34. CHOICE OF LAW: The laws of the State of Florida applicable to contracts entered into and performed within Florida (and notwithstanding any conflict of law principles) shall exclusively govern these Terms and any disputes between you and Company, including all disputes arising out of these Terms, unless otherwise prohibited by law. Notwithstanding the foregoing, you will also be able to rely on mandatory un-waiveable rules, if any, of the law of the jurisdiction country where you live.
35. ARBITRATION: You and Company agree that any and all disputes or claims that arise between you and Company, whether arising out of or relating to these Terms, your use of the Service, and any other aspect of the relationship or transactions between you and Company, shall be resolved exclusively through final and binding arbitration administered before the American Arbitration Association (the “AAA”) under its consumer arbitration, or other applicable, rules (the "AAA Rules") then in effect, subject to the terms of this arbitration provision. Any alleged claim or cause of action you may have with respect to your use of the Service or these
Terms must be commenced within two (2) years after the alleged claim or cause of action arises, unless otherwise prohibited by law. Company is always interested in resolving disputes amicably and efficiently, and Company anticipates most user concerns can be resolved quickly by emailing Company at privacy@premierepick.com If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Arbitration Notice”). The Notice to Company should be sent to Company at the following address, Premiere Pick LLC, 7643 Gate Parkway, Suite 104-965, Jacksonville, Florida 3225 and via email to privacy@premierepick.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If You and Company do not resolve the claim within ninety (90) calendar days after a valid Arbitration Notice is received by Company, you or Company may commence an arbitration proceeding. For the avoidance of doubt, you understand that by agreeing to the Terms, you and Company are each waiving the right to a jury trial or to participate in a class action or class arbitration, except for the limited exclusions expressly set forth herein. Notwithstanding the foregoing, you may assert some claims in “small claims” court pursuant to certain provisions in the AAA rules regarding small claim actions, but only if your claim is under $10,000, otherwise qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis (as further set forth below).
36. ARBITRATION PROCESS: Any arbitration of a dispute will be handled by a sole AAA arbitrator with significant experience in the subject-matter to which the claim or dispute is based upon. You and Company agree that the arbitrator shall have the power to rule on any objections with respect to the existence, scope, or validity of the arbitration provisions contained herein or to the arbitrability of any claim or counterclaim. The arbitrator must follow these Terms and has the power to award the same damages and relief as a court could award (including reasonable attorney fees and costs, as and when specified in these Terms), except that the arbitrator may not award you any declaratory or injunctive relief. Notwithstanding the foregoing, if there is any inconsistency between any term of the AAA Rules and any term of this arbitration provision, the applicable terms of this arbitration provision will control unless the arbitrator determines that the application of the inconsistent term(s) would not result in a fundamentally fair arbitration. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Any arbitration judgement award or other relief may be entered in any court that has jurisdiction, and may only be challenged by you or Company if the arbitrator makes a clear error of law. The arbitration shall be in English. The parties shall mutually bear the cost of any filing, administrative, or arbitrator fees, unless otherwise agreed to by Company. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties, including the amount of any settlement offer made by either party or any judgement to which a party is entitled.
37. CHANGES TO ARBITRATION POLICY: If Company makes any material changes to the arbitration sections of the Terms after the date you last accepted these Terms, those changes will not apply to any claims filed in a proceeding against Company prior to the date the changes became effective. Company will strive to notify you of substantive changes to this section at least thirty (30) days prior to the date the change will become effective. If you do not agree to the modified terms in this section, you may send Company a notification via privacy@premierepick.com or close your Account within those 30 days. By rejecting a modified term or permanently closing your Account, you agree to arbitrate any disputes between you and Company in accordance with the provisions of this section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed Account or create a new Account, you agree to be bound by the current version of this arbitration provision and Terms.
38. VENUE: Unless Company and you agree otherwise, any arbitration hearings will take place in St. Johns County, Florida. Notwithstanding the foregoing, if your claim is for $10,000 or less and not pursued by you in “small claims” court pursuant to certain provisions in the AAA rules, Company agrees that you may choose whether the arbitration will be conducted solely electronically on the basis of documents submitted to the arbitrator or through a telephonic hearing (subject to AAA’s approval). If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
39. NON-ARBITABLE DISPUTES: In the event that any dispute related to these Terms is not subject to the arbitration provisions herein, you and Company agree that any such dispute shall be exclusively resolved in the courts located in St. Johns County, Florida. Notwithstanding anything to the contrary contained herein, Company may pursue directly in court and not via the arbitration process set forth above, in Company’s sole discretion, emergency equitable relief, including injunctive relief, for your actual or alleged breaches of these Terms in regards to (i) your confidentiality obligations; (ii) your harassment of other users of the Site; (iii) any defamatory statement made by you; and (iv) unauthorized use of Company’s intellectual property and you causing damage to the Service or impairing the availability or accessibility of the Service. Additionally, nothing in this arbitration provision shall preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against Company on your behalf.
40. REMEDIES: All of Company’s rights and remedies are cumulative and shall in no way affect any remedy available to Company under equity or law. You agree that any violation of the
breach of the Terms by you may result in irreparable harm to Company, that monetary damages may be inadequate, and you hereby agree Company shall be entitled to seek injunctive relief, without the need to post any bond or proving any damages. Notwithstanding anything to the contrary contained herein, you may not seek any equitable or injunctive relief under these Terms, and you may only seek damages against Company in the form of your actual monetary damages.
41. CLASS ACTION AND REPRESENTATIVE ACTION PROHIBITION: YOU AND COMPANY AGREE THAT TO THE FULLEST EXTENT ALLOWED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF, SUBJECT TO THE TERMS HEREIN) ONLY IN FAVOR OF THE PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S)
42. EXPORT CONTROL: The Service may provide uses and services technology that may be subject to United States export controls administered by the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other United States agencies and the export control regulations of the European Union. You acknowledge and agree that the Service shall not be used in, and none of the underlying information, technology, or software may be exported or re-exported to, or otherwise transferred to, countries and other jurisdictions to which the United States, and the European Union (as well as Switzerland) maintains an embargo (an “Embargoed Country”), or to or by a national or resident thereof, or any person or entity on the United States Department of Treasury’s List of Specially Designated Nationals or the United States Department of Commerce’s Table of Denial Orders (a “Designated National”). Each Embargoed Country and Designated National list of the the United States, and the European Union (as well as Switzerland) are subject to change without notice. By using the Service, you warrant and represent that you are not located in, under the control of, or a resident or national of a Designated National or an Embargoed Country. You agree to strictly comply with all United States and European Union (as well as Swiss) export laws and assume complete responsibility for obtaining licenses to export or re- export any information, technology, or software as may be required.
43. NOTICE: All legal notices to Company or you pursuant to these Terms will be in writing and will be delivered by personal delivery or certified mail and will be deemed given upon delivery or sent via email (in the event there is an Account, to the email address associated with your Account will comply with this paragraph) and will be deemed given upon confirmation of delivery or receipt. Notwithstanding the foregoing, all legal notices pursuant to these Terms are required to be sent by you to Company to the following email address: privacy@premierepick.com
44. COMPLAINTS: For intellectual property related complaints, please see the next paragraph. For all other complaints, if you have a complaint about Company (including any complaint about content appearing on the Service or the conduct of a user of the Service), please send your complaint to privacy@premierepick.com including your name, address, contact details, a description of your complaint and any applicable URLs to identify any relevant content. If you are unable to contact us by email, please write to us at the following address Premiere Pick LLC, 7643 Gate Parkway, Suite 104-965, Jacksonville, Florida 3225. Company shall make every effort to resolve all Complaints within 7 days.
45. INTELLECTUAL PROPERTY AND DMCA POLICY: Company respects the intellectual property rights of others and desires to offer a Service that contains no material that violates the intellectual property rights of others. Company has instituted procedures for receiving written notification of claimed intellectual property infringements. If you believe in good faith that your intellectual property rights have been infringed through use on the Service, you may notify Company’s at http://premierepick.com/privacy or Premiere Pick LLC, 7643 Gate Parkway, Suite 104-965, Jacksonville, Florida 3225 with “Premiere Pick- Notice of Infringement” in the subject line, which contains:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest allegedly infringed;
2. A description or identification of the copyrighted work(s) (or other intellectual property interest(s)) that you claim has been infringed;
3. A description or identification specifying the location on the Service of the material(s) that you claim is infringing, including all URL address(es) and any screenshots if available;
4. Your name, email address, mailing address, and telephone number;
5. A statement by you that you have a good faith belief that the use of the material in the manner complained is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and
6. A statement by you made under penalty of perjury that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf. If you are the recipient of a notice of claimed infringement (or otherwise) by Company, you may submit a counter-notice to Company at privacy@premierepick.com or Premiere Pick LLC, 7643 Gate Parkway, Suite 104-965, Jacksonville, Florida 3225 with “Premiere Pick- Counter Notice of Infringement” in the subject line containing the following information:
1. A description of the material that Company removed or disabled pursuant to the original notice, including the identification of the original notice sent to you;
2. A description specifying the location on the Service of the material(s) that were removed or disabled pursuant to the original notice, including all URL address(es) and any screenshots if available;
3. A statement by you under penalty of perjury reflecting your good faith belief that the disabling or removal of the applicable material was done so in error, as a result of misidentification, is erroneous or false, or other viable reason.
4. Your name, email address, mailing address, and telephone number;
5. A statement by you that you consent to the jurisdiction of the United States Federal District Court in the judicial district where you are located, or if you are outside of the United States, for the applicable judicial district in which you may be located or domiciled, and that you will accept service of process from the complaining party who provided the original infringement notice for such jurisdiction. After receiving a counter notification compliant with the above, Company will provide the counter notification to the original claimant and if Company does not thereafter receive notice in fourteen (14) days that the original claimant has filed a court action seeking to redress the alleged infringement of rights relating to the identified material in the original notice, Company may reinstate the applicable content on the Service in Company’s sole discretion (for the avoidance of doubt, without limiting Company’s other rights as set forth in these Terms). You acknowledge that if you fail to comply with all of the requirements of this section, your notice may be invalid under these Terms, and potentially other intellectual property laws, including the Digital Millennium Copyright Act in connection with copyright infringement claims. Please also do not send general notices addressed to Company’s designated agent. Please scroll down to the end of these Terms for Company’s general email address for other questions, including more general customer service inquiries. Additionally, while Company acknowledges Company does not own your User Content as set forth above, you grant Company the limited right to submit infringement notifications (including of copyright or trademark) on your behalf (without notification) to third-party websites, platforms, or services that are distributing infringing copies of your User Content. Notwithstanding the foregoing, Company has no obligation to pursue any such infringements of your User Content
and you are solely responsible for policing your User Content. You agree you will promptly provide Company with all information Company requests in order to submit takedowns or issue other infringement demands on your behalf.
46. SUSPENSION OF CONTENT: Notwithstanding anything contained herein, it is Company’s policy to suspend access to or remove any content uploaded to the Service which Company becomes aware or strongly suspects may not adhere with the Terms or any applicable law. This suspension is typically through the pendency of Company’s investigation of non-compliance or legality, but may be permanent in Company’s sole discretion. If Company suspends access to any User Content uploaded by you via your Account, the Account holder may request Company review its’ decision by contacting Company at
privacy@premierepick.com. Following Company’s additional review of the suspected non-compliance or illegal content, Company will take any action Company considers appropriate in Company’s sole discretion, including the reinstatement of User Content or the permanent removal of User Content. You agree that, at your own cost, you will promptly provide Company all assistance Company requests in connection with any such investigation. Without limiting anything herein, Company will not be responsible to you for any loss suffered arising from the suspension of User Content or any other steps Company takes to investigate any User Content.
For the avoidance of the doubt, this policy extends beyond intellectual property disputes and for any manner Company deems appropriate, including regarding any forbidden User Content as set forth in these Terms.
47. ANTI-TRAFFICKING: Company is against all forms of human trafficking, including any form of slavery, indentured servitude, or compulsory labor. Modern human trafficking, servitude, and slavery is a crime and a violation of the most fundamental of human rights. Company is committed to acting with integrity and mitigating the risk of human trafficking and conducting ethical operations. Company strives to foster a culture of transparency which encourages Company personnel to report concerns or wrongdoings, including regarding suspected human trafficking concerns contained in User Content. Company also encourage its users to contact Company about any concerns regarding suspected human trafficking embodied in User Content. Please report any concerns to privacy@premierepick.com. If a reported concern is unfortunately substantiated, Company will take immediate corrective action, including the termination of violative user Account(s) and Company will cooperate with all law enforcement personnel and other regulators in connection with such abuse. Without limiting the foregoing, please see Company’s privacy policy at http://premierepick.com/privacy for more information about Company’s compliance with the Allow States and Victims to Fight Online Sex Trafficking Act.
48. SUPPORT: Upon your written request to privacy@premierepick.com Company shall endeavor to promptly answer questions you have about the Service during normal business hours.
49. REFUNDS: There will be no refunds offered for any transactions or memberships paid for through this platform. If there are any issues, please email us at support@premierepick.com
-Subscription refunds: We do not offer refunds for subscription purchases of any kind made on our website. Once a viewer purchases the subscription you will have access to the subscribed content for the duration of the subscription period.
-Content refunds: There will be no refunds for any content sold and/or exchanged on the site.
-Tipping refunds: There will be no refunds on any monetary tips exchanged on the platform.
-Chargebacks: You will be responsible for any fees associated with chargebacks and/or credit cards disputes.
50. CONTENT REMOVAL POLICY: If you want content removed, please contact support@premierepick.com (or premierepick@aol.com) and we get back to you within 48-72 hours. We will have a resolution upon review and support submitted.
ACCEPTABLE USE POLICY
You agree that in order to use the Premiere Pick site (www.premierepick.com and its subdomains) you must agree to this Acceptable Use Policy (this “Policy”). This Policy describes what use and behavior is and is not acceptable for Producers. Behaviors that are not acceptable shall not be permitted. Terms that are not defined in this Policy shall have the same meaning as those in the Terms of Service.\
1. You shall not not use Premiere Pick for anything other than your own personal use.
2. You shall not create accounts on Premiere Pick for sale, license, sublicense, rental, or sharing with any other individual or legal entity. Your account is yours and only yours.
3. You shall not publish or stream any media content whatsoever unless you are at least 18 years of age at the time the media content was created.
4. You shall not publish or stream any media content that is defamatory.
5. You shall not publish or stream any media content that is unlawful.
6. You shall not publish or stream any media content that threatens or harasses another individual or legal entity.
7. You shall not publish or stream any media content that discriminates against any individual or groups of individuals.
8. You shall not publish or stream any media content that promotes violence against any individual or legal entity.
9. You shall not publish or stream any media content that promotes violent acts towards any individual or legal entity.
10. You shall not publish or stream any media content that contains or promotes hate speech.
11. You shall not publish or stream any media content that contains or promotes unsolicited sexual content, such as sexual assault and/or rape.
12. You shall not publish or stream any media that contains or promotes incest, bestiality, necrophilia, urine, fecal matter, drugs (and drug paraphernalia), or firearms.
13. You shall not publish or stream any media content that refers to any individual as having an age younger than 18 years old.
14. You shall not attempt to access or use Premiere Pick’s servers for any purpose other than to use the Service.
15. You shall not publish or stream any media content promoting self-harm or suicide.
16. You shall attempt to access, reverse engineer, or decompile the code of Premiere Pick.
17. You shall not publish or stream any media content that seeks to misrepresent any material fact or defraud another individual or legal entity.
18. You shall not introduce or attempt to introduce any viruses, malware, vaporware, or any other harmful code to Premiere Pick’s servers.19. You shall not interfere with another user’s use of Service.
20. You shall not use Premiere Pick to engage in prostitution or escort services.
21. You shall not use Premiere Pick to support or facilitate child trafficking or kidnapping.
22. You shall not use Premiere Pick to engage or participate in revenge porn.
23. You shall not attempt to gain access to another user’s account or any user’s personal information.
24. You shall not publish or stream any media content encouraging minors to consume alcohol, cigarettes, drugs, medications, gamble, or possess firearms.
25. You shall not misrepresent pre-recorded media content as being live streamed.
26. You shall not publish or stream any media featuring nudity or pornographic material from any location or jurisdiction where pornography is illegal.
27. You shall not publish or stream any media content featuring nudity filmed in any public place. A violation of this Acceptable Use Policy shall also be construed as a violation of the Terms of Service.
Any violation of this Acceptable Use Policy shall result in a suspension or termination of your account.
See the Terms of Service for more information regarding suspension and termination.
Questions, comments, and requests in relation to these Terms are welcome and should be addressed to privacy@premierepick.com.
