Welcome to Descipher!
The following definitions apply to the TOS:
The terms "User" means any person or entity that
(a) downloads, attempts to download or otherwise utilizes any uniform resource locator ("URL") that resides entirely upon a server owned or operated by Descipher;
(b) Transmits electronic mail, files or other data transmission, information or other matter onto any network owned or operated by Descipher or onto the Site (whether via private Transmission or public upload posting); (c) is linked to a URL resource owned or operated by Descipher; and
(d) contacts, accesses or views Descipher or the Site, whether through the use of any telecommunications network or otherwise. The term User includes a Subscriber.
The term "Subscriber" means a User who pays a fee (determined from time to time by Descipher in it's sole discretion) and is granted access to certain areas of the Site only after successfully completing login protocols established from time to time by Descipher, including without limitation, through the use of an approved User name and password.
The term "Content" means all data, text, software, music, sound, photographs, graphics, video, messages or other information or materials of any kind.
The term "Services" means all resources (including Content) provided via or available on the Site at any time, including without limitation, and by way of example only, a User's ability to (i) access or view Content, and to login into the Site as a Subscriber and create or change such Subscriber's Registration Data (defined below); (ii) communicate with the Site and other Users via the Site (including without limitation the ability to download or upload Content or other information or material, post messages and participate in groups or forums); and (iii) shop or utilize other available services, including authorizing charges to such User's credit or debit card, checking account or telephone invoice in order to make purchases or pay subscription fees related to the Site.
The term "Site" means the website www.descipher.com.
The term "Descipher" is an assumed business name of Descipher, LLC, a Connecticut Limited Liability Company. Without limiting the foregoing, for the purposes of the TOS, Descipher means Descipher, LLC, a Connecticut Limited Liability Company.
The term "Transmit" or "Transmission" means when a User uploads, posts, e-mails, transmits or otherwise makes available (directly or indirectly, by act or omission) or communicates any Content or other information or material to the Site, or through such means utilizes a Service available on or through the Site.
ACCEPTANCE OF TERMS
The Services and Content are provided to each User subject to the TOS, which may be revised, changed, altered or updated from time to time without notice by Descipher, in Descipher's sole discretion. The most current version of the TOS will always be located and displayed on the Site. The TOS also includes any other guidelines, rules or notices posted elsewhere on the Site, including, without limitation and by way of example only, information included in the part of the Site called "FAQ", "Hookup" or "Groups". When a User accesses or uses any part of the Site, such User agrees to the terms and conditions of the TOS.
REGISTRATION OBLIGATIONS AND SECURITY
In consideration of User's access to or use of the Site (whether as a Subscriber, guest or otherwise), the User
(a) provide true, accurate, current and complete information about the User as prompted by the Descipher's registration and profile date forms, or any other questionnaire or information input format, which requests information from or about User, and
(b) maintain and promptly update such information to keep it true, accurate, current and complete (collectively, such information is sometimes referred to as the "Registration Data"). Without limiting any other matter contained herein, a User's access to or use of the Site may be suspended or terminated (without cost to Descipher and without obligation for reimbursement of any fees previously paid by a Subscriber to Descipher) for such User's failure to provide or maintain true, accurate, current and complete Registration Data as provided in the TOS.
Each Subscriber is responsible for maintaining the confidentiality of any Subscriber login user name and password (or other identifying information). Each Subscriber is solely responsible for all activities that occur under the Subscriber's login user name or password, and neither the login user name nor password may be assigned or transferred to any other person or entity, voluntarily or involuntarily, by operation of law or otherwise, without the express prior written consent of Descipher, which consent may be withheld in Descipher's sole discretion. Each Subscriber agrees immediately to notify Descipher of any unauthorized use of such Subscriber's name or password, and each User agrees immediately to notify Descipher of any unauthorized use any other breach of security with respect to the Site known by such User.
User acknowledges and understands that all Content that a User Transmits to the Site, whether publicly posted on the Site or privately Transmitted onto or via the Site, is not reviewed or pre-screened by Descipher and is the sole responsibility of such User from whom such Content originates or is uploaded. This means that the User, and not Descipher, is responsible for all Content that the User Transmits onto or via the Site, whether or not displayed ultimately on the Site. Therefore, Descipher does not guarantee the accuracy, integrity or quality of Content Transmitted to the Site by a User, nor does Descipher make any representation or other warranty with respect to such Content.
User understands and acknowledges that by viewing, using or accessing the Site, the User may be exposed to Content that may be considered or deemed offensive, indecent or objectionable.
User agrees to NOT use the Site to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, pornographic, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
- harm minors or any person in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
- Transmit any Content that User does not have a right to Transmit, whether or not under any law, rule or regulation, or under contractual or fiduciary relationships;
- Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
- Transmit any material that contains software viruses or any other computer code malware, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Site or Descipher or servers or networks connected to the Site or Descipher, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Descipher, or violate any terms contained in the TOS;
- "stalk" or otherwise harass another; or
- collect or store personal data about Users other than User.
- download Content except as otherwise permitted under the TOS.
Under no circumstances will Descipher be liable or responsible in any manner for any Content that Descipher posts to the Site, including without limitation, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any such Content. User agrees that User must evaluate, and bear all risks associated with the use of or access to any Content, including Content posted to the Site by Descipher.
User acknowledges and agrees that Descipher may preserve Content and may also disclose Content (including without limitation, Registration Data) if required to do so by law or if Descipher believes that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of the Site or Descipher, its Users or the public.
User understands that the technical processing and Transmission of the Services or Content, may involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
User agrees not to (and User agrees User has no right to) reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Site (including, without limitation, the Services or Content contained on the Site).
User agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.
CONTENT SUBMISSIONS AND USE GUIDELINES
Except as otherwise provided by separate agreement between a User and Descipher, Descipher does not claim ownership of Content Transmitted by a User to the Site and displayed on the Site. In it sole discretion, Descipher may condition Site display of User Transmitted Content upon such User becoming a Subscriber.
Notwithstanding the foregoing, a User who successfully Transmits Content to the Site grants to Descipher a perpetual, world-wide, royalty free, non-exclusive, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display any or all Content so Transmitted and to incorporate such Content into other works.
User represents and warrants that with respect to any Content User Transmits, or causes to be Transmitted, to the Site, Descipher has NOT hired, contracted for, managed or otherwise arranged for the participation of any performers depicted in such Content.
User acknowledges that Descipher may establish general practices and limits concerning use of the Site. Such practices and limits may include, without limitation, the maximum number of days that message board postings or other Transmitted Content will be retained by Descipher on the Site, the maximum number of messages that may be Transmitted on the Site, the maximum size of any message that may be Transmitted on the Site, the maximum disk space that will be allotted on the Site's servers on a User's behalf and the maximum number of times (and the maximum duration for which) a User may access the Site in a given period of time. User agrees that Descipher has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained on, Transmitted to or downloaded from the Site. Without limiting any other matter contained herein, User further acknowledges that Descipher reserves the right to change these general practices and limits at any time, in its sole discretion, and with or without notice.
Descipher and the Descipher logos are service marks and trademarks of Descipher, LLC (d/b/a Descipher) and may be used publicly only with the express prior written consent and permission of Descipher. Other trademarks and service marks featured on the Site are displayed pursuant to licenses obtained from the owners or holders of those trademarks and service marks, and may not be used publicly without the express prior written consent and permission of the owners or holders of such trademarks and service marks.
Except for electronic messages, all Content and Services on the Site are protected by federal copyright laws and are protected under treaty provisions and worldwide copyright laws. Content contained in any part of the Site may not be reproduced, copied, edited, published, transmitted, uploaded or downloaded in any way without the prior written consent and permission of Descipher. Descipher does not grant any express or implied right to any third party (including without limitation Users), under any trademarks, service marks, copyrights or other proprietary information or rights.
LIMITED LICENSE AND ACCEPTABLE USE
Descipher provides the Content and Services on the Site for the personal, non-commercial use by viewers, fans,
visitors, Users, Subscribers or potential Subscribers of Descipher. Users of the Site are granted a single, personal,
non-transferable license to download (on a single computer only) one copy of any of the Content found on the Site
made available for downloading for personal, non-commercial use only. Descipher reserves the right to limit the
amount of Content downloaded. Commercial use or exploitation of the Content on the Site, or any portion thereof,
is strictly prohibited. In addition, Users of the Site may not:
(1) modify any of the Content found in any area of the Site;
(2) use any of the Content found in any area of the Site for any public display, performance, sale or rental;
(3) remove, modify or alter any copyright or other proprietary notice or trademarks from any of the Content found in any area of the Site;
(4) otherwise Transmit any Content located in any area of the Site to any other person or entity, including posting to newsgroups or public forums;
(5) rent, lease, loan, sell, distribute or create derivative works based on the Content or any portion thereof posted on the Site, or the software or techniques used in connection with the Site; or
(6) modify the software and techniques used in connection with the Site.
Descipher reserves the right to terminate this license at any time if a User breaches or violates any provision of the TOS, in which case such User will be obligated to immediately destroy any Content information or materials User has downloaded or otherwise copied from the Site.
Descipher reserves all other rights coincident or related to the Site. The use of download managers, for example Gozilla, Wget, HTTrack, or others - to download more than one (1) image or movie file at a time, which is available for download, is strictly prohibited and will result in termination of a Users right to access any portion of the Site .
SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. DESCIPHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. DESCIPHER OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE CONTENT OR SERVICE, CONTINUED OPERATION OF THE SITE OR PROTECTION FROM DELETION, MISDELIVERY OR FAILURE TO STORE INFORMATION, INCLUDING USER COMMUNICATIONS AND PERSONALIZATION SETTINGS. DESCIPHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES CONTAINED ON THE SITE. DESCIPHER MAY CHANGE ANY OF THE CONTENT OR INFORMATION DISPLAYED OR LOCATED OR FOUND AT THE SITE AT ANY TIME WITHOUT NOTICE. DESCIPHER MAKES NO COMMITMENT TO UPDATE THE CONTENT OR INFORMATION FOUND AT OR DISPLAYED OR LOCATED OR FOUND ON THE SITE. IN NO EVENT SHALL DESCIPHER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT OR SERVICES, EVEN IF DESCIPHER HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO A USER.
TERMINATION AND ACCESS RESTRICTION
Descipher reserves the right, in its sole discretion and without notice to User, to terminate a User's access to the Site (or any portion thereof) and to remove from the Site and discard any Content (including without limitation Content a User Transmits to the Site). Descipher may also terminate or suspend a User's access to the Site for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Descipher, in it sole discretion. In the event of the suspension or termination of a User's access to the Site (or any portion thereof), User's right to use the Site (or any portion of which User access has been terminated) and to access any Content or Services contained thereon will immediately cease. Any such termination or suspension may be implemented without notice to User.
Descipher may, in its discretion, terminate Site access of any User that Descipher believes, in its sole discretion, is Transmitting or is otherwise connected with any spam or unsolicited bulk e-mail. In the event a User's access is terminated for the reason described in the preceding sentence, and because damages are often difficult to quantify in such circumstances, if actual damages cannot be reasonably calculated, then User agrees to pay Descipher liquidated damages equal to $5 for each piece of spam or unsolicited bulk e-mail Transmitted from or otherwise connected with such User's access to or use of the Site; otherwise, User agrees to pay Descipher actual damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.
ACCOUNTS ARE NOT INTENDED FOR COMMERCIAL USE
The contact form, comment forms and all areas of User publishing is intended for personal use only. Users may not use these features to advertise other websites or products, or solicit members or models on the site for any commercial endeavors. Descipher may, in its discretion, terminate Site access of any User that Descipher believes, in its sole discretion, is posting or is otherwise connected with any commerical soliciting of models or Users or unsolicited advertising. In the event a User's access is terminated for the reason described in the preceding sentence, and because damages are often difficult to quantify in such circumstances, if actual damages cannot be reasonably calculated, then User agrees to pay Descipher liquidated damages equal to $25,000 for each instance of solicitation or advertising from or otherwise connected with such User's access to or use of the Site; otherwise, User agrees to pay Descipher actual damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.
LINKS TO THIRD-PARTY SITES
The Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by Descipher and User acknowledges that Descipher is not responsible for the content of any such linked site or any link contained in a linked site. Descipher provides such links only as a convenience, and the inclusion of any link does not imply endorsement by Descipher of any linked site.
JURISDICTION AND VENUE
This Site is owned and operated by Descipher doing business in East Lyme, Connecticut. Descipher make no representation that any of the Content or Services available on the Site is appropriate or available for use in other locations. The TOS is governed and construed by Connecticut law, without regard to conflicts of law provisions. In the event of a dispute arising out of or relating to the TOS, or a User's use of or access to the Site, any suit must be brought in state or federal court in, or nearest to, New London County, in the State of Connecticut, and User agrees to submit to the personal and exclusive jurisdiction of such courts located in such county.
Each User indemnifies and holds Descipher, and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, co-branders or other partners, harmless from and against any and all demands, claims, losses or damages, including reasonable attorneys' fees at trial and on appeal, related to or arising out of such User's (i) Transmission of Content to or through the Site (and whether or not such Content displayed or made available on the Site), at any time, (ii) use of or access to the Site, (iii) connection to the Site, (iv) breach of any representation, covenant or warranty contained in the TOS, or (v) violation of any rights of another.
Notices by Descipher to Users may be given by means of electronic messages or by a general posting on the Site. Notices by Users to Descipher must be given by e-mail or regular mail, postage prepaid at the following address: Descipher, LLC, East Lyme, CT 06333. The street address will be provided upon request. Any question, complaint or notice to Descipher by means of e-mail must be sent the Managing Director whose email address is given on the About Us page.
SERVICES FOR CUSTOMERS
Descipher allows Subscribers to transmit data to various financial networks and telecommunication networks for settlement. In order to enroll in such services, the Subscriber must (i) be at least 18 years of age; (ii) populate every field on every form presented to User with accurate data; (iii) have a valid e-mail address; and (iv) agree to be bound by the TOS or any other agreement governing User's use of the service or particular resource described in the preceding sentence. User's failure to populate every field may result in User's waiver of certain rights under the TOS or other applicable agreements.
- Credit/Debit Card Authorization:
By submitting credit or debit card ("Bank Card") data to Descipher, User authorizes Descipher in its sole discretion to submit financial transactions to such User's issuing bank for settlement. User agrees that once Descipher has approved or declined the User's transaction, Descipher has fully performed under the terms of the TOS or other applicable agreements.
Each User who authorizes payment of a recurring charge (including without limitation subscription fees payable by a Subscriber) by Bank Card agrees to contact Descipher in the event such User desires to cancel any such recurring charge, all within ten (10) days prior to the next billing cycle. Should User fail to contact Descipher within such time frame, User agrees to indemnify and hold Descipher harmless from any losses or damages that User suffers as a result of such recurring charge.
If a User believes that there is an error on User's Bank Card statement arising from or related to a transaction authorized by User, including an incorrect amount or unauthorized transaction reflected on User's Bank Card statement or transaction summary, User agrees to contact Descipher within the time periods set below. Upon proper notification, Descipher, in its sole discretion, may issue a credit to User's Bank Card:
- United States Issued Bank Cards-- within 120 days of the transaction.
- International Issued Bank Cards-- within 180 days of the transaction.
By submitting a User's checking account data to Descipher, User authorizes Descipher in its sole discretion to submit financial transactions to such User's depository bank for settlement. User agrees that once Descipher has approved or declined the User's transaction, Descipher has fully performed under the terms of the TOS or other applicable Agreement.
Each User who authorizes payment of a recurring charge (including without limitation subscription fees payable by a Subscriber) by checking account agrees to contact Descipher in the event such User desires to cancel any such recurring charge, all within ten (10) days prior to the next billing cycle. Should User fail to contact Descipher within such time frame, User agrees to indemnify and hold Descipher harmless from any losses or damages that User suffers as a result of such recurring charge.
If a User believes that there is an error on User's checking account statement arising from or related to a transaction authorized by User, including an incorrect amount or unauthorized transaction reflected on User's checking account statement or transaction summary, User agrees to contact Descipher within two (2) business days after learning of such error. Upon proper notification, Descipher, in its sole discretion, may issue a credit to User's checking account.
The TOS contains the entire understanding between the User and Descipher regarding the subject matter of the TOS, superseding all prior or contemporaneous communications, agreements and understandings between the User and Descipher. The TOS is binding on and inures to the benefit of the parties, their legal representatives, successors and assigns; provided, however, that neither the TOS, nor any rights granted hereunder, may be assigned, transferred, conveyed or encumbered by User without the prior written consent of Descipher, which consent may be withheld in Descipher's sole and arbitrary discretion. If any provision or clause of the TOS, or any portion thereof, is held by any court or other tribunal of competent jurisdiction to be illegal, void or unenforceable in such jurisdiction, the remainder of such provisions shall not thereby be affected and shall be given full effect, without regard to the invalid portion. The TOS is neither intended to, nor shall it be construed as creating, a joint venture, partnership or other form of business association between Descipher and any User. If any suit or action is filed by any party to enforce the TOS or otherwise with respect to the subject matter of the TOS, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, and if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
Last Revised: July 2017