TERMS AND CONDITIONS

LEGAL NOTICE: YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IS REQUIRED FOR YOU TO ENTER THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS, VIEW, DOWNLOAD OR OTHERWISE RECEIVE THE CONTENT IN THIS WEBSITE. PLEASE READ ALL THE PROVISIONS OF THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY CLICKING THE “Click to Join...” BUTTON BELOW THE LINK TO THESE TERMS AND CONDITIONS WILL CONSTITUTE YOUR ACKNOWLEDGEMENT THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE.

1. PARTIES TO THIS AGREEMENT AND CONSIDERATION. The parties to this Membership Agreement (the “Agreement”) for INDECISIVECAPTIONS.COM, as well as the associated web pages services, features and functions made available by us and this website (collectively, the “Website”) are You, the Member, and Indecisive Entertainment, Inc., CCG Partners, Inc. and its affiliates (the "Company"). As used in this Agreement, the terms "we," and "us" are used interchangeably to refer to the Company and the Website; the term "You" and "Your" is used to refer to You, the Visitor.

1.1 You agree that this Agreement is subject to change by the Company at any time and changes shall become effective upon notice by posting at or via hyperlink to the Website. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.

1.2 You agree any action on Your part to bookmark to a page on this Website whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions of Membership Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years of age or of the age of majority under the laws of Your state, province or country.

2. SEXUALLY EXPLICIT MATERIAL. ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITE.

2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.

3. AGE OF MAJORITY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTYONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH THE WEBSITE.

3.1 YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTYONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.

4. GRANT OF LIMITED LICENSE WITH RESERVATIONS. The Website, except all Member Submissions (as defined below), including without limitation, all content, media and materials, all Company software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectible elements of the Website, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed Company and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Website" includes "Content" as well. Content on the Website is provided to you AS IS for your information and personal use only. The Website contains Content of Members and other Company licensors. Except for Content posted by you and unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, including Member Submissions, without the express prior written consent of Company. Company authorizes you to access Content and grants you the right to use the Website solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on Company Services including notices on any Content you download, transmit, display, print or reproduce from the Website. Company reserves all rights not expressly granted in and to the Website and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. Content submitted by users is subject to the Member Submission Terms below that apply specifically to that service. By displaying, publishing, or sending us ("posting") any Content, or any other materials on or through the Website, you hereby grant to Company a non-exclusive, perpetual, irrevocable, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Website. You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Website. We have no obligation to maintain or store any Content posted by you. We have the right to delete any Content for any reason or no reason, including but not limited to service cancellation or violation of this Agreement. Once deleted, any Content you have stored on or through the Company Services cannot be retrieved. You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the Website, unless you are expressly authorized to do so by us. You agree not to use or launch any automated system that accesses the Website in a manner that sends more request messages to Company servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Member Submissions. As an express condition of your use of the Website, you warrant to Company that you will not use the Website for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Company makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access Company Services. Company’s Content is protected by copyright, trademark, patent, trade secret and other laws, and Company owns and retains all rights to its Content and the Website. We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other users. On notice, we will act expeditiously to remove content on the Website that infringes the copyright rights of others and will disable the access to the Website and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found in this Agreement which describes our Notice and Procedure for Making Claims of Copyright Infringement. The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications ("marks") on or of the Website, including, without limitation, "INDECISIVE CAPTIONS" are the intellectual property of, and proprietary to Indecisive Entertainment, Inc., its affiliates, its or their advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly marks for any purpose without the express prior written consent of Company.

5. PROHIBITED AREAS. All of the following areas constitute PROHIBITED AREAS from which no part of the Website may be accessed, viewed, downloaded or otherwise received:

5.1 All parts of the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Peoples’ Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and

5.2 All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom.

6. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS. You agree to be personally liable and fully indemnify the Company, its employees, agents, attorneys, and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of Content from the Website by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of Content from the Website, including attorney’s fees.

7. MEMBERSHIP
7.1 You hereby acknowledge and agree that if You cancel Your membership, or if Your membership is cancelled by the Company, Your username and password will be removed from the system at the end of the then current membership period and that You will be entitled to receive the full benefits of Your membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if You cancel Your membership before the end of the then current membership period. You agree that if You cancel at any time after purchasing a membership to Website (e.g., 20 minutes after You sign up), You will still be charged the full membership fee.

7.2 The Company may, at any time and at its sole discretion, cancel any paid trial membership or monthly membership; provided, however, that if the Company cancels any paid membership prior to its expiration, the Company shall provide a pro-rata refund for the unexpired period of the cancelled membership by automatic credit.

8. NO WARRANTIES; LIMITATIONS ON COMPANY’S LIABILITY.

8.1 YOU HEREBY AGREE THAT THE CONTENT, AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF CONTENTS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE CONTENT, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER MEMBERS OR USERS OF THE WEBSITE, OR THEIR SUPPLIERS, LICENSEES, OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF CONTENTS OR OTHER USE OF THE WEBSITE.

8.2 ANY LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE MEMBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.

9. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.

9.1 You acknowledge that You understand that the Company does not screen or endorse the content of any advertisements or communications submitted to or posted on the Website by third-party licensees, advertisers, Users of the Website or other persons, nor does the Company exercise any editorial control, prior screening or supervision over such content. Users are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise relying on or responding to any communication or information posted on, or accessed through the use of the Website.

9.2 Links To Third-Party Sites. You might access some of the content of the Website via hyperlinks that will connect You to third parties, or to third-party websites that may provide content to the Website. Those linked websites are not under the control of Company and Company has no editorial control or supervision over selection or display of the content provided by those third parties or those third-party websites. Company is providing You links to those third-party websites only as a convenience, and the inclusion of any link on Company's Website does not imply endorsement by Company of any other website or the content of any such website. The owners and operators of all third-party websites are solely responsible and liable for the content they provide to You.

9.3 You further acknowledge that You understand that the Company does not control the content of any information, messages, communication, personal data, photographs, video or audio content, or any other material posted or uploaded by Users of the Website (collectively, "User Originated Content"), and that You release the Company and its agents, officers, directors and employees, from any and all liability and responsibility, directly and indirectly, in connection with the content of any information, messages, communication or other User Originated Content You may receive from other Users of the Website.

9.4 Company claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for User Originated Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Company reserves the right, in its sole and exclusive discretion, to delete any content, messages, photos, profiles or other information posted on the Website by any User or any other person that in the sole judgment Company violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Company and/or its members.

10. TRADEMARK AND SERVICE MARK. The name of this website is a service mark of Company. No use of this mark shall be permitted except through the prior written authorization and permission of Company. All rights reserved.

11. CUSTODIAN OF RECORDS. all models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in Website were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because any of said visual depictions which appear to be of sexually explicit conduct are merely simulated. With respect to all visual depictions displayed on this Website, whether of actual sexual conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual depictions were created. The records required pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75 are kept by the Custodian of Records for Website as identified in the 2257 Notice on the Website.

12. AUTHORIZATION AND PERMISSION TO SEND SEXUALLY-ORIENTED COMMERCIAL EMAILS TO YOU. You hereby authorize and permit notices, advertisements, E-mail and other communications to be sent to You from Company or its authorized agents, assigns, representatives, advertisers and contractors by means of e-mail, including without limitation e-mails, advertisements, notices and other communications containing explicit sexual content and language and images of nudity or explicit sexual conduct. Moreover, You agree that Your authorization and permission to Company to send You such materials and communications shall continue to be in effect unless and until You notify Company that You wish to be deleted from Company’s email list.

13. OPT-OUT AND CANCELLATION PROVISIONS. At any time, You may opt out of future e-mailings and cancel Your receipt of future sexually-oriented e-mailing from the Company by clicking the unsubscribe link at the bottom of each e-mail.

14. NOTICES TO COMPANY OR MEMBERS. Notices from the Website to Members may be given by means of electronic messages, by general posting on the Website, or by conventional mail. Communications from You to the Company may be made by electronic messages, unless otherwise specified in the Agreement.

15. All notices to the company shall be sent by electronic mail to: INDY@INDECISIVECAPTIONS.COM.

16.  VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. This Agreement shall be governed by and construed under the laws of the Province of British Columbia and Canada as applied to agreements between British Columbia residents entered into and to be performed within the Province of British Columbia, except as governed by Canada law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

16.1 Any and all disputes as to the interpretation of or any performance under these Terms and Conditions which are not first resolved informally, shall be determined by binding arbitration in Vancouver, British Columbia, in accordance with the rules of the Arbitration Act of Canada. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the Province of British Columbia and Canada.

17. UNENFORCEABILITY OF PROVISIONS. 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.

18. AFFIRMATION OF AGREEMENT. By joining this website, you hereby acknowledge and affirm that you have read this entire agreement and that you AGREE to all its terms and conditions by and by authorizing the use of your credit card or other payment method for payment of charges and fees for you maintaining a membership to the Website and for any other charges which you may incur for goods or services ordered at or in association with the Website.

19. PRIVACY POLICY. You hereby affirm that you have read, understand and acknowledge our Privacy Policy, which can be found here.

20. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Member and Company regarding Members' use of the Website, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.