YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE OR TWENTY-ONE (21) YEARS OF AGE IN SOME STATES TO USE THIS WEBSITE.  IF YOU DO NOT MEET THESE REQUIREMENTS, YOU ARE NOT PERMITTED OR LICENSED TO USE THIS WEBSITE IN ANY WAY.

Customer Service Terms of Use

Welcome to the Video Search of Miami (AVSOM"). Please review the following basic terms that govern your use of this Site (this "Agreement").  This Site is operated and controlled by VSOM. VSOM grants you permission to view this Site and to download and print individual pages from this Site and, if applicable, to order products from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to VSOM that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this Agreement, VSOM will not enter into any agreement with you or have any obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are at least eighteen (18) years of age or older.  All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for the use of VSOM. You may not download, order, or copy the Contents and other downloadable materials displayed on the Site for your personal use only, but only in any manner permitted in the normal use and operation of the Site.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of VSOM or its suppliers and protected by U.S. and international copyright laws. This Site may be used only as a shopping resource and by responsible adults.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.


Objectionable Material

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that VSOM and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.  You have read all of the contents of the warning and entry page to this Site, and by using this Site, you agree in the entirety with all statements therein and herein.

Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Quantity Limits & Dealer Sales

VSOM reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. We will provide notification to the customer should such limits be applied. VSOM also reserves the right, at our sole discretion, to prohibit sales to dealers.

 

Disclaimers


THIS SITE IS PROVIDED BY VSOM ON AN "AS IS" AND "AS AVAILABLE" BASIS. VSOM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND VSOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, VSOM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE VSOM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Postings on this Site are made at such times as VSOM determines in its discretion. You should not assume that the information contained on this Site has been updated or otherwise contains current information. VSOM does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

THIS SITE IS OPERATED BY VSOM ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, VSOM, AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, "VSOM") MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. VSOM SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. AVSOM@ SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER AVSOM@ OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, AVSOM@ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, AVSOM@ DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.

VSOM MAKES NO REPRESENTATIONS THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.


Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL VSOM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE VSOM WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF VSOM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

 

General Agreement

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of VSOM to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit VSOM's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Georgia law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Georgia and you consent to the exclusive personal jurisdiction of such courts.

To the best of VSOM=s knowledge, all images and videos within this Site are in actuality non‑violent, and no  humans were harmed in the making of any images or videos. To the best of VSOM=s knowledge, all performers on this site are over the age of 18, have consented being photographed and/or filmed, have signed model releases where required and provided proof of age where required, believe it is their right to engage in consensual sexual acts for the entertainment and education of other adults and believe it is your right as an adult to watch them doing so.

Furthermore, you agree not to make any materials on this Site available for any person younger than eighteen (18) years of age.  You agree to take reasonable steps to secure your computer and your internet access so that no person younger than eighteen (18) years of age may use your computer or internet access to view this Site or any material listed or offered herein.


All other visual depictions displayed on this Site are exempt from the provision of 18 U.S.C. ' 2257 and 28 C.F.R. 75 because said visual depictions do not consist of depictions of conduct as specifically listed in 18 U.S.C ' 2256 (2) (A) through (D), but are merely depictions of non‑sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

With respect to all visual depictions displayed on this Site, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were, to the best of VSOM=s knowledge, created.

The owners and operators of this Site are not the primary producers (as that term is defined in 18 USC ' 2257) and are at most the mere distributors of any and all of the visual content contained in the Site. Any original records which are required to be kept pursuant to 18 U.S.C. ' 2257 and 28 C.F.R. 75 (if any) are maintained by the appropriate Custodian of Records and may be viewed by an inspector from the Department of Justice between the hours of 1:00 p.m. and 5:00 p.m. on the days of Monday through Friday by contacting said Custodian of Records.

Please note that some works listed on this Site may or may not be subject to the International Berne Convention for the Protection of Literary and Artistic Works.  By using this Site, you agree not to take any act which would constitute a violation of the Berne Convention for the Protection of Literary and Artistic Works and to indemnify and hold harmless the owners and operators of this Site from any claims which may arise against them from the Berne Convention for the Protection of Literary and Artistic Works based upon or involving in any way your use, purchase, or distribution of any material on this Site.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of this Site (including without limitation VSOM) are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the "Intellectual Property") owned, controlled or licensed by VSOM, its affiliates and subsidiaries and others (collectively, "VSOM"). This Site as a whole is protected by copyright and trade dress. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner. VSOM aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of VSOM, VSOM formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from VSOM.  VSOM prohibits use of any logo of VSOM or any of its affiliates as part of a link to or from any site unless establishment of such a link is approved in advance by VSOM in writing. Fair use of VSOM=s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in this Site may be the Intellectual Property of their respective owners. 


This site may contain links to Sites owned or operated by parties other than VSOM. Such links are provided for your reference only. VSOM does not monitor or control outside Sites and is not responsible for their content. VSOM=s inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does VSOM=s inclusion of the links imply that VSOM is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Site.

Correction of Errors and Inaccuracies

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your online purchase from the Site you may return it with the original packing receipt in accordance with our Return Policy.

General Information

You agree that this Agreement and your use of this Site are governed by the laws of the State of Georgia, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Gwinnett County, Georgia, in all disputes (a) arising out of, relating to or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. VSOM has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.

You agree that VSOM may at any time and without notice change the terms, conditions and notices under which this Site is offered.  Your continued use of this Site shall be construed as an acceptance of any changes to the terms, conditions and notices under which this Site is offered. 

You agree that no joint venture, partnership, employment or agency relationship exists between you and VSOM as a result of this Agreement or your use of this Site.

Security/privacy
 
At VSOM, our utmost priority is ensuring that your personal and payment information is secure and your privacy is respected. Below is a description of how we maintain online security and respect your privacy.


Online Security

Whenever you provide any order information, we use technology to make sure that it is "encrypted," or, scrambled, so that no one else can read it while it is being transmitted over the Internet. If you become a member of the Site, all information (such as your name, address, and email address) is safely stored behind a firewall. We may store this type of information so that you do not have to reenter it each time you make a purchase or log in to use a feature.

Online Privacy

This Privacy Policy Statement sets forth the privacy policy pertaining to the Site. By using the Site, you are agreeing to the terms set forth in this Privacy Policy Statement. For other terms and conditions that apply to your use of the Site, please review our Legal Statement.

For purposes of this Privacy Policy Statement, "Personal Information" means any information by which you can be personally identified, and includes your name, your address, your telephone number, your e‑mail address and the like. VSOM collects Personal Information only when you voluntarily submit such Personal Information to us, such as when placing a product order through the Site, when becoming a member of the Site, when entering a contest, and so on.

VSOM does not collect personally identifiable information from any person under the age of eighteen (18) years of age.  If you are under the age of eighteen (18) years of age, or the age of majority in your local jurisdiction if the age of majority is higher than eighteen (18) years of age, then you must not use the Site and are not granted permission nor any license to do so.

We may use third‑party advertising companies to serve ads on our site. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags in completely anonymous.

For each visitor to the Site, our web servers may automatically recognize information regarding the visitor's domain name (or that of the visitor's access provider) and e‑mail address. Regardless of the purpose for which it is submitted, it is VSOM's policy to maintain all Personal Information as confidential, and to use such Personal Information for the following purposes:

for the specific purpose for which it was volunteered (for example, to purchase product, to enter a contest, to comment on our products or Site etc.);
to improve the content, appearance and utility of the Site;
to track our visitors' use of the Site for internal market research or other business purposes; and
to notify our visitors of updates to the Site.


It is VSOM's policy to keep Personal Information only for so long as needed for such purposes. At any time, you may obtain a summary of the Personal Information on record with VSOM which has been collected about you via this Site. Except for Personal Information we need to complete your purchase of products, you may request at any time that VSOM dispose of any or all Personal Information about you. In addition, at any time you may request that VSOM correct any such Personal Information; or that such Personal Information be removed from VSOM's marketing databases.

Requesting to Be Removed from Email Lists

If you do not wish to receive email from VSOM in the future, please email us at NEED EMAIL ADDRESS HERE to be removed from our email list.

You can also unsubscribe from VSOM emails by clicking on the unsubscribe link at the bottom of any email that you have received from VSOM.

Consumer Service

VSOM reserves the right, at its discretion, to change, modify, add, or remove portions of this Privacy Policy Statement at any time. You should check this page periodically for changes. Your continued use of this Site following the posting of changes to this Privacy Policy Statement will mean that you accept those changes.

 

NEITHER VSOM NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO VSOM=S PRODUCTS. VSOM SPECIFICALLY DISCLAIMS (AND THE CUSTOMER, BY ACCEPTING THE VSOM PRODUCT, SPECIFICALLY ACCEPTS SUCH DISCLAIMER AND WAIVES) ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR OR INTENDED PURPOSE OR USE AND THE WARRANTY AGAINST LATENT DEFECTS, WITH RESPECT TO THE PRODUCT. VSOM FURTHER DISCLAIMS ANY WARRANTY THAT VSOM PRODUCTS, IN WHOLE OR IN PART, WILL BE FREE FROM INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS.

Legal Process and Miscellaneous

VSOM=s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of VSOM=s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by VSOM with respect to such use.


This Agreement constitutes the entire agreement between you and VSOM with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and VSOM with respect to this Site. No modification of this Agreement shall be effective unless it is authored by VSOM or its affiliates, or unless it is physically signed by a VSOM officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by VSOM in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by VSOM in printed form.

 

 

 

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