This agreement represents the complete agreement and understandings between Graffitiblue, registered in England and Wales as a private limited company (hereinafter "Graffitiblue.com" or "the Company" or "the Service"), its Members, affiliates, owners, and managers, and the account holder (hereinafter "User"). This agreement supersedes all other written and oral agreements. The Terms and Conditions of Use ("TOS") may be modified by Graffitiblue by notice published on-line at: WWW.GRAFFITIBLUE.COM
Graffitiblue reserves the right to further modify, alter, increase or decrease subscription rates, prices, and membership costs, and/or to discontinue or change services offered.
If you do not agree to the following terms and conditions of use, please notify us immediately by sending an e-mail to graffitibluefilms@yahoo.co.uk so that your account may be terminated. Failure to so notify graffitiblue and use of the services and access of the site shall constitute your agreement to these terms and conditions of use. Violation of the Terms and Conditions of Use may result in the termination of your account without refund.
The contents of any files, images, or other materials accessed by the User through Graffitiblue do not necessarily reflect the views or opinions of the company. No inference regarding sexual orientation or sexual activity may be made from the appearance of any person and/or model in any image obtained through this service.
1. Certain material available on the Internet through Graffitiblue.com and any associated or linked websites may not be suitable for individuals under the age of 18 (21 in some areas). All individuals accessing Graffitiblue.com represent to "the company" that they are of legal age in their area to access sexually explicit material, and that doing so does not conflict with their community's standards.
2. The User understands that the Internet contains unedited materials - some of which may be sexually explicit and may be offensive to some persons. The User agrees that access to the Internet through Graffitiblue.com and any sites linked to it is at the User's own risk. Graffitiblue.com exerts no control over such materials and accepts no responsibility for the User's access to such materials.
3. The User understands and agrees that information transmitted through Graffitiblue.com and through the Internet in general is not confidential. Graffitiblue explicitly does not guarantee privacy or guarantee the protection of the User's privacy. Graffitiblue explicitly reserves the right to monitor the User's transmissions and use of its services when deemed necessary at the companies sole discretion to provide proper service and/or to protect the User, other users, and/or the Company. Graffitiblue respects its customer’s privacy and will not sell or give ANY information regarding the User unless otherwise required by order of a court of competent jurisdiction, a subpoena properly issued by a court of competent jurisdiction, or upon the advice of the Company's Legal Counsel.
4. Use of any information obtained via Graffitiblue.com or any associated websites is at your own risk. Neither Graffitiblue nor any of its licensers, employees or agents warrants that the service will be uninterrupted or error free; nor does The Company or its licensers, employees or agents make any warranty as to the results to be obtained from use of the service. The service is provided on an "as is" basis without warranties of any kind, either expressed or implied including but not limited to warranties of title or warranties of merchantability or fitness for a particular purpose or use.
Graffitiblue, its employees, contractors, licensees, agents, and employees disclaim and disavow any and all liability for any indirect, incidental, special, and/or consequential damages which may arise from the access or use of the service, and from the User's inability to access or use the service, including without limitation, any failure of performance, error or omission. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of Graffitiblue.com, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.
5. The User hereby agrees and does so indemnify and hold harmless Graffitiblue, its members, affiliates, directors, shareholders, managers, officers, agents, employees, and other users from any and all claims, damages, expenses (including legal fees) and liabilities that may result from any and all use of the User's account whether authorised or not authorised.
6. Graffitiblue's internet sites, referents, and connections and all other services provided by The Company to the user may be used only for lawful purposes. Transmission and/or storage of any information, data, images, or other materials in violation of any United Kingdom law or by-law is prohibited, including, without limitation, any information, data, images, or other materials protected by United Kingdom or other national copyright law, trade secrets, registered trademark and/or service mark, or material judged in a court of competent jurisdiction to be threatening or obscene. The User hereby agrees and does so indemnify and hold harmless Graffitiblue, its members, affiliates, directors, shareholders, managers, officers, agents, employees, from any and all claims, damages, expenses (including legal fees) and liabilities that may result from the access and use of the service by the User which damages the User or another party.
7. The right to use Graffitiblue.com is not transferable. Accounts are for your use only. The User is responsible for the confidentiality of the user's passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. If the user has multiple accounts, then the user is limited to one login session per system account at any time. Violation of these conditions of use will be considered theft of service and/or fraud. User violations shall be subject to prosecution.
THE USE OF WEB-BOTS, SPIDERS, OR SIMILAR SOFTWARE TO AUTOMATICALLY DOWNLOAD FILES FROM THE MEMBERS AREA IS NOT ALLOWED. USERS WHO VIOLATE THIS POLICY WILL BE SUBJECT TO ACCOUNT TERMINATION.
8. Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. The User assumes all responsibility for knowledge and/or application of regulations and policies of any and all networks, systems, and services accessed through the User's Graffitiblue.com service account.
9. PAYMENT TERMS: The User is responsible for any and all fixed and accumulative charges for this account. The first 30 day's service fee (or other available billing period selected) is due upon account setup. Each 30 days (for recurring subscription customers), the account will be charged the prevailing access fee and any other fees for the new month plus any accumulated charges for the past month. Failure to use this account(s) does not relieve the user of payment obligations.
Credit Card customers agree to allow CCBill or Paycom (depending on which processor the customer has chosen), who are the authorised payment processors for Graffitiblue and Graffitiblue.com, to bill such credit card on each successive billing date without obtaining the user's permission after the initial charge. The charges will appear on the User's credit card statement as "CCBill" or "Paycom - Graffitiblue". Credit Card customers shall notify CCBill or Paycom of any changes in Credit Card Number or expiration date. If the credit card is not honoured for any reason, Graffitiblue will not normally notify the User of such a declined authorisation. The User may enquire by email to graffitibluefilms@yahoo.co.uk as to their account status should the User's login details no longer function. Re-establishment of the account may be subject to a reconnection fee. Graffitiblue reserves the right to require a reasonable sum or amount at its discretion as security for charges or expenses incurred or to be incurred by any User whose account was terminated and thereafter reconnected for any reason.
The User shall NOT send credit card details to Graffitiblue by e-mail or any other publicly interceptable means, electronically or otherwise. All credit card transactions should be processed through CCBill or Paycom directly via WWW.GRAFFITIBLUE.COM and Graffitiblue cannot be held responsible for the security of, or the misuse of, credit card or other personal information.
The User should be aware that further terms and conditions required by CCBill may apply - please visit www.ccbill.com - Paycom customers should visit www.paycom.net for details of their additional terms and conditions.
Graffitiblue reserves the right to immediately terminate a User's account and service for any unpaid (in whole or part) subscriptions (with or without notice). Termination of service in no ways relieves or excuses the User from any obligation to pay outstanding charges or expenses. In the event Graffitiblue institutes collection efforts of any type, the User shall be liable for all collection costs, including reasonable legal fees and expenses. The venue, unless otherwise specified, shall be in the United Kingdom.
Graffitiblue reserves the right to terminate a User's account and/or to cancel a User's service for any reason, with or without notice of any kind. In case of cancellation, unused fees will not be returned to the user and service may continue until the end of the subscription period, at the discretion of Graffitiblue.
The User may cancel their service and subscription to Graffitiblue.com by following the relevant link to either CCBill or Paycom. The User should note that cancellation of services should occur at least 72 hours prior to the re-billing date.
In addition to any price for services, the User shall be responsible for the gross amount of any present or future government sales/use/excise/value added or other similar taxes applicable to the price, sales or delivery of any services furnished here under or to their use by the customer.
10. These Terms and Conditions of Use and Service are subject to and are entered into subject to the laws of the United Kingdom of England, Scotland, Wales and Northern Ireland. In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of Graffitiblue shall continue in force even in the event of termination of these Terms and Conditions on other grounds. Graffitiblue's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.
11. By the use of a Graffitblue.com account the User accepts the terms and conditions set forth in this agreement.
ALL CONTENTS COPYRIGHT © GRAFFITIBLUE.
These web pages are published by Graffitiblue, registered in England and Wales as a private limited company under the Companies Act 1985.
Nothing may be reproduced or reprinted in whole or in part without written permission from Graffitiblue. The reposting or retransmission of any graphical materials on these web pages to other websites or bulletin board systems is strictly prohibited. All photos and films are posed by models over the age of 18 at the time of photography or filming.
CERTIFICATE OF COMPLIANCE
WARNING: The contents of these pages are for adults only and must not be viewed or possessed by minors. Orders for merchandise or subscriptions to this website may not be placed by minors.
As required by 18 USC ss 2252A and with respect to any graphical materials on these web pages, any performer who appears to be engaged in actual or simulated "sexually explicit conduct," as that term is defined in 18 USC ss 2256 was at least 18 years of age at the time of the photography.
18 U.S.C. Section 2257 Compliance Notice.
In compliance with the Federal Labelling and Record-Keeping Law (also known as 18 U.S.C. 2257), all models located within this website were 18 years of age or older during the time of photography. All models' proof of age is held by the custodian of records, which is listed below. All content and images are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations.
Custodian of Records:
David Hobson, 6 Ethelbert Road, Folkestone, Kent, CT19 6EX, England.
All records are available for inspection by appropriate authorities by appointment only. Please e-mail graffitibluefilms@yahoo.co.uk for more details.
Last updated: Sept 2007
Copyright © Graffitiblue.