SexKey.com
Terms-of-Use Agreement

Created: October 5, 2004

Last Updated: September 30, 2015

Internet Key Inc., a New Jersey corporation, welcomes you to www.sexkey.com ("Website"), an adult entertainment website. It is important to us that you and our other visitors have the best possible experience while using the Website (including any mobile website or application), and that, when you use this Website, you understand your legal rights and obligations. Please read these terms of use, which govern your use of this Website, including any content, functionality, and services offered on or through the Website. Your access to this Website is on the condition that you agree to these terms. Please pay special attention to the following sections: (1)disclaimer of warranties (section 15); (2) limit on liability and exclusion of damages (sections 16 and 17); (3) place for resolving disputes (section 20.2); (4)mandatory mediation and arbitration (sections 21.3 and 21.4); (5)class action waiver (section 21.8); and (6) limitation on time to file disputes (section 21.9). By accessing this Website, including registering for a free account, you agree to these terms and our privacy policy. If you do not want to agree to these terms or our privacy policy, you must not access this Website.

Section 230(d) Notice: Under 47 U.S.C. § 230(d), we notify you that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching "parental control protection" or similar terms.

Minors prohibited. This Website contains, and directs you to websites containing, pornographic content and is not intended for minors. Only adults who are at least 18-years old that have reached the age of majority in their jurisdiction may access this Website. We forbid all persons who do not meet these age requirements from accessing this Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which we provide for informational purposes only and do not endorse:CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.

  1. Introduction

    1. The Website provides access to pornographic content that may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature unsuitable for minors. We do not upload or post any content to the Website; nor do we host any videos on our servers. Third-party content providers provide all content found on the Website.

    2. These terms apply to all users of the Website (including any mobile version), whether you are a "visitor" or a "registered user." By accessing any part of this Website, you agree to these terms and our privacy policy. If you do not want to agree to these terms or the privacy policy, you must leave this Website. If you breach any of these terms, we may revoke your license to access this Website, block your access to this Website, and cancel any registration.

    3. We are not liable for anything that you post or say while you are on the Website and we do not monitor the content of the Website, but if we do see, or someone tells us that you have posted, something that we find inappropriate, we will remove it. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.

    4. We may change these terms on one or more occasions by updating this webpage. The top of the terms will tell you when we last updated them. Changes will take effect on the "last updated" date stated on the top of this webpage. Changes will not operate retroactively. We will try to notify you when we change these terms if we can do so in a commercially reasonable manner. But you should frequently check this webpage to make sure that you are operating under the most current version of the terms. We will consider your continued use of the Website after we post the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Website.

    5. If you have any questions about these terms or any questions or comments about this Website, please email us at members@sksupport.com and we will try to get back to you by the end of the next business day.

  2. Eligibility Requirements

    1. This Website contains uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority in their community may access this Website.If you do not meet these age requirements, you must not access this Website and must leave now.

    2. By accessing the Website, you state that the following facts are accurate:

      1. You are at least 18-years old, have reached the age of majority where you live, and you have the legal capacity to agree to these terms;

      2. You own the credit card you signed up with and have authorized us (or our authorized payment processing agent) to charge the credit card according to the membership you chose, which may include automatically recurring charges on a month-to-month basis until canceled;

      3. All information you provided to us is accurate and you will promptly update this information when necessary to make sure that it remains accurate.

      4. You are aware of the pornographic nature of the content available on the Website and that you are not offended by content of this nature, including content depicting men or women in various sexual situations;

      5. You are familiar with your community's laws affecting your right to access pornographic materials, including sexually explicit material depicting bondage, S/M, and other fetish activities;

      6. You have the legal right to access pornographic materials, including sexually explicit material depicting bondage, S/M, and other fetish activities and we have the legal right to transmit them to you;

      7. You are voluntarily requesting pornographic materials for your own private enjoyment;

      8. You will not share these materials with a minor or otherwise make them available to a minor; and

      9. By logging on, you will have released and discharged the providers, owners, and creators of this Website from all liability that might arise.

  3. Child Pornography Prohibited

    We have a zero tolerance policy for pornographic content involving minors and a zero tolerance policy regarding pedophiles or any pedophilic activity. We only allow visual media of consenting adults for consenting adults on this Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to us at compliance@sksupport.com. Please include with your report all appropriate evidence, including the date and time of identification. We will immediately investigate all reports and take appropriate action. We fully cooperate with any law-enforcement agency investigating child pornography. If you suspect other outside websites are participating in unlawful activities involving minors, please report them to www.asacp.org.

  4. Ownership of Content; Limited License

    1. We own or have the license to use:

    1. We hereby grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms. By "access," we mean visit the Website, use its services, and view or download its content. " Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on this Website.

    2. The license granted in section 4.2 does not include any of the following: (1) resale or commercial use of the Website; (2) distribution, public performance, or public display of the Website or the content; (3) changing or otherwise making any derivative uses of the Website and the content, or any part of the Website or the content, unless we specifically authorize change or derivative use in a separate written agreement with you; (4) use of any data mining, robots, or similar gathering or extraction methods; (5) downloading (other than webpage caching) any portion of the Website or the content except as permitted on the Website; or (6) any other use of the Website or the content other than for its intended purpose. Your license to access the Website does not transfer ownership of or title to a copy of any content that you view or print, and we only authorize you to use your copy according to these terms. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the Website or the content except as authorized by these terms will terminate the license granted here. Unauthorized use of the Website or the content may also violate intellectual property laws or other laws. Unless stated here, nothing in these terms should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We may revoke this license at any time.

  1. Registration

    1. Account Creation . To fully access the Website, you may have to register. Registration is free (subject to credit card age verification) and for a single user only. To register, you must complete the registration process by providing us with accurate information as prompted by the registration form. You also will choose a password and a user name.

5.2 Notice Regarding Cross Sales. You may be asked to join one or more additional websites as part of the registration process. If you join one or more additional websites as part of the registration process, you will be subject to the terms and privacy policies for those additional websites, and you hereby consent to us disclosing the information you provided during registration to those additional websites.

    1. Responsibility for Account . You are entirely responsible for maintaining the confidentiality of your password and account. Further, you are entirely responsible for all activities that occur under your account. You will promptly notify us of any unauthorized use of your account or any other breach of security.

    2. Liability for Account Misuse . We will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by us or another person due to someone else using your account or password.

    3. Use of Other Accounts . You will not use anyone else's account at any time.

    4. Account Security . We care about the integrity and security of your personal information. But we cannot guarantee that unauthorized third parties will never be able to defeat the Website's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. Use of Website

    1. As a condition of your access to the Website and your continued access of the Website, you will:

      1. Comply with all laws and regulations of any governmental body that apply to your access to the Website and its content, including laws relating to the Internet, data, email, privacy, or the sending of technical data exported from the United States or the country where you live;

      2. Keep your password secure and be responsible for all use of your account;

      3. Not use the Website for any unlawful purpose or in any way that is prohibited by these terms;

      4. Not use the Website in any way that exposes us to civil or criminal liability;

      5. Not use the Website to infringe on the intellectual-property rights of another person, including to make, obtain, post, or otherwise access illegal or infringing copies of copyrighted content;

      6. Not use the Website to submit, publish, display, disseminate, or otherwise communicate any defamatory, libelous, inaccurate, abusive, harmful, threatening, obscene, offensive, hateful, discriminatory, infringing, or illegal material to any other user of this Website or to any other person;

      7. Not use the Website to exploit or harm or to try to exploit or harm minors by exposing them to inappropriate content, asking for personal information, or otherwise;

      8. Not use the Website to harass, stalk, or otherwise invade the privacy of another person (including the dissemination of personal information);

      9. Not use the Website to promote the physical harm or injury of any individual or group, or promote any act of cruelty to animals;

      10. Not use the Website to engage in false or deceptive advertising or trade practices;

      11. Not use or try to use any other user's account on the Website;

      12. Not impersonate another person during your use of the Website, including registering or trying to register another person for an account;

      13. Not use any automated means-including robots, crawlers, or data mining tools-to download, monitor, or use data or content from the Website;

      14. Not change, build on, or block any part or functionality of any embeddable player, including links back to the Website;

      15. Not use the Website to collect email addresses for sending unsolicited messages;

      16. Not take any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it;

      17. Not forge headers or otherwise manipulate identifiers to disguise the origin of any information you send;

      18. Not disable, circumvent, or otherwise interfere with security related features of the Website, features that prevent or restrict use or copying of content, or features that enforce limits on the use of the Website or the content on it, including any digital rights management (DRM) functionality;

      19. Not remove any proprietary notices or labels-including copyright, patent, service mark, or trademark notices-on the content;

      20. Not post, link to, or otherwise make available on the Website any content that contains software viruses or any computer code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any software, hardware, or telecommunications equipment;

      21. Not send, create, or reply to so-called "mail bombs" (that is, emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent); engage in "spamming" (that is, unsolicited emailing for business or other purposes); or undertake any other activity that may adversely affect the operation or enjoyment of this Website by another person;

      22. Not reproduce, sell, resell, or otherwise commercially exploit or make available the Website or its content to any other person;

      23. Not "frame" or "mirror" the Website; or

      24. Not reverse engineer any part of the Website.

    2. You will only access this Website in accordance with these terms; we prohibit any other use of this Website. You are solely responsible for all acts and omissions that occur because of your use of the Website. We may change, limit, or cancel your access if you fail to comply with these terms. Unauthorized use of the Website or the content may also violate various laws, including copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We may take appropriate action against you for any unauthorized use of the Website or the content, including civil, criminal, injunctive relief, and termination of your access or registration.

  2. Links

    As a convenience to you, the Website contains links to other websites and resources provided by persons independent from us. We have no control over the contents of those websites or resources and they may contain content that some people might find inappropriate or offensive. We are not liable to you for any loss or damages that may arise from your use of these links, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links), including embedded or third-party feeds from webcam sites. If you decide to access any of the third party websites (or advertisements) linked to this Website, you do so at your own risk and subject to the terms and privacy policies posted on those websites. We recommend that you review the terms and privacy policies posted on all third-party websites. It is your responsibility to take all protective measures to guard against viruses or other destructive elements. Links or advertisements do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any advertisement or linked website is authorized to use any Internet Key mark or copyright symbol. We do not endorse the opinions expressed on any website linked to this Website. We may discontinue linking to any linked website at any time. Please contact the webmasters of any linked websites about any information, goods, or services appearing on them.

  3. Copyright Infringement

    We prohibit copyright infringing activities. If you believe that any content violates your copyright, please see our DMCA policy [insert as link to DMCA policy] for instructions on sending us a notice of copyright infringement. It is the policy of Internet Key to terminate the user accounts of repeat infringers.

  4. Trademarks

    1. The trademarks, service marks, logos, slogans, and domain names ("marks") referenced on the Website, including SEXKEY and SKSUPPORT, are either common-law service marks or trademarks, or registered service marks or trademarks that belong to Internet Key Inc., and trademark laws in the United States and other countries, as well as international laws and treaties, protect them. Other names of actual companies, products, or services mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with Internet Key Inc., or that those owners endorse or have any affiliation with this Website. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, meta tags, or any other "hidden text" using marks that belong to Internet Key Inc. and its licensors, without advanced written permission from Internet Key Inc. or the third party who may own the mark.

    2. You will not reproduce, imitate, or use the Website's marks in any way that is likely to cause confusion among consumers, or in any manner that disparages or discredits the Website or Internet Key. If you do any of this, your actions may amount to infringement of Internet Key's rights or the rights of third parties.

  5. Reliance on Information Posted

    1. We make the information presented on or through the Website available for general information purposes only. We are not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We will not be liable for any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

    2. This Website includes content provided by third parties, including materials provided by third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of Internet Key. We will not be liable to you or any nonparty for the content or accuracy of any materials provided by any third parties.

  6. Changes to the Website; Availability

    1. Although may update the content on this Website on one or more occasions, the 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 that material. If you believe you have found errors or omissions on the Website, you can bring them to our attention by contacting us at members@sksupport.com.

    2. While we will try to make sure that this Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.

  7. Information About You and Your Visits to the Website

    1. All information we collect on this Website is subject to our privacy policy [insert as link to website's privacy policy]. We may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you. By accessing the Website, you consent to all actions taken by us with respect to your information in compliance with the privacy policy.

    2. By accessing this Website, you acknowledge that Internet transmissions are never completely private or secure. You also acknowledge that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission is encrypted.

  8. Compliance with Laws

    The owner of the Website is located in the state of New Jersey in the United States. We are not making any statement that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with all local laws.

  9. Termination

    1. Termination on Notice . Either party may terminate this agreement at any time by notifying the other party.

    2. Termination by Us . We may suspend, disable, or cancel your access to the Website (or any part of it) if we determine that you have breached any provision of these terms or that your conduct would tend to damage our reputation and goodwill. If we terminate your access for any of these reasons, you must not access the Website. We may block your email address and Internet protocol address to prevent further access.

    3. Effect of Termination . On termination, your right to access the Website and all licenses granted by us will terminate. These terms will survive the termination of your access to the Website.

  10. Disclaimer of Warranties

15.1 You acknowledge that we cannot and do not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to our Website for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

15.2 Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. We provide the Website, its content, and any services or items obtained through the Website "as is," "with all faults," and "as available," without making any warranties, either express or implied. We are not making any warranty about the completeness, security, reliability, quality, accuracy, or availability of the Website. We are not making any warranties (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that our Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

15.3 We are not making any warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, title, noninfringement, privacy, and fitness for particular purpose.

  1. Limit on Liability; Release

    1. We will not be liable to you for any of the following:

      1. Errors, mistakes, or inaccuracies of content;

      2. Personal injury or property damage resulting from your access to and use of the Website;

      3. Content or conduct that is infringing, inaccurate, obscene, indecent, offensive, threatening, harassing, abuse, defamatory, libelous, abusive, invasive of privacy, or illegal;

      4. Unauthorized access to or use of our servers and any personal or financial information stored in them, including unauthorized access or changes to your account, submissions, transmissions, or data;

      5. Interruption or cessation of transmission to or from the Website;

      6. Bugs, viruses, Trojan horses, malware, ransomware, or other disabling code that may be transmitted to or through the Website by any person or that might infect your computer or affect your access to or use of the Website, your other services, hardware, or software;

      7. Incompatibility between the Website and your other services, hardware, or software;

      8. Delays or failures you might experience in starting, conducting, or completing any transmissions to or transactions with the Website; or

      9. Loss or damage of any kind incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website.

    2. You hereby release us from all liability arising out of the conduct of other users or nonparties, including disputes between you and one or more other users or third parties.

  2. Exclusion of Damages; Exclusive Remedy

17.1 Unless caused by our gross negligence or our willful and wanton misconduct, we will not be liable to you for any direct, indirect, special (including so-called consequential damages), punitive, or exemplary damages-regardless of theory of liability-arising out of your access or your inability to access the Website or the content. We also will not be liable to you-regardless of theory of liability-for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies even if you told us about the possibility of these damages or we knew or should have known about the possibility of these damages.

17.2 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. Our maximum liability to you for any claim will not exceed $1.

  1. Scope of Disclaimers, Exclusions, and Limits

    The disclaimers, exclusions, and limits stated in sections 15, 16, and 17 apply to the greatest extent allowed by law, but no more. We do not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits may not apply to you.

  2. Loss Payment (aka Indemnification)

19.1 In General. You will pay us for any loss of ours that is caused by (1) your access of the Website; (2) your conduct on the Website; (3) your breach of these terms; (4) your violation of rights of another person, including intellectual property and privacy rights; or (5) your negligent or intentional misconduct. But you are not required to pay if the loss was caused by our intentional misconduct.

    1. Definitions

      1. "Loss" means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages.

      2. A loss is "caused by" an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.

    2. Our Duty to Notify You . If we have your contact information, we will notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be compelled to pay. But our failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to mitigate losses.

    3. Legal Defense of a Claim . We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we will cooperate with each other in good faith on a claim.

    4. No Exclusivity . Our rights under this section do not affect other rights we might have.

  1. Governing Law; Place for Resolving Disputes

20.1 The laws of the state of New Jersey-without giving effect to any principles of conflicts of law-govern all matters arising out of (or relating to) the Website or these terms. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a "sale of goods."

20.2 Except for disputes subject to arbitration, all disputes arising out of (or relating to) the Website or these terms will be subject to the exclusive jurisdiction and venue of the United States District Court for the District of New Jersey or any state court in Monmouth County, New Jersey. Each party hereby submits to the personal jurisdiction of the United States District Court for the District of New Jersey and state courts in Monmouth County, New Jersey to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.

20.3 For purposes of this section, the Website will be deemed solely based in the state of New Jersey and will be deemed a passive website that does not give rise to personal jurisdiction over Internet Key, either specific or general, in any other jurisdiction.

  1. Dispute Resolution

    1. In General . Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of (or relating to) the use of the Website.

    2. Litigation Election . Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution process.

21.3 Mediation. If the parties cannot settle a dispute arising out of (or relating to) the Website or these terms through negotiation after 30 days, either party may, by notice to the other party and the International Institute of Conflict Prevention & Resolution ("CPR"), demand mediation under the Mediation Procedure of CPR. Mediation will take place in Keyport, New Jersey. The language of the mediation will be English. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial discussion between the mediator and the parties. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing.

21.4 Arbitration. If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of (or relating to) the Website or these terms by arbitration administered by CPR under its Rules for Administered Arbitration. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. A single arbitrator will preside over the arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will issue a final award on all issues submitted to the arbitrator. The arbitrator's award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Arbitration will take place in Keyport, New Jersey. The language of the arbitration will be English. The parties will bear equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case, subject to the arbitrator's right to award costs and fees to the prevailing party under these terms. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these terms without the advance written consent of both parties. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, governs the interpretation and enforcement of these terms, plus any post-award proceedings. The arbitrator's authority to grant relief will be subject to the provisions of these terms and the CPR Code of Ethics for Arbitrators in Commercial Disputes. The arbitrator will not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms.

    1. Right to Injunctive Relief . Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full payment if the other party breaches these terms, and that an aggrieved party may seek injunctive relief if a breach happens, besides seeking all other remedies available at law or in equity.

    2. Recovery of Expenses . In any adversarial proceedings between the parties arising out of this agreement or relating to the subject matter of this agreement, the prevailing party will be entitled to recover from the other party, besides any other relief awarded, all expenses that the prevailing party incurs in those proceedings, including legal fees and expenses. For purposes of this section, "prevailing party" means, for any adversarial proceeding, the party in whose favor an award is rendered, except that if in those proceedings the award finds in favor of one party on one or more claims or counterclaims and in favor of the other party on one or more other claims or counterclaims, neither party will be the prevailing party. If any proceedings are voluntarily dismissed or are dismissed as part of settlement of that dispute, neither party will be the prevailing party in those proceedings.

21.7 Waiver of Jury Trial. Both parties hereby waive the right to a trial by jury for any dispute arising out of (or relating to) the Website or these terms. Either party may enforce this waiver up to and including the first day of trial.

21.8 Class Action Waiver . The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.

21.9 Limitation on Time to File Disputes . A party will not file a dispute arising out of (or relating to) the Website or these terms more than one year after the cause of action arose. Any dispute brought after one year is barred.

  1. Miscellaneous Provisions

    1. Entire Agreement . These terms form the entire agreement between you and us about your access to the Website. It supersedes all earlier or contemporaneous terms between you and us about access to the Website. A printed version of these terms will be admissible in any proceedings arising out of (or relating to) these terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.

    2. Copy of these Terms . You may-and we recommend that you-print these terms on your printer or save them to your computer. If you have trouble printing a copy, please contact us at members@sksupport.com and we will email you a copy.

    3. Changes . We may change these terms on one or more occasions. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the "last updated" date stated at the top of the terms. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes . While we will try to notify you when we make changes to these terms, we do not assume an obligation to do so, and it is your responsibility to frequently check this webpage to review the most current terms. By continuing to use the Website after we post changes to these terms, you agree to the revised terms. If you do not agree to the revised terms, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at members@sksupport.com.

    4. Assignment and Delegation . We may assign any rights or delegate any obligations under these terms to an affiliate or third party. You will not assign your rights or delegate your obligations under these terms without our advanced written consent. Any attempted assignment or delegation in breach of this provision will be void.

    5. No waiver . If either party fails to require the other party to perform any provision of these terms, that failure does not prevent the party from later enforcing that provision. If either party waives the other's breach of a provision, that waiver is not treated as waiving a later breach of the provision.

    6. Severability . If any part of these terms is for any reason held to be unenforceable, the rest of it remains fully enforceable if the essential provisions of these terms for each party remain valid.

    7. Cumulative Remedies . All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.

    8. Successors and Assigns . These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under these terms.

    9. Force Majeure . We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:

      1. Acts of God, including fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;

      2. War, riot, arson, embargoes, acts of civil or military authority, or terrorism;

      3. Fiber cuts;

      4. Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;

      5. Failure of the telecommunications or information services infrastructure; and

      6. Hacking, SPAM, or any failure of a computer, server, network, or software.

    10. Notices

      1. Sending Notice to Us . You may send notice to us by email at members@sksupport.com unless a specific email address is set out for giving notice. We will consider an email notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information on one or more occasions by posting the change on the Website. Please check the Website for the most current information for sending notice to us.

      2. Sending Notice to You­ -Electronic Notice. You consent to receiving any notice from us in electronic form either (1) by email to the last known email address we have for you or (2) by posting the notice on a place on the Website chosen for this purpose. We will consider notices sent to you by email received when our email service shows transmission to your email address. You state that any email address you gave us for contacting you is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.

    11. Permission to Send Emails to You . You hereby grant us permission to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult oriented material, sexual content and language, and images of nudity unsuitable for minors. Your permission will continue until you ask us to remove you from our email list. For more information, please see our privacy policy [insert as link to website privacy policy].

    12. Electronic Communications Not Private . We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.

    13. Electronic Signatures . Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

    14. Consumer Rights Information-California Residents Only . This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:

      Internet Key Inc.

      1 Main Street
      Keyport, New Jersey 07735
      United States
      +1 (734) 888-4422

      Users who want to gain access to the password-restricted area of the Website must register. We do not charge consumers for registering, but we may charge for registering in the future. You may contact us at members@sksupport.com to resolve any disputes or to receive further information about the Website.

    15. Complaints -California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.

    16. English language . We have drafted these terms and the privacy policy in the English language. We assume that you can read and understand the English language. We are not liable to you or any other person for any costs or expenses incurred to translate these terms or the privacy policy into another language. The English language version controls over any translated version.

    17. Feedback . We encourage you to provide feedback about the Website. But we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

    18. Your Comments and Concerns . This Website is operated by Internet Key Inc., which is located at 1 Main Street, Keyport, New Jersey 07735. You should send all notices of copyright infringement claims to the copyright agent designated in our DMCA policy [insert as link to DMCA policy] in the manner and by the means set out in our DMCA policy. You should direct all other feedback, comments, requests for technical support, and other communications relating to the Website to members@sksupport.com.

  2. Usages

    In these terms, the following usages apply:

    1. Actions permitted under these terms may be taken at any time and on one or more occasions in the actor's sole discretion.

    2. References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.

    3. References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.

    4. In computing periods from a specified date to a later specified date, the words "from" and "commencing on" (and the like) mean "from and including," and the words "to," "until," and "ending on" (and the like) mean "to but excluding."

    5. References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

    6. "A or B" means "A or B or both." "A, B, or C" means "one or more of A, B, and C." The same construction applies to longer strings.

    7. "Including" means "including, but not limited to."