Terms of Service, Legal Notice and Privacy Policy Statement

Updated: 06/26/2009    5 10:30:53 -0400

Terms of Service Agreement

I understand and acknowledge that websites and facilities owned and operated by LAC, including any and all the content, design, and organization thereof, is the property of LAC and is protected under applicable national and international intellectual property and copyright laws, as well as other proprietary rights legislation. Because I wish to be able to access the materials contained on these websites, and in consideration for my being allowed to do so, I hereby agree to the following Terms Of Service:

A. AGE AND LEGAL ACCESS CERTIFICATION.
B. CUSTODIAN OF RECORDS. 
C. TRADEMARKS.
D. COPYRIGHTS.
E. LIMITED LICENSE.
F. COMMUNICATIONS NOT PRIVATE.
G. LEGAL NOTICE AND DISCLAIMER.
H. LINKS TO THIS SITE.
I.  LINKS TO THIRD PARTY SITES.
J. JURISDICTION AND VENUE. 
K. PRIVACY STATEMENT.
L. NOTICES.

A. AGE AND LEGAL ACCESS CERTIFICATION.
By entering, joining, or subscribing to any LAC website or facility, I certify the following information and understand that LAC is relying on my certification and agreement to this Terms of Service for allowing entry into any LAC adult website or facility. I hereby certify under unsworn declaration of perjury the following:

• I am at least 18 years of age.

• I will not allow any minors to access this site or any material found herein.

• Any material I view or download from this site is for my own personal viewing and use, I will not show it to a minor.

• I will not redistribute any material from this site in any form.

• Sexually explicit and adult oriented content or material is allowed by the local law governing my region.

• I was not contacted nor solicited by this website or any third party that may be associated with this website.

• I agree that pictures, graphics, video, audio or any other form of content and materials depicting men or women engaging in alternative lifestyles, consensual adult, erotic/exotic and/or sexual/sensual activities or communications that may include fetishes and kinks, is not obscene or offensive to me in any way.

• I do not believe that such material should be considered obscene or offensive in any way and am willing to make a statement to such effect if ever called upon to do so.

• I will not redistribute any material from this site.

• I have carefully read the above and agree to all of them and

B. CUSTODIAN OF RECORDS.
All persons who appear in any visual depiction contained in this site were eighteen years of age or older at the time of the creation of such depictions. The records required by Section 2257 of Title 18 of the United States Code with respect to visual depictions of actual sexually explicit conduct are kept by the custodian of records, K. Stacy Weigle, who can be reached at 561-309-9879, and has a business address of Windjammer Complex, Palm Beach County, Florida , USA, except with regard to visual depictions of actual sexually explicit conduct made before July 3, 1995, which are exempt from the requirements set forth in 18 U.S.C. § 2257 and 28 C.F.R. 75.

C. TRADEMARKS.
LAC and the websites and facilities it owns and operates are trademarks and copyrights of LAC and may be used publicly only with express written permission. Other trademarks and service marks featured on the site are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.

D. COPYRIGHTS.
Except for public domain material and electronic messages, all materials on any LAC website or publication is protected by Federal copyright and protected under treaty provisions and worldwide copyright laws. Information and materials contained in any part may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of the LAC except as expressly stated in the Limited License provision in this Terms of Use Agreement, no grant of any express or implied right is granted under any trademarks, copyrights or other proprietary information that may be provided or accessed.

E. LIMITED LICENSE.

LAC provides information and materials for the personal, non-commercial use by viewers, fans, visitors, members, potential members, subscribers, and/or potential subscribers. Users are granted a single copy license to only view (on a single computer only) the respective LAC website or materials subscribed to. The viewing of said information and materials does not constitute the right to print or copy any of the information and materials made available for viewing. The viewing of information and materials is for personal, non-commercial use only.

LAC reserves the right to limit the amount of information and materials viewed. Commercial use of any information and material, is strictly prohibited. In addition, users may not: (i) modify any of the information or materials, download or copy any information or material; (ii) use any of the information or materials for any public display, performance, sale or rental; (iii) remove, modify or alter any copyright or other proprietary notice, or trademarks from any of the information or materials; or (iv) otherwise transfer any information or materials to any other person or entity. LAC reserves the right to terminate this license at any time if it is breached or at the discovery of any violation of any provision of this Terms of Use Agreement, in which case viewers, fans, visitors, members, potential members, subscribers, and/or potential subscribers will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied. LAC reserves all other rights coincident or related to its websites, information, or materials.

F. COMMUNICATIONS NOT PRIVATE.
LAC owner does not provide any facility for sending or receiving of guaranteed private or confidential electronic communications. All messages transmitted shall be deemed to be readily accessible to the general public. viewers, fans, visitors, members, potential members, subscribers, and/or potential subscribers should not transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered can and may be read by the operators of any LAC website or facility, regardless of whether or the operators are the intended recipients of such messages.

G. LEGAL NOTICE AND DISCLAIMER.
THE INFORMATION AND MATERIALS ARE PROVIDED AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. LAC OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. iMagickNet DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS SITE. LAC MAY CHANGE ANY OF THE INFORMATION OR MATERIALS AT ANY TIME WITHOUT NOTICE INCLUDING THIS TERMS OF USE AGREEMENT. LAC MAKES NO COMMITMENT TO UPDATE THE INFORMATION OR MATERIALS. IN NO EVENT SHALL LAC 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 INFORMATION OR MATERIALS, EVEN IF LAC 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 IN CERTAIN AREAS.)

H. LINKS TO THIS SITE.
You may establish a hypertext "link" to any LAC website and/or distribute, modify or re-use the text or graphics of this site only after obtaining written permission from LAC allowing you to do so.

I. LINKS TO THIRD PARTY SITES.
LAC websites may contain links to sites, which are controlled by third parties. Those linked sites are not under the control of LAC is not responsible for the contents of any linked site or any link contained in a link site. LAC is providing those links as a convenience, and the inclusion of any link does not imply endorsement by LAC of any linked site. Pursuant to this Terms of Use Agreement, licensee understands that the act of clicking on a third party link is the act of leaving the an LAC website.

J. JURISDICTION AND VENUE.
LAC websites and facilities are owned, controlled, and operated by LAC and its representatives from their offices in Lake Worth, Florida, United States of America. They make no representation that the information and materials available are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. These provisions of this Terms of Use Agreement are to be governed and construed by the State of Florida in the event of a dispute arising out of or relating to this Terms of Use Agreement, or your use of or access to this site, litigation must be brought in state or federal court in the County of Palm Beach in the State of Florida.

K PRIVACY POLICY STATEMENT.
Privacy is important to LAC. To better protect your privacy LAC provides this notice explaining our online information practices and the choices you can make about the way your information may be collected and used. To make this notice easy to find, we make access to it available on our homepage and at every point where personally identifiable information may be requested.

Summary:

LAC does collect personally identifying information and/or personal data from members and event registrants that will validate/verify legal identity (name) and age (date of birth), as legally required of private membership organizations that produce/host events. Legal photo forms of name/address identification and age verification can be a State issued Drivers License, State issued Identification Card, Passport or Military Identification Card. Although required legally do so, LAC only notates a partial of the identification number and does not take a photo copy of the form of identification provided at this time. In the future, that may change at LAC's discretion. LAC does not maintain any membership or event registrant records or lists on premises. The legal waivers, agreements and data collected online are either maintained on a secure server or with LAC's legal counsel. Online records and lists are user opt-in/opt-out subscription controlled and maintained. Membership and event registrants have access to view receipt records through their chosen payment processing system. Any and all information that may be known or collected through at the LAC facility or on this site is kept strictly confidential and will not be sold, reused, rented, loaned, or otherwise disclosed for any reason. LAC does do a National and State Sex Offender Registry Search on every individual  that signs legal waivers after they attend any function for the first time at the LAC facility. If there is any return report on the SOR on an individual, such individuals shall be refused access to the LAC facility, functions, events and its websites.

Scope:

This document replaces all previous documents including to but not limited to any other method used or developed to grant access to LAC website, facility or events.

Membership and Event Registrant Data:

LAC offers membership subscription and event registration. Subscription and event registration fee payments may only be processed through third party billing or payment processing services companies of the member or event registrant's choosing, including Card Service International, Electronic Payment Services, Verisign, PayPal, AlertPayl, iBill or CCBill and others. LAC does not maintain member subscription or event attendee's choice of billing processor data. Membership and event registrants have access to view receipt records through their chosen payment processing system and such records may be available by whatever specific payment processing services company the member or event registrant chooses and is subject to that company's respective terms of use and privacy policy concerning collected information from a members transactions. Such policies may be found at the individual websites for the specific payment processor company utilized.

Opt=in/out Mailing Lists:

LAC offers an opt-in/out mailing list for its newsletters and announcements. LAC does not sell, rent, loan, trade, lease or disclose any email address lists that it may have created or have access to for any reason other than to communicate LAC-related information, news and announcements if an individual has opted in to receive such communications from LAC.

Correcting / Updating Member or Mailing LIst Information:

If a member or individual has created a member profile, guest registrant profile and/or has opted in to be on a LAC mailing lists, such members or individuals must keep their contact data current (such email address, phone number/s, billing processor choice, etc.) , LAC endeavors to provide a way to easily join, correct, update, cancel membership or opt-out online. This can usually be done by  logging in to any member or event registrant profile that may have been user created.

Notification of Changes:

If LAC decides to change our privacy policy, LAC will post those changes on our website so users are always aware of what information we may collect, how we use it, and under circumstances, if any, how it may be disclosed. If at any point LAC decides to use personally identifiable information or such personally identifiable information in a manner different from that stated at the time it was collected, LAC will make a notification on our website. LAC will use information in accordance with the privacy policy under which the information was collected.

How To Contact Us:

Should you have other questions or concerns about these privacy policies, please send us an email at director@lifestylealternatives.org

i-Magick dba LifestyleAlternatives.org, Lifestyle Alternative Centre of Palm Beach, LAC and LACPB (hereafter collectively referred to as "LAC") is an adult alternative lifestyle services, education, arts, culture and entertainment websites committed to only serving adults age 18 years of age or older. Only those adult individuals that acknowledge compliance and acceptance of our Terms of Servuce are permitted entry.

This Terms Of Service Agreement comprises the entire agreement between the parties with regards to the subject matter contained therein. Any and all previous agreements, representations, or warranties with regard to these websites, its contents, or the information, products, services, or memberships provided through the website are hereby superseded by this Agreement. No provision of this Agreement can be amended or modified other than by a writing signed by the user and Company. Should any part of this agreement be found to be illegal, [invalid], unconscionable, or otherwise unenforceable in any court of law [or in any other legal proceeding, the offending clause or provision shall be set aside and] the remaining portions of the Agreement shall be held to be binding and effective as between the parties, to the fullest extent possible under the law.

By entering any LAC website or facility, I am hereby acknowledging my compliance and acceptance to and of this Terms Of Use Agreement and the Legal Notices herein. I do not find images of nude adults, adults engaged or depicted in sexual acts, or other sexual material to be offensive or objectionable in any manner or form. I am at least 18 years of age and have the legal right to possess adult material in my community. I understand the standards and laws of the community to which I am viewing this material and am solely responsible for my actions. All material I view from these websites is for my own personal use and will not be downloaded or reused in any manner or form. If I use the services of these websites in violation of the above agreement, I understand that I may be in violation of local and federal laws. I subscribe to the principles of the First Amendment of the United States, which holds that free adult Americans have the right to decide for themselves what they will read and view without governmental interference. My interest in this material is solely personal and not professional or with the intent to cause harm or compete. I do not work for a law enforcement agency. I am not accessing this material to use against the website operator or any person whomsoever in any conceivable manner.

I Agree: Enter. I Do Not Agree: Leave.