Terms and Conditions
Effective Date: 6/7/2020 Last Modified: 6/7/2020
Acceptance of the Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE WEBSITE – THEY ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS.
1. The Website
The Website is an online website providing streaming capabilities including both a text chat and video streaming service whereby individuals accessing the Website through their registered Performer Accounts (“Performers”) may create and share with other users (“Users”) online audio, video, interactive, and live content (“Live Shows”). For the avoidance of doubt, Performers and Users do not refer to different types of users, rather, the terms refer to the activity engaged in by users. Performers are free to broadcast their live streaming video through the Website, subject to the restrictions set forth in these Terms and our Performer Agreement, which restrictions have been put in place to comply with applicable law, community standards, and for the safety of the Users. Subject to safety and legality required rules, Performers may produce and broadcast (or not broadcast) as and when they determine and set their own rules for other Users viewing their broadcasts.
2. Performer Accounts
You are solely responsible for maintaining the confidentiality of your Performer Username and password and are fully responsible for all activities that occur under your Performer Username and password, including without limitation any unauthorized access to the Website caused by you, including access which
may violate applicable laws and/or subject you to criminal prosecution. This will result in your immediate ban from the Website and deactivation of your Account. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your Performer Username or password or any other breach or suspected breach of security, and (ii) ensure that you log out of your Account each time you stop interacting through the Website.
In registering your Performer Account or gaining access to the chat function during the Live Shows, you may not choose a Username that may falsely represent you as someone else or a name that may otherwise be in violation of the rights of any other individual or entity. We reserve the right to disallow the use of Usernames or cancel, at any time, any Account that uses their selected Username in violation of these Terms or in any other way we deem inappropriate in our sole discretion. You are solely responsible for any and all activities conducted and purchases made through your Account.
Please choose carefully the information you post on the Website and that you provide to other users. The information provided by other Users or Performers during the Live Shows may contain inaccurate, inappropriate or offensive material, products or services for which Company assumes no responsibility or liability. Company reserves the right, at its sole discretion, to reject, refuse to post or remove any Content posted by you, and to restrict, suspend, or terminate your access to all or any part of Caro Entertainment, at any time, for any or no reason, with or without prior notice, and without liability.
3. Your Privacy Rights
4. Prohibited Conduct
You agree to use our site only for lawful purposes. You shall not use the Website, either directly or indirectly, to:
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Post or submit any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful, or racially or ethnically objectionable Content.
- Post or submit any Content or take any other action which might reasonably be expected to harass, threaten, embarrass, or cause distress, unwanted attention or discomfort for another User or other user of our Website or any other person or entity.
- Post, transmit, promote, link, or facilitate the distribution of Content that may reasonably be considered to be obscene, including but not limited to any presentation of intimate physical contact, lascivious display of the genitals, or sexual situations, acted or depicted.
- Harass, stalk, abuse, or threaten any of the Performers associated with our Website.
- Provide any of your personal contact information to any User on or associated with our Website (and in the event that you do so, you agree that we have no liability for any results or events which occur because you did so).
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- Disrupt the normal flow of dialogue in a Live Show chat room or otherwise act in a manner that negatively aﬀects other Users, Performers, individuals or entities.
- To transmit, or procure the sending of, any advertising or promotional, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users of the Website, or expose them to liability.
- Post or submit (or cause to be posted or submitted) a chain letter or pyramid scheme.
- Post or submit (or cause to be posted or submitted) any unsolicited advertising, promotional materials, or other forms of solicitation to other Users, individuals or entities, or collect or harvest screen names of other Users, without permission.
- Post or submit (or cause to be posted or submitted) any communication or solicitation designed or intended to obtain a password of an account or private or financial information from any User or other person.
- Violate any operating rules, policies or guidelines of any other interactive service or website in any way, or
- Spread or distribute any viruses, bugs of any type whatsoever.
- Upload, post, email, or otherwise transmit private conversations between two people in any public forum on Website without the expressed written consent of the people who are involved in said private conversation.
- Post, directly or indirectly, any personally identifying information about another member without their consent. Personally identifying information can include, but is not limited to, a person’s full name, first name, last name, email address, profession, phone number, address and place of work.
- Use Website to do any academic or corporate research without the expressed written consent of Company.
- Cross-post the same message, be it by one person or multiple people, more than 3 times in a day.
- Use Website for any fraudulent purposes.
- Collect or store personally identifying information about any other User(s) for commercial purposes without the expressed consent of those User(s) or for any unlawful purposes.
- Impersonate any person or entity, including, but not limited to, a Company or Company official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website that you are not authorized to access.
- Develop any third party applications that interact with User Contributions or the Website without our prior written consent.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
- Use or attempt to use another user’s account without authorization from such user and Company.
• Reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Company Content, area or code of the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
We have and enforce a repeat infringer policy. We will terminate the Accounts of any User and/or Performer who is determined to be a repeat infringer.
5. Section 230 of the Communications Decency Act
The Website is a user–driven interactive website with content provided by its Users and Performers, and pursuant to Section 230 of the Communications Decency Act, we are immune from suit for materials published through the Website by Users or Performers. As such, we are not liable for content published by Users or Performers. As we operate an online platform and we are not in the business of producing or presenting broadcasts, we have endeavored to keep our rules to a minimum imposing only those we feel are necessary for the safety of Users, to comply with applicable law, and the continued operation of the Website.
“Caro Entertainment,” the Caro Entertainment logo and any other Caro Entertainment product or service names, logos, designs or slogans that may appear on the Website are trademarks of Caro Entertainment and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Caro Entertainment” or any other name, trademark or service name of Caro Entertainment without our prior written permission. In addition, the look and feel of the Website and Company Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Caro Entertainment and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website or Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Caro Entertainment.
7. Linking to the Website
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Website for noncommercial purposes, provided that such link does not portray Company or any of our services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
8. Advertisers and Content Linked to the Website
Company may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave Company to access third-party material or by bringing the third party material into this Website via “inverse” hyperlinks and framing technology. Company has no control over such sites and resources. You acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Company Content, products and/or services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers in the Content, products and/or services.
9. Prohibited Solicitations
Although we do not control Performers and other Users’ use of the Website, you may not use the Website to promote or advertise any third-party products, sites, or services that deliver live-streaming content. Although, of course, Performers and other Users are free to stream on other sites, you may not use the Website to solicit any User to utilize another product, site, or service that delivers live-streaming content.
10. Intellectual Property of The Company
Nothing within these Terms shall be construed as conferring any license under any of the Company’s or under any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate the Website is protected by copyright, trademark, patent, or other proprietary rights of the Company and its affiliates, licensors and service providers (“Company Content”). Except as expressly permitted to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by the Company in connection with the products (if any) and services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by the Company, any of the Company’s affiliates, or any of the Company’s service providers. You agree not to use any of the trademarks or service marks or other Company Content accessible through Company for any purpose other than the purpose for which such Company Content is made available to users by the Company. You agree not to defame or disparage the Company, the trademarks or service marks of Company, or any aspect of the products (if any) and services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the products and services or any software or programs used in connection with the products and services or the Company. All marks that appear throughout the products and services belong to Company or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the products and services without the express written consent of Company or the owner of the mark, as appropriate, is strictly prohibited. Company may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the Website in order to access third-party material or by bringing third-party material into this Website via “inverse” hyperlinks and framing technology. The Company has no control over such third-party sites and resources. You acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Company Content, advertising, products, or other materials on or available from such third-party sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Company Content, goods or services available on or through any such site or resource.
In order to maintain the privacy and security of your user profile, you hereby grant Company a limited, non- exclusive, worldwide, royalty-free license to any and all copyrightable content posted by you on or through
Caro Entertainment. You also grant and assign Company or its affiliates the right and authority to enforce your Digital Millennium Copyright Act (“DMCA”) and any and all intellectual property rights against alleged infringers at your request. This provision does not constitute or represent in any way a partnership, joint venture or any other fiduciary relationship between you and Company. Further, Company does not warrant or guarantee that it can or will enforce your intellectual property rights against alleged infringers. Company reserves the right through this limited license to enforce your rights at your request; however, it remains the sole and primary responsibility of each member, the Content creator and owner, to police and enforce your rights against alleged infringers.
11. User Contributions
The Website may contain chat rooms or other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website. All User Contributions must comply with the standards set out in these Terms and Conditions.
If you submit content you own, you retain your ownership of your intellectual property rights. We do not claim any ownership interest in your User Contributions. However, by uploading, posting or submitting User Contributions to the Website you hereby grant the Company a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Contributions, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. In connection with the exercise of these rights, you grant Company, and anyone authorized by Company, the right to identify you as the author of your User Contributions by your screen name on the Website, as we deem appropriate. Users will not receive any compensation of any kind for the use of their User Contributions.
By uploading, posting or submitting User Contributions to the Website you represent and warrant that (a) such User Contributions are nonconfidential, (b) you own and control all of the rights to the User Contributions (except for public performance rights in those musical compositions that are licensed by Broadcast Music, Inc., The American Society of Composers, Authors and Publishers or SESAC, Inc. (the “PROs”)) or you otherwise have all necessary rights to post such User Contributions, (c) you authorize Company to use such User Contributions for the purposes described in these Terms, (d) the User Contributions are accurate and not misleading or harmful in any manner, and (e) the User Contributions, and your use and posting thereof, d0 not and will not violate these Terms or any applicable law, rule, regulation or third party right.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. Caro Entertainment has no obligation to pre-screen any content. You use all User Contributions and interact with other users at your own risk. Without limiting the foregoing, Caro Entertainment reserves the right, but not obligation, in its sole discretion to pre-screen, refuse, or remove any content. Caro Entertainment shall have the right to remove any content that violates these Terms or is otherwise objectionable.
12. Performer Content
Performers may create or otherwise make available live video, photo, or other content containing materials and intellectual property that they own or have a license to use (“Performer Content“). In making available Performer Content, Performers agree to grant and represent that Performers have the right to grant Users, who performed a Purchase, a perpetual, irrevocable license to access and view such content through the Website. Please read our Performer Agreement for more information on the particularities of our legal relationship as it regards Performer Content.
We do not endorse or recommend, nor do we have or assume any obligation to monitor any Performer Content streamed or otherwise shared through the Website by any User or Performer; and, we hereby disclaim any and all liability with respect to Performer Content. We do not permit any copyright infringing activities or any Performer Content that infringes on our intellectual property rights or those of any party or third party. We will remove any Performer Content where we are properly notified of such infringement as set forth below. We may remove any such Performer Content without any notice. Our means of identifying Performer Content that may infringe upon a third party’s rights or which is illegal or violates our code of conduct, is dependent on properly presented notifications from third parties claiming that their rights have been violated. For Performer Content which is offensive or which you believe is illegal, notify us at firstname.lastname@example.org. For infringing content, please follow the procedures set out in Copyright Violations Section of these Terms.
13. Performer Compensation and Status
Performer Compensation is governed by the terms of the Performer Agreement between the Performer and Caro Entertainment. Performer understands and agrees that, in registering a Performer Account, and in performing as a Performer on the Website, Performer has, and shall have, the status of an independent contractor and nothing herein contained shall constitute Performer to be as Company’s employee or agent. Accordingly, Company shall have no obligation to (a) withhold any monies payable to Performer hereunder in respect of any taxes, insurance, social security payments or other contributions or payments to or in respect of Performer, or (b) provide Performer with any workmen’s compensation, disability or other similar insurance coverage.
14. Information on the Website
15. Payment and Billing Information
In order to complete a transaction on the Caro Entertainment Website (“Transaction”) you must provide our Payment Processor with accurate and complete billing information in accordance with the Payment Processor’s Terms and Conditions.
THE COMPANY DOES NOT RETAIN ANY OF THE PAYMENT INFORMATION PROVIDED BY YOU TO THE PAYMENT PROCESSOR, AND YOU HEREBY WAIVE ALL AND ANY CLAIMS OF LIABILITY AGAINST COMPANY ARISING FROM THE MISUSE OF SUCH INFORMATION BY SUCH THIRD-
PARTY PAYMENT PROCESSOR. The Company shall not be liable for any payment or similar issues that arise due to the third-party service. The Company may change the third-party service from time to time.
By providing a credit card or other payment method that our Payment Processer accepts, you represent and warrant that you are authorized to use the designated payment method and that you authorize our third- party payment processor to charge your payment method for the total amount of your Transaction or other purchase on the Website (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order
may be suspended or cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your Account. You agree to immediately update your Account information in the event of any change in your payment information. The Company reserves the right at any time to change its billing methods.
If a payment is not successfully settled and you do not edit your payment method information or cancel your Transaction you remain responsible for any uncollected amounts and, with respect to your unpaid Transaction, authorize us (and our third party-payment processor) to bill the payment method, as it may be updated. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, changes you make to your payment method or changes in applicable taxes or other charges, and you authorize us (and our third party-payment processor) to charge your payment method for the corresponding amount.
If your payment is successful you will either receive direct access to the Live Show (if you’re paying within the Live Show’s timeframe) and, in the case of an advance purchase, will receive (upon providing the Company with a valid email address) an email containing the confirmation of your transaction and another email containing your “virtual ticket”, i.e. the information you need to input in order to access the Live Show, when it becomes live.
If you are paying dollar-based fees in a currency other than U.S. dollars, your bank or financial institution may impose fees for currency exchange and for international transactions. For example, Visa and MasterCard typically charge a processing fee on international transactions, and most card-issuing banks add their own small additional fees, generally a percentage of your overall purchase price. Similar considerations apply when there is a diﬀerence between the currency in which fees are quoted on the Website and the dollar exchange rate of the currency in which you make your actual payment. You are responsible for all charges associated with connecting to or using our Website and all amounts owed to your internet service provider. You agree that all such charges incurred by you are entirely your responsibility. For example, depending on your particular location and chosen internet service provider, you may be responsible for long-distance charges and/or other communication surcharges. Funds transferred to your account, as well as discounts and promotional pricing associated with your account, will expire as applicable, except where prohibited by applicable laws. We reserve the right to set the expiration date of these items in our sole discretion.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within 30 days after such billing error first appears on any account statement, such fee will be deemed accepted by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within 30 days of its publication. We reserve the right to impose transaction limits on Users based upon a variety of factors including, without limitation, length of membership to the Website, location, change in access information, and amount of refund requests. Please note that abuse of special offers, including creating multiple accounts to take advantage of such offers, is a violation of these Terms.
16. Purchase Fee
Certain functions of our Website, such as access to our Live Shows requires a payment to be performed prior to entering the Live Show in accordance with various fees offered on the Website (“Purchase Fees”). Purchase Fees relating thereto will be fully disclosed to you before you enter any Live Show. No charge or transfer will be made to your debit/credit card, or related to your alternative payment method, without your authorization for payment.
All Purchase Fees are prominently disclosed to you prior to your authorization of the Purchase charge. An authorization of a Performer Purchase provides you with the specified timeframe of access to a Live Show, in accordance with a Live Show schedule provided on the Website.
17. Purchase Prices
All prices for the Purchases on our Website are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on any criteria as we may establish from time to time; provided, however, that if we change the amounts or other charges associated with our various Purchase plans, we will provide advance notice of such changes by posting such changes on our Website or by any other means deemed reasonable by us in our sole and absolute discretion.
If any such change is unacceptable to you, you may terminate your Purchase as provided below. Your continued use of our Website following the eﬀective date of any such change shall constitute your acceptance of any such change.
If you place an Order and the Live Show (a “Service” for the purposes of this Section) is discontinued or otherwise becomes unavailable for any reason, Company reserves the right to (i) cancel your order and provide you a refund for the amount paid for the Service (if the Service is a one-time order), (ii) substitute the Service with a similar Service (like a similarly priced Live Show) or (iii) issue you a pro rata refund – a choice of said options (or none of the options at all) being at the sole and absolute discretion of Caro Entertainment. If the Company elects, at its sole discretion to provide you with a refund, you hereby agree and acknowledge that Company does not refund any interest or transaction fees that might have been charged to you by your financial institution or the Payment Processor, and you agree that Company is not liable to you for such interest or fees.
19. Cancellations of Purchases
You may cancel your Purchase online by emailing email@example.com and following the instructions in our response.
Cancellations must be communicated to the Company by the end of the last day before the day of the Live Show. You will not receive a refund for the fees you already paid, unless the Company decides to provide you with such a refund in accordance with the Refunds Section of these Terms, but you will be able to access the Live Show until the end of the Live Show availability period.
YOUR USE OF THE WEBSITE OR OUR TRANSACTION OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR WEBSITE OR SERVICE YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
21. Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARO ENTERTAINMENT, ITS PAST, PRESENT AND FUTURE LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY “Caro Entertainment Parties”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE WEBSITE OR CONTENT (INCLUDING, BUT NOT LIMITED TO, USER CONTENT, THIRD PARTY CONTENT AND LINKS TO THIRD PARTY WEBSITE), OR THE ORDER, RECEIPT OR USE OF ANY SERVICE, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ANY CARO ENTERTAINMENT PARTY, OR FROM EVENTS BEYOND THE CARO ENTERTAINMENT PARTIES’ REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE CARO ENTERTAINMENT PARTIES’ RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE THE CARO ENTERTAINMENT PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH CARO ENTERTAINMENT PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE CARO ENTERTAINMENT PARTIES ARE LIABLE TO YOU EXCEED THE LESSER OF (A) THE TOTAL AMOUNT ACTUALLY PAID TO CARO ENTERTAINMENT BY YOU DURING THE SIX–MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE OR REGULATION UNDER WHICH SUCH CLAIM ARISES, OR (C) ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CARO ENTERTAINMENT AND YOU.
THE CARO ENTERTAINMENT PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY PERFORMER CONTENT, USER CONTRIBUBTIONS OR PERSONALIZATION SETTINGS.
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION.
22. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Caro Entertainment, and our Caro Entertainment Parties from and against all actual or alleged Caro Entertainment Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) any use or misuse of the Website, Company Content or Performer Content by you or any third party you authorize to access or use the Website Company Content or Performer Content, (b) any User Contributions you create, post, share or store on or through the Website (c) your violation of these Terms, and (d) your violation of the rights of another. You agree to promptly notify Caro Entertainment of any third party Claims, cooperate with the Caro Entertainment Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). You further agree that the Caro Entertainment Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Caro Entertainment.
24. Copyright Violations
Company respects the intellectual property of others. It is Company’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Company may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Company will terminate access for users who are repeat infringers.
Notifying Company of Copyright Infringement:
To provide Company notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.“ to firstname.lastname@example.org that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys‘ fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Company with Counter-Notification:
If you feel that your material does not constitute infringement, you may provide Company with a counter– notification by written communication to the attention of “DMCA Counter–Notification Dept.” at email@example.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys‘ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of legal counsel.
25. Promotional Communications from Us
We may from time to time send promotional or marketing communications to you if you have registered with us. If you receive any such communication, you will be given the opportunity to unsubscribe from future communications by following the instructions you receive from us. If you otherwise have any issues concerning any communication you receive from us, please contact us by using the email address indicated in the Contact Us section of these Terms.
However, we do not allow spam, illegal or misleading communications relating to our Website. Please contact us by using the email address indicated in the Contact Us section of these Terms, if you receive any such spam or misleading communication in any way related to our Website. If we become aware of any such communication, we will take appropriate disciplinary or corrective action. our disciplinary or corrective action may include termination of services, expulsion from our Website, forfeiture of payments, and others.
26. Monitoring and Enforcement
The Company has the right to:
- Remove or refuse to post any User Contribution or Performer Content for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution or Performer Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution or Performer Content violates the Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You agree that under no circumstances will the Company be liable in any way for any User Contribution or Performer Content, including any errors or omissions in any User Contribution or Performer Content, or any loss or damage of any kind incurred as a result of your use of any User Contribution or Performer Content.
We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
27. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under
no obligation to update such material. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Website (or any features or parts thereof) at any time. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
28. Geographic Restrictions
Company is based in the state of Florida in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
29. Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of Florida applicable to agreements entered into and to be wholly performed therein. In the event of any conflict between any provisions hereof and any applicable laws to the contrary, the latter shall prevail, but these Terms shall be deemed modified only to the extent necessary to remove such conflicts, and the remaining clauses shall be interpreted so as to effect as nearly as possible the original intentions of the Parties.
30. Dispute Resolution
Only the courts (state and federal) sitting in Miami-Dade County, Florida will have jurisdiction of any controversies regarding these Terms. Any action or other proceeding which involves such a controversy will be brought in those courts and not elsewhere, and the Parties hereby waive any objection they may have to the appropriateness, jurisdiction and venue of such courts (including without limitation any objections based on the doctrine of forum non conveniens). Any process in any such action or proceeding may, among other methods, be served by delivering it or mailing it, by certified mail, or by US Mail Priority Mail, directed to the address first above written or such other address as the addressee has designated from time to time. Any such delivery or mail service shall be deemed to have the same force and effect as personal service within the State of Florida.
31. Electronic Communications
The communications between you and Caro Entertainment use electronic means, whether you visit the Website or send Caro Entertainment e–mails, or whether Caro Entertainment posts notices on the Website or communicates with you via e–mail. For contractual purposes, you (1) consent to receive communications from Caro Entertainment in an electronic form; and (2) agree that all terms, agreements, notices, disclosures, and other communications and documents that Caro Entertainment provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.“ The foregoing sentence does not affect your statutory rights.
These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Caro Entertainment’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
33. Force Majeure
Caro Entertainment shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, epidemic, pandemic, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Where Caro Entertainment requires that you provide an e–mail address, you are responsible for providing Caro Entertainment with your most current e–mail address. In the event that the last e–mail address you provided to Caro Entertainment is not valid, or for any reason is not capable of delivering to you any notices required/permitted by these Terms, Caro Entertainment dispatch of the e–mail containing such notice will nonetheless constitute effective notice. You may give notice to Caro Entertainment at the address of: Caro Entertainment Corp., 7900 SW 148th Ave, Miami, FL 33193. Such notice shall be deemed given when received by Caro Entertainment by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
To resolve or report a complaint regarding the Website, Performer Content or other Users, send an email detailing your complaint to firstname.lastname@example.org. In appropriate circumstances, we will take immediate action in order to help resolve the problem. You agree that in attempting to resolve any complaint you send to us we may, in our sole and exclusive determination, share your complaint in part or in whole with other individuals involved and/or otherwise implicated in the complaint.
37. Changes to these Terms
We may update our Terms from time to time. If we make material changes to these Terms we will notify you by posting the new Terms on this page. We will let you know via email and/or a prominent notice on our Website, prior to the change becoming effective and update the “Last Modified” date at the top of these Terms.
You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and these Terms to check for any changes. You are advised to review these Terms frequently for any changes. Changes to these Terms are effective when they are posted on this page.
38. Contact Us
All other feedback, comments, requests for technical support, and other communications relating to the Website or these Terms should be directed to:
Caro Entertainment Corp. 7900 SW 148th Ave
Miami, FL 33193 email@example.com