Rude Management INC. Terms of Service
You must read, understand and agree to all of these Terms of Service (TOS) before using Rude Management INC.. You must be at least eighteen (18) years of age to use Rude Management INC.. Our services are not available to minors or to temporarily or indefinitely suspended members. This user Terms of Service (the "Agreement" or "User Agreement") describes the terms and conditions applicable to your use of our services at rudeshows.com (alternatively "We" or "us" or "Rude Management INC."). We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective immediately after they are initially posted on our site. If you fail to follow these Terms of Service your account may be terminated.
Rude Management INC. contains images that may be sexually explicit and/or offensive to some people. If you do not wish to view sexually explicit images or are prohibited from viewing sexually explicit images in your area, you may not use Rude Management INC.. Rude Management INC. is an Internet based service reaching throughout the world so the standards of acceptability in your community are very likely different than standards of decency in other communities where Rude Management INC. may be accessed. You should not view material that is not acceptable in your community. You agree to use Rude Management INC. at your own risk.
Rude Management INC. makes no warranty as to the accuracy or compliance of any user submission. If you find material that you believe violates your intellectual property rights, contains images of underage persons, or is otherwise illegal you agree to notify Rude Management INC.. We will make every effort to remove illegal material promptly upon notification. We are not able to verify every submission for intellectual property rights infringement nor is it possible to verify the claims of age of every user, although we do require users to affirm they are at least eighteen (18) years of age at the time the image was taken and that the user has the intellectual property rights to their submission that allows them to post that material on Rude Management INC..
Transfer. Your User Name may not be transferred or sold to another party.
FEES. Our website charges fees for viewing certain areas and/or use of certain services. We may charge fees or subscriptions for premium services. We may change our Fees for our services from time to time. The fees and per-minute charges are posted in our website and you are responsible for confirming the current fees before you incur any charges. Our changes to the policy are effective after we post the changes. If you incur fees or charges you agree to pay any and all amounts upon demand. If we are unable to collect the fees from your credit card or banking institution, you agree to pay interest at 2% per month beginning on the date the fee was incurred. Notwithstanding any other section of this agreement, if we are unable to collect any fees due from you within 30 days from the day you incurred the fee, you agree to submit to the jurisdiction of the courts of Florida in any action for uncollected fees. You shall be liable for all attorney’s fees and collection costs arising from our efforts to collect from you.
PROHIBITED ACTIONS: We do not allow the following to appear on our site:
Information Control. We do not control the information provided by performers or other users which is made available through our system, nor can we regulate postings and chat. Performers that appear on this site are independent and not under the control of Rude Management INC.. You may find other users to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Do not give out your personal information in chat or postings as there is no privacy of your information in chat or postings. Please note that there are also risks of dealing with underage persons entering this site under false pretenses or people otherwise acting under false pretense.
Fraud. Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged in fraudulent or illegal activity in connection with our site.
During your use of our site, you:
Unused Chips. No refund will be granted for replacement on Chips left on account after 60 days. Any chips remaining in account after 60 days of purchase date will be returned to Rude Management INC..
Special offers "cannot" be combined with other promotions, discounts or promotional codes or bonus chip offers at anytime. "Special Offers" and or "Bonus percentages" my very on all offers and or is subject to change with out notice. All bonus chips must be received from link provided at the time of the offer.
Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or permanently terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or anything this agreement incorporates by reference (b) if we are unable to verify or authenticate any information you provide to us or our third party billers; (c) if we believe that your actions may cause legal liability for you, our users or us (d) without cause at the discretion of Rude Management INC.
No Warranty. WE PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Liability Limit. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO US IN THE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, submitters, other users, our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
Arbitration. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect our fees and/or recover damages for, or obtain an injunction relating to, the site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Colorado, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Should you file an action contrary to this provision, we may recover attorneys’ fees and costs up to seventy-five thousand US Dollars ($75,000.00 USD).
Rude Management INC. does not make any warranty of privacy, accuracy, or compliance with any law of performer or user submissions. By submitting images and other files to our website you agree to give Rude Management INC., its successors and assigns a universal, royalty-free, sub-licensable, unrestricted and perpetual non-exclusive license to publish, re-publish, edit, manipulate, reformat, and display your submission(s) for use by Rude Management INC. in any media and using any technology, existing now or in the future. By agreeing to the Terms of Service and submitting files you are affirming that you own the license, copyright, patent, and all other proprietary rights to the submissions and that you have the right to submit the file(s) to Rude Management INC. for publication. You agree to indemnify Rude Management INC. for any action against Rude Management INC. for violation of trademark, copyright or other proprietary rights, including all attorneys’ fees and costs incurred in defending Rude Management INC. against all claimants. You affirm that all images that you submit are of consenting adults at least eighteen (18) years of age at the time the image was taken. You explicitly agree not to submit material that is protected by copyright, trademark or patent that you do not have permission to distribute. You explicitly agree not to submit any images of any person under the age of eighteen (18) years of age whether sexually explicit or not. Violation of these terms will result in your submission being removed from our websites, your account may be cancelled and you may be banned from the website. We reserve the right to remove any submissions for any reason at any time.
Rude Management INC. does not tolerate copyright infringement and will promptly remove all infringing material. If you are a copyright holder or hold intellectual property rights and believe that material on Rude Management INC. has violated your intellectual property rights, please submit a DCMA notice to firstname.lastname@example.org All copyright infringement notices will be promptly reviewed and content will be removed upon receipt of a DCMA notice pending further investigation.
General. This Agreement shall be governed in all respects by the laws of Colorado as such laws are applied to agreements entered into and to be performed entirely within Colorado between Colorado residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
No action of Rude Management INC., other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these TOS.
Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
All provisions of these TOS that by their nature should survive termination will survive termination, including without limitation, provisions related to intellectual property, warranty disclaimers, general releases, limitations of liability, indemnity, arbitration, governing law, and the general provisions.
You also may be subject to additional terms and provisions that may apply when you use Affiliate or third party services, sites, content, or software.
Should Rude Management INC. prevail in any action or proceeding to enforce rights under these TOS, it will be entitled to recover its costs and attorneys' fees from you.
You agree that you are subject to the terms and provisions contained in these TOS and any additional policies applicable to the Services, which may be posted from time to time. All such posted policies or rules are effective immediately upon posting and are hereby incorporated by reference into these TOS.