Terms and Conditions
www.blacksonblondes.com (the "Portal")
Last updated September 12 2022
You must read and agree to these Terms and Conditions before you can use the Portal. By purchasing a Membership or using Portal you become a User and thus agree to be legally bound by these Terms and Conditions (the "Agreement") between you and Gamma Entertainment (the "Company"). Company will refer to you in this Agreement as "you", "your" or "User". Company can amend this Agreement by posting an updated version of this Agreement to the Portal. Such changes will take effect thirty (30) days after they are posted.
2. AGREEMENT TO VIEW ADULT MATERIAL
"Under penalty of perjury, I swear/affirm as of this moment, I am an adult, at least 18 years of age or the age of majority in my jurisdiction. I promise I will not permit any person(s) under the age of majority to have access to any of the material contained within Portal. I understand, when I gain access to Portal I will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented and frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. I am voluntarily choosing to do so, because I want to view, read and/or hear the various materials which are available for my own personal enjoyment, information and/or education. My choice is a manifestation of my interest in sexual matters which is both healthy and normal and which in my experience, is generally shared by average adults in my community. I am familiar with the standards in my community regarding the acceptance of such sexually oriented content and the materials I expect to encounter are within those standards. In my judgment, the average adult in my community accepts the consumption of such material by willing adults in circumstances such as this and will not find such material to appeal to a prurient interest or to be patently offensive."
a) 3 Days Trial at $2.95, renewing at $29.95;
The Fees for a User’s Membership will be charged commencing on the last day of the trial period, being three (3) calendar days from the time your trial period started. The Membership subscribed to by the User, includes but is not limited to, access to a library of adult-entertainment content for viewing, the services described in sections 2 (Agreement to view adult material), 4.5 (Downloads), 5 (Individual Scene Purchases) and 9 (License).
4.2 Delayed Transactions. In the event a User's Payment Method was declined the Company may attempt to process the transaction again under the same conditions as the transaction was initiated by the User, within seven (7) days of the User's first attempt to purchase their Membership. Where the Payment Method is approved in such a circumstance, the User will receive an email confirming the successful completion of their transaction along with their username and password details. The User's next rebill will be attempted on their original rebill date. Company reserves the right to change the price of the rebill or of the initial transaction to a lesser amount with the obligation to continue the User's Membership at the original rebill price which shall take effect as of the next rebill unless the User cancels 48 hours before such rebill, or at the initial transaction price to successfully complete the User's purchase of their Membership. In the event of an unsuccessful recurring payment, an administrative fee of up to $2.00 may be charged in order to keep your subscription active until the full subscription fee can be processed successfully. At any time, should You have any questions about the rebill price or date of your Membership please contact Client Relations for the Portal.
4.3 Membership Types. Portal may offer various types of Memberships of different terms (ex: trial, 3-month, monthly etc...) each a "Membership Term". Each Membership Term offered will have its own Fee indicated during the join process and will rebill at the Fee and at the frequency indicated in the receipt sent to the User's email address. Fees are subject to change due to applicable laws and taxes; if you do not cancel within such thirty (30) days then you are deemed to have accepted the change in Fee.
4.4 Cancellation Policy. Memberships may be cancelled at any time by completing a form located at http://rodneyhelp.com or by contacting Portal Client Relations who are available 24h a day. If a Membership is canceled before the renewal date the User will still have access for the remainder of the period already paid.
4.5 Downloads. The content that may be downloaded on Portal, including licensed content, is limited to 300 GB per day. At its discretion, the Company reserves the right to change the daily download limits mentioned herein at anytime without notice. Furthermore, the Company reserves the right to suspend or ban accounts that exceed this daily limit. In the event your account is banned, you will get a pro-rated refund based on the time remaining on your membership. Any user whose account is suspended or banned shall receive an email notification from the Company.
5. INDIVIDUAL SCENE PURCHASES
5.1 Portal may offer the ability to purchase individual scenes. Each scene will have its Fee clearly indicated and will not rebill. Users are liable for Fees for scene purchases together with all applicable taxes to be payable to the Company or its designee.
5.2 User will have a lifetime access to all individual scenes purchased regardless of their type of Membership.
5.3 For all questions regarding individual scene purchases, User may contact Portal Client Relations.
6.1 Refunds aregiven on a case by case basis. In order to request a refund, you must contact our customer service department using the contact information found in section 13.5
6.2 In the event a refund is issued, ALL refunds will be made by the Company who will credit the Payment Method used to make the original purchase. NO refunds will be made by cash or paper check. ALL refunds will be issued within ten (10) days of communication between the User and the Company's Client Relations department.
6.3 For all billing inquiries you may also visit rodneyhelp.com.
7.1 All chargebacks are carefully investigated and may prevent future purchases with Portal and its affiliates. Chargebacks as well as any action taken by a user made to unlawfully or unreasonably obtain goods or services from Portal shall constitute a breach of contract and shall not be tolerated. As a result, user shall remain responsible of consequences caused by such breach of contract.
8. MEMBERSHIPS PURCHASED THROUGH PAYGARDEN
8.2 These Memberships will not be rebilled.
8.3 No refunds or partial refunds will be issued to these Memberships. The Portal may only offer Users a similar Membership to a related website.
9.1 Membership includes a single, limited, personal, non-transferrable, non-exclusive license (the "License") to use the Portal for the sole purpose of accessing the images, video and sound published therein (the "Content") in the manner provided. You shall not resell, distribute or engage in any commercialization of the Portal or its Content. You shall not modify or copy any of the Content, use it for any public display, performance, sale or rental, remove, modify or alter any copyright or other proprietary notice or trademarks of the Content or transfer any Content to any third party.
9.2 Access to and use of the Portal is through Login. Each User is responsible for keeping their Login information confidential. Portal will not release Login information for any reason to anyone other than the User except as may be specifically required by law or court order. Unauthorized access to the Portal is a breach of this Agreement. You are responsible for your Login credentials and purchases made or other acts or omissions carried out with them.
9.3 As between You and Company, Company retains all right, title and interest in any and all intellectual property rights in the Portal and its Content. All rights are reserved by the Company. All intellectual property and other rights in and to the Content and the Services found on Portal shall at all times remain the property of the Company, its affiliates, licensors and other suppliers. Nothing in this Agreement shall have the effect of transferring any intellectual property rights to You other than Your limited rights under the License.
9.4 Company reserves the right to modify any or all of the Content or Portal without Your prior notice or consent.
9.5 The Company reserves the right to terminate this License at any time if the User breaches the terms of this Agreement.
10. TERM AND TERMINATION
10.1 Membership, Membership Term and the License shall begin as of when Fees are paid and Login is used and shall end when the Membership Term ends or as otherwise provided herein.
10.2 Users must promptly inform the Company's Client Relations department of any apparent breach of security, such as loss, theft, unauthorized disclosure or use of a Login. Until the Company is notified of such breach in security, the User will be liable for any unauthorized use of the Services.
10.3 Users may terminate their Membership at any time and without cause by providing Client Relations notice to cancel the Membership. Users may complete a form located at rodneyhelp.com or contact Client Relations directly. Users are liable for all Fees incurred on the Membership until 48 hours after notification of termination is received by the Company's Client Relations department. It is the User's responsibility to ensure notification is adequately provided. Notification should include full name, email address used upon joining and where applicable, the last four (4) digits of the Payment Method then in use. For Users residing in the European Union and pursuant to the General Data Protection Regulation (GDPR), in the event a User has exercised their right to delete their information, the Company will be unable to assist the User regarding notice of unauthorized use of the Services.
10.4 Company can terminate this Agreement at any time and for any reason or for no reason on notice to You through the Portal; however You shall be entitled to continue use of the Portal for the Membership Term for which Fees have already been paid.
10.5 By purchasing or terminating a Membership User agrees to receive an email confirmation thereof to the email address last provided to the Portal. Users may not opt out of receiving such emails. Therefore it is important to provide suitable contact information on sign-up for Membership.
10.6 Users who have terminated their Memberships may reactivate said Membership by entering their original Login details in the User Login section where their previously saved details will be used to process the reactivation provided that European Users have not exercised their right to delete their account details pursuant to the General Data Protection Regulation (GDPR). Users will have the option to select the Membership of their choice when they reactivate their Login. The new Membership will rebill at the price and at the frequency indicated in the new receipt sent to User's email address.
11.1 Bookmarking to a page on Portal whereby the warning page(s) and/or terms and conditions are by-passed shall constitute implied acceptance of this Agreement and an explicit confirmation the User is of or over the age of majority in their jurisdiction and the Content is not illegal in the Territory.
12.1 The Portal and its Content are provided "as is" without any express or implied warranty of any kind including warranties of merchantability or fitness for a particular purpose. The Company offers no assurance of uninterrupted or error free Services. The Company does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on Portal. Any of the information offered on Portal may change at any time without notice. Portal makes no representation as to any of the Content. In no event shall the Company be liable for any damages whatsoever arising out of the use or inability to use the Portal or information available on Portal, even if the Company has been advised of such damages. These terms do not limit the non-waivable warranties or consumer protection rights you may be entitled to under the laws of your country of residence.
12.2 Users are responsible for providing all personal computer and communications equipment necessary to gain access to Portal. Users are also responsible for providing adequate contact details when subscribing to Portal.
12.3 If Portal enables Users to share information with third parties, User shall not submit, publish or display any defamatory, inaccurate, abusive, threatening, racially offensive or illegal material. Transmission of material violating any federal, state or local law is prohibited and is a breach of this Agreement. The Company shall not be liable for any information posted by Users on Portal. Company has no obligation, but reserves the right, to edit material posted by User on the Portal. User grants Company an unlimited worldwide, royalty-free, license to collect, store and disclose any and all material posted by the User in the Portal. Title in suggestions or other material posted by a User through the Portal shall be assigned to Company as of the posting thereof.
12.4 Users agree not to engage in advertising to or solicitation of other Users to buy or sell any products or services through Portal. Users are responsible for the information they send or display through Portal even if a claim should arise after termination of the Membership. All messages shall be deemed to be readily accessible to the general public. Do not use Portal for any communication for which you intend only you and the intended recipients to read as notice is hereby given all messages entered onto Portal can and may be read by the operators of Portal, whether or not they are the intended recipients.
13. GENERAL PROVISIONS
13.1 Indemnification. You shall indemnify and hold Company harmless from and against any and all claims arising from or related to your use of the Portal or your breach of the terms of this Agreement.
13.2 Limitation of Liability. Under no circumstances shall Company be liable for any indirect, consequential or punitive damages. The liability of Company hereunder shall not exceed the amount of Fees actually paid by you during the 30 days prior to the event giving rise to liability.
13.3 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason the remaining provisions shall continue to be valid and enforceable. If a court finds that any part of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
13.4 Notices. Notices by the Company or Portal to Users may be given by means of electronic messages, by a general posting on Portal, by conventional mail or by telephone. All questions or complaints regarding Portal must be directed to the Company's customer service department.
13.5 Contact Information. The Company's customer service department may be reached by email at http://rodneyhelp.com, by telephone at 1-877-711-7334 or by online chat. If you have any questions or inquiries regarding a purchase via your Payment Method, please contact your Payment Method, please contact Gamma Entertainment. 3300 Boul. Côte-Vertu, Suite 406 Montréal, QC H4R 2B7 +1 514 228-3812 at Gamma Entertinament.
13.6 Governing Law. This Agreement shall be governed pursuant to the laws of the Netherlands. Any and all disputes arising under this Agreement shall be resolved exclusively before courts of competent jurisdiction of Quebec, Canada.
13.7 Assignment. Company reserves the right to assign any or all of its rights or obligations under this Agreement to a third party without prior notice or consent from User.
13.8 Survival. The following Sections hereof shall survive termination of this Agreement: 1 Definitions, 2 Agreement to View Adult Material, 9.1 and 9.3 Intellectual Property, 10 Term and Termination, 12 Disclaimers and 13 General.
14. CONTENT REMOVAL COMPLAINTS POLICY
Content Removal Process. The Company has a content removal complaint process that allows you or anyone to report to the Company any content on our Portal that may be illegal or that otherwise violates the Terms and Conditions. If you have a content removal complaint about the Portal, please send your complaint to email@example.com or click on the link, including your name, address, contact details, a description of your complaint, the URL for the content to which your complaint relates. If you cannot contact the Company by email or the link, please write to the Company at the below identified address
How to Contact Us: This website is operated by Gamma Entertinament, Inc., a Canadian corporation, located at 3300 Boul. Côte-Vertu, Suite 406 Montréal, QC H4R 2B7 +1 514 228-3812
After receiving your complaint, (a) the Company will take those steps as the Company considers to be appropriate to investigate your complaint within a timeframe that is appropriate to the nature of your complaint (the Company will review and resolve all reported complaints regarding content that may be illegal or otherwise violate credit card association standards within seven business days); (b) if the Company requires further information or documents from you, the Company will contact you to let you know; and (c) the Company will in good faith take those actions as it considers appropriate to deal with the issue that your complaint has raised. If the Company is satisfied that the content is unlawful or non-consensual, the Company will immediately remove that content, and the Company will notify you of its decision by email or other electronic messages. If the Company is satisfied that the content is not unlawful or non-consensual, the Company will notify you of its decision by email or other electronic message. Any dispute regarding the Company’s determination that content is non-consensual will be submitted by the Company to a neutral arbitration association at its expense. For all other content complaints, if the Company is satisfied that the content on the Portal should be removed, the Company will act promptly to remove that content.
Your Right to Appeal. If you disagree with our decision that your consent was void under applicable law, you have the ability to appeal that decision to a neutral body at our expense. If the need for an appeal arises, you may send email to firstname.lastname@example.org, and all use of content will cease immediately during the appeal process.
Unjustified or Abusive Complaints. You state that you will not make any complaint that is wholly unjustified, abusive, or made in bad faith. If the Company determines that you have breached this warranty, the Company may suspend or terminate your account.
Abuse Notices. All abuse notices, including alleged child sexual abuse material (CSAM), should be directed to email@example.com..
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