Avenue72.com and its related sites ("Service" or "Site" or "Avenue72.com") are provided to all users ("User" or "Users") subject to these Terms of Service ("Terms"). Any use of the Service bounds a User to these Terms. If a User objects to any portion of these Terms, a User must immediately discontinue the use of the Site. Avenue72.com reserves the right to enforce these terms via any available lawful means, including but not limited to, civil litigation and referral to applicable authorities for criminal prosecution.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AVENUE72.COM. ALL USERS OF AVENUE72.COM SHOULD CAREFULLY REVIEW THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT USERS' LEGAL RIGHTS AND RESPONSIBILIITES.

These Terms may be supplemented by additional legal policies or procedures, which are hereby incorporated by reference. These policies may include, but are not limited to, the following:

In circumstances where there are conflicts between these Terms and the additional policies above, these Terms shall be deemed superior to the terms of any other policy.

Definitions

  1. "Operator" refers to an individual that accesses Avenue72.com primarily for the purpose of providing Operator Services to Users.
  2. "Operator Services" generally includes any Content, voice performances, entertainment services, general information and other products or services a User may receive from Operators or that may be advertised on Operator Listings.
  3. "Operator Listings" refers to portions of the Site that are primarily advertisements for Operator Services, and which are controlled and maintained by individual Operators.
  4. "User" refers to any Internet visitor of Avenue72.com and its related sites, namely a visitor that solicits or receives Operator Services from Operators.
  5. "Transaction" means any Operator Service for which a price is posted, namely live or recorded call through the Site initiated via a User account.
  6. "Content" is information, materials and other content, including, but not limited to, video, sounds, text, and designs.
  7. "Visitor" refers to any individual Internet browser that may view any portion of the Site, particularly public portions of the site that do not require registration.
  8. "Registered Users" are individuals that choose to participate more fully on the Site. Registered Users may include "Users" and "Operators." This higher level of participation may be marked by, but is not necessarily limited to, an individual's decision to register with the Site, make a purchase, perform Operator Services or otherwise share more detailed personal or payment information with the Site.

Registration, User Data and User Accounts

  1. Avenue72.com Registration Eligibility. By using the Service or the Site, you represent and warrant that you are eighteen years of age (18) or older, and that you agree to abide by these Terms. By registering with the Site, a User affirms that the User's registration is in compliance with all laws, rules and regulations applicable to the User. Avenue72.com reserves the right to prevent or cancel a User's registration for any reason. Membership on Avenue72.com is void where prohibited by law.
  2. User Account Registration Data. Any information provided to the Site by Users must be accurate, current and complete. False identities, false screen names, or impersonation of third parties is forbidden. Users shall update information promptly. Users agree to maintain the security of their respective usernames, passwords, and other personally identifiable information on the site. Users are responsible for any activities and actions undertaken via the User's account on the site.
  3. User Account Registration Verification. Avenue72.com may, in its sole discretion, require additional verification of a Use's identity, credit, or other background information for a User to continue accessing the Site. Upon request, a User shall provide Avenue72.com with additional information that may be requested. User further agrees that Avenue72.com shall have the right to verify credit, identity and other background information with third parties, including, but not limited to, obtaining a User's consumer credit report.
  4. User Account Responsibility and Security. The owner of a User Account is solely responsible for all activities occurring on the Site under the applicable User Account.
    1. User agrees to maintain the confidentiality of the applicable User account and password.
    2. User is responsible for all activities that occur under the applicable User account, including, but not limited to, any third party use of an applicable User Account.
    3. User will not permit any unauthorized third party from accessing the site via the User's account.
    4. User agrees that Avenue72.com is not responsible for User loss that may occur as a result of any unauthorized use of a User account or password.
    5. User shall not employ the Site for any purpose that is unlawful, fraudulent or contrary to these Terms.
    6. User agrees to cooperate with any Avenue72.com investigation into fraudulent or unlawful activity.
    7. User agrees not to create obscene, defamatory or hateful Screen name.
  5. User Account Suspension, Cancellation and Termination. Avenue72.com reserves the right, in its sole discretion, to suspend OR terminate the account of any User for any reason. The Site may similarly prohibit a User from accessing the Site or any portion of the Service at its sole discretion. Avenue72.com reserves the right to cancel or disable accounts dormant for a period in excess of 12 months.
    1. Any User account that is suspend OR terminate cancelled will continue to be liable for all charges incurred while using the Site.
  6. User Acceptance of Privacy Policy. Avenue72.com maintains a separate Privacy Policy applicable to the Service, incorporated by reference, which explains the Site's collection and use of information gathered on the Site. Personally-identifiable information that you submit to Avenue72.com for purposes of receiving products or services will be handled in accordance with the Avenue72.com Privacy Policy or other applicable provisions. Any User accessing the Site acknowledges and agrees to the Avenue72.com Privacy Policy.

Content and Intellectual Property

  1. Site Ownership. The Service and Site are owned by Avenue72.com or its corporate parents. Most aspects of the Service and Site, including but not limited to, all methods, processes, content, formats, domain names, designs, phone numbers, toll free numbers and number extensions are the exclusive property of Avenue72.com. Other rights, including, but not limited to, all inventions, trade secrets, patents, copyrights, trademarks and other intellectual property rights are the exclusive property of Avenue72.com. Avenue72.com does not confer any rights to any User, either expressly or by implication, except as otherwise provided herein.
  2. Prohibition on Infringement. No User shall use the Site to infringe upon any copy written works, trademarks, trade secrets, or other intellectual property rights of any third party.
  3. User Communications. Users acknowledge that communications with Avenue72.com, including, but not limited to, comments, suggestions, questions, and other information or communications about the Service are not confidential. Such communications shall become the property of Avenue72.com. In sending the Site any information or material, you grant Avenue72.com an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information without User compensation or acknowledgment.
  4. Limited License to Access Content. The Content appearing on Avenue72.com may be subject to copyright protection. Applicable copyrights are the proprietary property of Avenue72.com, its Users, its licensors, or other third parties with all rights reserved.
    1. Content on Avenue72.com may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or otherwise used for the creation of derivative works without the express written consent of Avenue72.com.
    2. Users are granted a non-exclusive, non-transferable, limited permission to access and display the Content appearing on Avenue72.com on the User's client for purposes of personal, non-commercial use of the Service subject to these Terms. Users must retain all copyright, trademark, and other intellectual property notices contained in content.
    3. Some Content appearing on Avenue72.com, including, but not limited to, third party content, software and related resources, may be subject to their own terms, conditions, licenses and notices. Such Content shall be governed by their own terms and conditions as may or may not be provided.
    4. All licenses provided to Users by Avenue72.com are subject to revocation by the Service at any time without notice and with or without cause. Any use of the Service other than specifically provided in these Terms or as expressly granted by Avenue72.com is strictly prohibited and shall immediately terminate without notice any license granted by these Terms.
  5. Trademarks, Service Marks and Other Intellectual Property. Content appearing on Avenue72.com may contain trademarks, service marks, trade names and trade dress owned by Avenue72.com. These marks and names are subject to applicable trademark laws in the United States and internationally, and may not be used in connection with any service or product that is likely to violate applicable trademark laws unless such use is expressly granted by Avenue72.com. Unless explicitly stated, nothing in these Terms shall be construed as a grant of intellectual property rights under any legal theory.
  6. Third Party Content and Services. The Content available via the Service may include access to third party sites, services and content provided by other Users that is completely independent of Avenue72.com.
    1. These third party resources may include, but are not limited to, third party web sites, software, products, services, networks and similar resources.
    2. Inclusion of third party resources on Avenue72.com does not imply endorsement or approval of any particular resource. Avenue72.com does not investigate, review, monitor or otherwise regulate third party resources that may appear on the Site, and the Service does not warrant the accuracy, completeness or appropriateness of third party resources appearing on the Site. Any User choosing to interact with a third party resource appearing on Avenue72.com is subject to the terms and conditions of that particular third party resource.
    3. Users access third party resources found on the Site at their own risk. Avenue72.com urges Users to review the applicable terms and policies, including privacy and data gathering practices, of any third party resource accessed from Avenue72.com. All Users agree that Avenue72.com shall not be responsible for any loss or damage of any sort incurred as the result of any dealings or transactions between a User and a third party.
  7. Linking to the Site. Avenue72.com generally licenses third parties to provide links to the Site.
    1. Links to the Site must not alter the visual appearance or content of the site, misrepresent a relationship with Avenue72.com, imply that the link is an endorsement or approval of the linking site or its related products and services by Avenue72.com, present false information about Avenue72.com or otherwise damage the reputation and goodwill of Avenue72.com.
    2. All links to Avenue72.com are subject to the Site's continuing permission to maintain such links. Avenue72.com reserves the right to terminate permission to link to the Site at any time and third parties that link to the Site are obligated to immediately remove all links to the Site upon the request of Avenue72.com.
  8. Claims of Copyright Infringement. Avenue72.com prohibits copyright infringement on its Site. Pursuant to the Digital Millennium Copyright Act ("DMCA"), Avenue72.com provides the following contact information for receipt of infringement notices: admin@Avenue72.com
    1. Any notice of claimed infringement must be a written communication that includes the following under 17 U.S.C. §512(c)(3):
      1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
      4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
      5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Upon receipt of a notice of claimed infringement, Avenue72.com will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of the claim. Subsequent proceedings after initial notification are governed by the DMCA. Pursuant to the DMCA and other applicable law, Avenue72.com reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.
  9. Claims of Trademark Infringement. Avenue72.com prohibits trademark infringement on its Site. Avenue72.com provides the following contact information for receipt of infringement notices: admin@Avenue72.com
    1. Any notice of claimed infringement must be a written communication that includes the following:
      1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of the trademark claimed to have been infringed, complete with registration number and issuing government authority.
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
      4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
    2. Upon receipt of a notice of claimed infringement, Avenue72.com will investigate the claim. Avenue72.com reserves the right to terminate any infringer, particularly repeat infringers, for any reason in its sole discretion.

Site and Service

  1. Limitations of Service. Avenue72 acts solely as a technological intermediary between Operators and Users. Avenue72 does not produce, provide or control Operator services or content. Avenue72 does not evaluate or control information shared between Users and Operators. Avenue72 does not provide any content, product or service other than the technical services that allow Operators and Users to connect via voice conversation. Avenue72 maintains no editorial or other control concerning content provided by Operators or Users, on the website or during voice conversations, sexually explicit or otherwise.
  2. Independent Operators. Avenue72.com does not evaluate, provide, produce or control the Operator Services, or information or exchanges between Users and Operators, in any manner.
    1. Avenue72.com does not verify, guarantee or make any representations regarding the identity or qualifications of any Operator.
    2. Avenue72.com does not make editorial or managerial decisions concerning Operator content, sexually explicit or otherwise, and assumes no responsibility for any Operator's compliance with laws or regulations concerning the content of listings.
    3. Avenue72.com does not control and is not responsible for the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by any User or Operator. This includes, but is not limited to, calls between Users and Operators and Operator Listings.
    4. Operator Listings found on the Site do not imply that Avenue72.com endorses, recommends, verifies or evaluates any Operator Services. No content on the Site shall be considered a referral, endorsement, recommendation or guarantee of any Operator.
  3. Compliance with Terms. Avenue72.com reserves the right to monitor any communications between Users and Operators for the purposes of enforcing User and Operator compliance with these Terms.

User's Consumption of Services on the Site

  1. Financial Responsibility. User agrees to pay for all Operator Services purchased using the applicable User account and password.
  2. Applicable Rates. The rates for Operator Services are as set forth in the individual applicable Operator Listings.
  3. Billing. Each User expressly authorizes Avenue72.com to collect a fee for each Transaction, regardless of quality or completeness. Fees for live and recorded calls shall be calculated based on the Operator's per-minute rate multiplied by the per-minute duration of the call. Avenue72.com may occasionally offer alternative billing arrangements, details of which will be available on other portions of the Site.
  4. Service Restrictions. User agrees to the following restrictions as a condition of employing the Service.
    1. All communications between Users and Operators shall occur only via Avenue72.com.
    2. User will not record or otherwise store any Operator Services accessed via the Site.
    3. No User or Operator shall divulge personally identifying information to any other User or Operator.
    4. No User shall attempt to circumvent the Site, its payment process, or its communications process by any means.
    5. No User shall engage in any activity that would be considered harassing to any other User or Operator.
    6. No User shall make any effort to obtain unauthorized access to any portion of the Site that is not intended for the User.
    7. No User shall make any communication to other Users or Operators related to any third-party economic interest, including, but not limited to, promotions of other websites, businesses or interests.
    8. No User shall take any fraudulent action intended to undermine the Operator feedback system, including, but not limited to, leaving fraudulent feedback of any kind.
    9. Members who initiate and receive Operator Services do so entirely at their own risk.

Disclaimer of Warranties and Limitation of Liability

  1. Disclaimers. Avenue72.com attempts to ensure accuracy of information on the site, but cannot guarantee that any content is entirely correct, current or complete. The Site may contain technical inaccuracies or typographical errors. The Site may occasionally be temporarily unavailable for maintenance and related reasons. USE OF THIS SITE IS AT A USER'S SOLE RISK. ALL CONTENT AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. AVENUE72.COM EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, AVENUE72.COM MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT ACCESSING AVENUE72.COM IS AT THE USER'S OWN RISK AND DISCRETION AND THAT THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  2. Limitation of Liability. IN NO EVENT WILL AVENUE72.COM OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SITE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE SITE FOR THE SERVICE, BUT IN NO CASE WILL THE SITE'S LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO AVENUE72.COM FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM AVENUE72.COM, REGARDLESS OF THE CAUSE OF ACTION.
  3. Indemnity. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY AVENUE72.COM, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF OPERATOR SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED.

Additional Terms

  1. Notices. Any notice or other communication regarding these Terms shall be written. Notices sent to Avenue72.com shall be sent to admin@Avenue72.com, with hard copy directed to Avenue72.com DBA Media Media, LLC, 109 E. 17th St. Suite 4271, Cheyenne, WY 82001.
  2. Governing Law. This Site has been designed to comply with United States law. Avenue72.com does not guarantee that the content of the Site is appropriate for jurisdictions outside the United States. All Users agree that by visiting or using the Site the laws of the State of Wyoming, without regard to principles of conflict of laws, will govern these Terms.
  3. Dispute Resolution. Any dispute shall be subject to mediation conducted by the American Arbitration Association (AAA) with a mediator that shall be mutually selected, or if agreement cannot be reached, with a mediator assigned by the AAA. If the dispute is not resolved within 30 days after it is referred to a mediator, the matter shall be referred to binding arbitration. Costs of the mediation shall be borne equally by the parties.
    1. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by the AAA with an arbitrator that shall be mutually selected, or if agreement cannot be reached, with an arbitrator assigned by the AAA. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. The arbitrator shall allocate costs of the arbitration, including applicable attorney fees.
  4. Assignment. Except as expressly provided herein, no User shall have any right or ability to assign, transfer, or sublicense any obligations or benefit under these Terms without the written consent of Avenue72.com.
  5. Severability. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms will continue in full force and effect.
  6. Modifications. Avenue72.com retains the right to modify these Terms at any time, and changes shall become effective immediately upon publication. While Avenue72.com may notify Users of changes, the User is obligated to review these Terms on a regular basis.
  7. Entire Agreement. These Terms, including additional policies incorporated by reference, constitute the entire agreement between Avenue72.com and a User.
  8. Waiver. Avenue72.com's failure to act with respect to a breach of these terms by a User does not waive the Site's right to act with respect to subsequent or similar breaches.