AGREEMENT TO TERMS CONDITIONS OF USE

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND SENSUALICA d/b/a SENSUALICA.COM.

IN GENERAL
The terms and conditions of use (“Terms of Use”) specified here govern the use of this Website and the services provided through the Website (the “Website Services” by SENSUALICA.COM (SENSUALICA), which owns and operates the Website. PLEASE READ THE TERMS OF USE CAREFULLY AND IN THEIR ENTIRETY BEFORE CONTINUING TO USE THE WEB SITE.

SENSUALICA provides a database along with services that allow the direct viewer and subscriber access to a database containing information that may be useful to its needs. Access is conditioned upon, acceptance of the Terms of Use and agreement to be bound by them in their entirety for as long as the subscriber has access to the resources.

By using the Website Services, you (sometimes referred to in your status as the “Subscriber”) consent to all of the Terms of Use specified here, and agree to be bound by them.

OWNERSHIP OF WEBSITE AND ITS CONTENT
This Website is owned and operated by SENSUALICA. All of the information and content featured or displayed on the Website (the “Content”), including, but not limited to, listings of artists, representatives, advertising agencies, design studios, support services, text, graphics, photographs, images, illustrations and software, is owned by or licensed to SENSUALICA or its advertisers.

TRADEMARKS
“SENSUALICA.COM” and the logos are trademarks and trade names (the “Trademarks”) of SENSUALICA, which you cannot use without our prior specific written permission. Nothing on the Website shall be construed as granting a license or right to use without its permission.

UPDATES
SENSUALICA reserves the right to update, add, delete, revise and change the Terms of Use at any time. Such changes are effective, and the Subscriber is bound by such changes, when the Subscriber “access” the SENSUALICA.COM website, or 30 days from the date the changes are posted to the Website, whichever occurs sooner.

The Subscriber shall abide by the terms of SENSUALICA’ Security Policy (see “SECURITY” below). The Subscriber shall not, except with written consent from SENSUALICA, use or permit the use of the information from the database:
to generate any statistical information;
to be published, distributed or disclosed to others;

DISCLAIMERS AND LIMITATIONS OF WARRANTIES
THIS WEB SITE AND ITS CONTENT IS PROVIDED “AS IS.” SENSUALICA EXCLUDES AND DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. SENSUALICA IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. THE SUBSCRIBER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO THE SUBSCRIBER’S USE OF THIS WEBSITE. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER SENSUALICA NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE LIABLE FOR DAMAGES OF ANY KIND.

THIRD PARTY LINKS
There may be links to other websites from the SENSUALICA website. Such other websites are not owned, operated or controlled by SENSUALICA, and SENSUALICA is not responsible for content contained on any such website or for any loss incurred as the result of a Subscriber’s use of such website. The Subscriber waives any and all claims against SENSUALICA regarding its inclusion of links to outside websites or the use of those websites.

INDEMNIFICATION
The Subscriber shall indemnify, defend and hold harmless SENSUALICA against all third party claims, actions and liabilities (including all reasonable costs, expenses and attorneys’ fees) arising from or in connection with (a) Subscriber’s products or services or the content of the Subscriber’s Copy, including, without limitation, any claim alleging any violation of a third party’s intellectual property rights; or (b) Subscriber’s breach of any of its obligations, representations or warranties under the Terms of Use.

RELATIONSHIP OF THE PARTIES
SENSUALICA and the Subscriber are independent contractors, and there is no partnership or agency relationship between them.

SECURITY
A user of this website (the “Site”) is prohibited from violating or attempting to violate the security of the Site, by (a) accessing information not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including but not limited to, submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail‑bombing” or “crashing.”

The user understands that for security purposes and to ensure that the Site remains available to all users, all network traffic is monitored to identify unauthorized attempts to upload or change information, or otherwise cause damage or conduct criminal activity. To protect the Site from unauthorized use and to ensure that the Site and the SENSUALICA Systems (the “Systems”) are functioning properly, a user is subject to having its activities monitored and recorded by authorized personnel. Anyone using this Site or the Systems expressly consents to such monitoring and acknowledges that if such monitoring reveals evidence of possible abuse or criminal activity, SENSUALICA may provide the results of such monitoring to the appropriate government officials. Except for authorized enforcement investigations, no attempt is made to identify individual users or their usage habits.

Violations of Site or System security may result in civil or criminal liability. SENSUALICA will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting a user involved in such violations. A user shall not use any device, software, script or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.

GENERAL PROVISIONS
Specific Performance. The Subscriber recognizes that a breach of this agreement by the Subscriber will cause irreparable injury and that money damages may be inadequate to remedy the injury to SENSUALICA. Therefore, in the event of a breach or threatened breach of this agreement, SENSUALICA is entitled to equitable relief, including injunctive relief and specific performance, without the posting of a bond or other security, and without proof of actual damages.

No Third-Party Rights. Nothing in the Terms of Use creates any right in any person not a party to the Terms of Use, and the Terms of Use shall not be construed in any respect to be a contract in whole or in part for the benefit of any third person.

Complete Agreement. The Terms of Use constitute the final agreement between a Subscriber and SENSUALICA. It is the complete and exclusive expression of the parties’ agreement on the matters contained in the Terms of Use. In the event of a conflict between the Terms of Use and any other document, the Terms of Use shall govern. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in the Terms of Use are expressly merged into and superseded by the Terms of Use. The Terms of Use may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealings. In entering into this agreement, the Subscriber has not relied upon any statement, representation, warranty, or agreement, except for those expressly contained in the Terms of Use. There are no conditions precedent to the effectiveness of the Terms of Use other than those expressly stated in the Terms of Use.

Severability of Provisions. If any provision of the Terms of Use is determined to be invalid, illegal or unenforceable, the remaining provisions of the Terms of Use remain in full force and effect, if the essential terms and conditions of the Terms of Use for each party remain valid, legal and enforceable.

Waiver. No provision in the Terms of Use agreement may be waived, except pursuant to a writing executed by the party against whom the waiver is sought to be enforced. No failure or delay in (i) exercising any right or remedy, or (ii) requiring the satisfaction of any condition under this agreement, and no course of dealing between the parties, operates as a waiver or estoppel of any right, remedy or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purposes that it is given, and is not to be construed as a waiver on a future occasion or against any other person. To the extent any course of dealing, act, omission, failure, or delay in exercising any right or remedy under this agreement constitutes the election of an inconsistent remedy, that election does not (i) constitute a waiver of any right or remedy, or (ii) limit or prevent the subsequent enforcement of any contract provision. No single or partial exercise of any right or remedy under the Terms of Use precludes the simultaneous or subsequent exercise of any other right or remedy. The rights and remedies of SENSUALICA set forth in the Terms of Use are not exclusive of, but are cumulative to, any rights or remedies now or subsequently existing at law, in equity, or by statute.

Applicable Law. The laws of the State of Florida (without giving effect to its conflicts-of-law principles) govern all matters arising out of or relating to the Terms of Use and all of the transactions they contemplate, including, without limitation, the validity, interpretation, construction, performance and enforcement of the Terms of Use.

Security
SENSUALICA takes commercially reasonable precautions to protect Personal Data against loss, misuse and unauthorized access, disclosure, alteration, destruction and theft. These precautions include password protections for online information systems and restricted access to Personal Data. Employees and subscribers are responsible for assisting to maintain security through safeguarding Personal Data, e.g., by protecting passwords used to access SENSUALICA’s computer systems, by keeping paper records under lock and key when not in use, and by disposing of files and reports no longer needed in a secure manner.