Terms of Service

    Terms And Conditions

    These Terms and Conditions of Use apply to all portions of the BKSGirls.com Web Site and Sub Domains and Sub Directories. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE BKSGirls.com and BKSStudio.com websites.

    By using the BKSGirls.com Web site, you signify that you agree to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the BKSGirls.com Web site following the posting of changes to these terms will mean you accept those changes.

    Restrictions on the Use of Materials

    Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the BKSGirls.com Web site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by BKSGirls.com (Best Kept Secret Talent Agency, llc). No material from the BKSGirls.com Web site may be copied, reproduced, framed, hyperlinked, republished, uploaded, posted, transmitted, or distributed in any way.

    Use of any robot, spider, other automatic device, program or system, or manual process to monitor or copy our Web pages or the content contained herein is strictly forbidden.

    Modification of the materials or use of the materials for any other purpose is a violation of BKSGirls.com & Best Kept Secret TA, llc’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to BKSGirls.com & Best Kept Secret TA, llc.

    Usage by Minors and Those Outside the United States

    BKSGirls.com is considered an Adult Web Site. Every effort is made to promote this fact and make it plainly visible. That being said, BKSGirls.com cannot prohibit minors from visiting the BKSGirls.com Web site. Although every effort has been made, and all available technologies for identifying sites with adult content are being employed, BKSGirls.com must ultimately rely on parents, guardians and those responsible for supervising Minors to control access.

    BKSGirls.com makes no claims that the Materials available on the BKSGirls.com Web Site may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

    Your Member Account

    If you register as a BKSGirls.com user, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to immediately notify BKSGirls.com of any unauthorized use of your username and password or any other breach of security.

    By creating a Member Account, you agree to use the BKSGirls.com Web Site in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the BKSGirls.com Web site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

    Fees and Payments

    BKSGirls.com reserves the right at any time to charge fees for access to portions of the BKSGirls.com Web site or the BKSGirls.com Web site as a whole. However, in no event will you be charged for access to the BKSGirls.com Web site unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred.

    E-Mail and Public Communication

    “Communication” means letters, e-mails or other types of communications to the Webmaster(s) or employees of BKSGirls.com, and messages posted in connection with BKSGirls.com online Talent Portfolios and Agency descriptions. You shall not upload, distribute through, or otherwise publish through any portion of the BKSGirls.com Web site any content which is libelous, defamatory, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

    The BKSGirls.com Web Site shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other guests of the BKSGirls.com Web site to join or become members of any commercial online or offline service or other organization is expressly prohibited.

    Therefore, subject to the terms of the BKSGirls.com privacy policy, in general, we will not monitor or edit or disclose the contents of communications posted to the site unless required in the course of normal maintenance of the BKSGirls.com Web site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on BKSGirls.com; (2) protect and defend the legitimate business interests, rights or property of BKSGirls.com, it’s users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Users shall remain solely responsible for the content of their communications. BKSGirls.com has the right but not the obligation to monitor and edit or remove any communications and content posted to the BKSGirls.com Web Site.

    By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived.

    Privacy

    Registration data and certain other demographic information about you are subject to BKSGirls.com’s privacy policy. For more information, see BKSGirls.com’s full privacy policy which is incorporated in full herein by this reference.

    Termination

    These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all BKSGirls.com Web site(s) and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. These terms will terminate immediately without notice from BKSGirls.com if in BKSGirls.com’s sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from the BKSGirls.com Web site and all copies thereof, whether made under the terms of these terms or otherwise. BKSGirls.com may take such further action as BKSGirls.com determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and BKSGirls.com shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from BKSGirls.com’s exercise of its rights under these terms and conditions.

    Other Products and Services

    Any reference made by the BKSGirls.com Web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by BKSGirls.com. Content on the BKSGirls.com Web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of BKSGirls.com.

    Links to Other Web Sites

    To the extent that the BKSGirls.com Web site contains links to outside services and resources, BKSGirls.com does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

    Jurisdiction
    The BKSGirls.com Web site is controlled and operated by BKSGirls.com from its offices in the State of Florida. These terms shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Broward County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the BKSGirls.com service, and these Terms of Service must be filed within one (1) year of the date the claim or cause of arose, or be barred as untimely. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by BKSGirls.com.

    DISCLAIMER

    THE MATERIALS IN THE BKSGirls.com WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BKSGirls.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BKSGirls.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BKSGirls.com WEB SITE OR THE SERVER(S) THAT MAKES THE BKSGirls.com WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BKSGirls.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE BKSGirls.com WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BKSGirls.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

    LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BKSGirls.com BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE BKSGirls.com WEB SITE, EVEN IF BKSGirls.com OR A BKSGirls.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL BKSGirls.com’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BKSGirls.com WEB SITE.

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