Terms of use
TERMS OF USE
Legal Contract
Welcome to newmexicostrippers.com. These Terms of Use apply to all websites operated by New Mexico Stripper, L.L.C. ("New Mexico Stripper", "Us,", "Our" "We", or the "Company."), and constitute a legal agreement between you and New Mexico Stripper. For purposes of this agreement the term "Website" thus refers to this site regardless of whether you accessed it directly through newmexicostripper.com or through some other Web address.
IMPORTANT! PLEASE READ CAREFULLY.
These Terms of Use constitute a legal agreement between you and New Mexico Stripper governing your use of this website (the "Website"). YOUR AFFIRMATIVE ACT OF USING THE WEBSITE SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS AS WELL AS THE (i) New Mexico Stripper PRIVACY POLICY US WITH TRANSACT TO AND FROM NOTICES REQUIRED RECEIVE CONSENT YOU USE. OF TERMS THESE INTO REFERENCE BY INCORPORATED HEREBY ARE WHICH ALL WEBSITE, APPLICABLE THE SUPPLEMENTAL ANY (ii) POLICY PRIVACY.
IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE!
Changes To The Terms Of Use
We may change these Terms of Use at any time. You are responsible for checking the Terms of Use from time to time. Your continued use of this Website signifies your acceptance of the most recent Terms of Use then in effect.
Electronic Communications
When you visit our Website or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all notices, disclosures, and other communications that we make electronically satisfy any legal requirement that such communications be in writing. If you want to withdraw this consent, you must stop using this Website.
Changes To This Website/Right To Terminate/Sale Of Company
We may change or discontinue this Website or any feature on it at any time with or without notice. New Mexico Stripper may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Websites for any or no reason, including, without limitation, breach of these Terms of Use or the infringement of copyrights owned by third parties.
In the event that New Mexico Stripper is sold to a third party, such a sale will not be deemed a transfer of personal information so long as that third party agrees to assume New Mexico Strippers' obligations as to these Terms of Use and associated Privacy Policy.
Access And Availability Of Services And Links
The New Mexico Strippers Website may contain links to other World Wide Web Internet sites. Interactions that occur between you and the third party are strictly between you and such third-party Websites are not the responsibility of New Mexico Stripper. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. New Mexico Stripper does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site, and we encourage you to read those third party Website's applicable Terms and Conditions and Privacy Policies.
Entire Agreement
These Terms of Use are the entire agreement between you and New Mexico Stripper for your use of the Website. New Mexico Strippers' failure to enforce any term shall not waive it. Any term found invalid or unenforceable by a court shall not affect the validity and enforceability of other terms.
Indemnification
To the extent that you violate any of these Terms of Use, you agree to indemnify and hold harmless New Mexico Stripper as to the civil and/or criminal consequences of your actions, including costs and attorney fees where relevant.
Choice Of Law; Arbitration
These terms of use shall be governed by the law of New Mexico State, and subject to binding arbitration by a three-person panel in Albuquerque City, under the rules of the American Arbitration Association, which shall have exclusive jurisdiction over all claims between you and New Mexico Stripper relating to or arising out of your use of this Website. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. However, nothing in this mandatory arbitration clause shall limit a party from seeking any equitable relief from a court of proper jurisdiction in Albuquerque .
YOUR RESPONSIBILITIES
Access To This Website Is By License Only
New Mexico Stripper grants to you a limited license to access the Website for personal use and enjoyment.
Unless otherwise stated, all materials published on the Website (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by New Mexico Stripper. See Section V., "Intellectual Property" below.
Except as indicated on the Website, this license does not permit you to copy, modify, or distribute any part of the Website. You may not use data-mining, robots, or any other data-gathering and extraction tools. You may not use webpage frames to enclose any part of the Website. You may not use any metatags or other hidden text that includes New Mexico Stripper' trademarks or trade name. You may not use the Website for any unlawful purpose.
You agree that any information, feedback, questions, and / or comments ("Submissions") that you make to us via this Website may be considered non-proprietary and non-confidential. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques, without attribution. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
Prohibited Conduct
You may use this Website for lawful purposes only. You may not submit or transmit through the Website any material or engage in any conduct that:
You further agree that you will not post or transmit any photograph of another person without that person's consent.
You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or interfere with any other party's use and enjoyment of the Website.
You may not attempt to gain unauthorized access to any services or information to which you have not been granted access through password mining or any other process. We may take any legal and technical remedies to prevent the violation of this provision and to otherwise enforce these Terms of Use.
violates or infringes the rights of others, including without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuously interferes with another, or contains explicit or graphic descriptions, or accounts of, sexual acts;
is libelous, obscene, threatening, defamatory, pornographic, profane, sexually explicit, abusive, is otherwise objectionable, or which otherwise violates any law, rule or regulation or the rights of a third party;
forges e-mail headers or otherwise disguises the origin of any communication;
victimizes or harasses, degrades, or intimidates any individual or group of individuals;
impersonates any person, business or entity including New Mexico Stripper and its employees or agents;
contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telephonic (including cable) equipment and/or is likely to harm New Mexico Stripper' or a third party's computer system;
allows for you or any third party to unlawfully access the computer of a third party or a computer network;
encourages conduct that constitutes a criminal act or that gives rise to civil liability;
violates these Terms of Use or any policy posted on this Website as in Section I.A. above or otherwise interferes with the rights of others.
Information Provided On The Website
The Website provides information about upcoming performances, ticket prices, merchandise available for sale, and other content. Please note that despite our efforts to keep this information current and accurate, we do not warrant that all content is current, complete or accurate and reserve the right to reject any request or order based on inaccurate or out of date information. If you have questions about any particular information, please contact us for further details.
Privacy Policy
Please read our Privacy Policy which also governs your visit to our Website.
Children
This Website is not intended for children. Anyone under the age of 18 should not use it in any way.
ADDITIONAL TERMS
The Website contains certain areas where due to the special nature of the services provided on those webpages we may provide additional usage rules and terms that are incorporated into these Terms of Use by reference. By using the Website you agree to these additional rules and terms. Some of the additional terms that apply to specific webpages or other services offered by New Mexico Stripper are set forth below.
The Photo Gallery
The Gallery webpages include photographs from recent New Mexico Stripper events that we think you may enjoy for your personal use. While Chippendales has authority to use these photos on line, any individual in the photographs not employed by New Mexico Stripper could object if you make any further publication or distribution. Such conduct would also violate the Copyright provisions of this Website as described more fully below.
Downloads And Uploads
The Websites may also offer the opportunity to upload content to and/or transmit content from www.newmexicostripper.com, including fan pictures and e-cards. You agree that your uploading and/or transmittal of content does not violate any of provisions set forth under Section II. B. of these Terms of Use. If you upload content to the Websites and/or transmit content from the Website, you grant to New Mexico Stripper a non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable right to use, reproduce, modify, publish, create derivative works (including products) from, distribute, and display such content throughout the world in all media. You grant to New Mexico Stripper the right to use the name that you submit in connection with such content. You warrant that you own or otherwise control all of the rights to such content, that it is accurate, and that its use does not violate this policy and will not injure any person or entity. New Mexico Stripper has the right but not the obligation to monitor, edit, and remove any posted content, and assumes no liability for any such content.
With respect to any photograph or likeness that you submit, You acknowledge that any such photograph or likeness may be reproduced, published, transmitted and displayed by New Mexico Stripper in any manner, pursuant to Section II.A., above. You indemnify New Mexico Stripper for all claims resulting from your submission of such content. New Mexico Stripper assumes no liability for any such content.
Linking To And From Www.newmexicostripper.Com
This Website may have hyperlinks to other Websites, and we encourage our fans to create New Mexico Stripper-related fan Websites, and to add links to such sites in the New Mexico Stripper Forum section of the Website, subject to the provisions of the New Mexico Stripper Terms of Use already stated. If these fan sites comply with the New Mexico Stripper Fan Site Guidelines, such fan sites may be eligible to receive special content and other exclusive material from New Mexico Stripper, such as: free tickets, clothing, or other items from the New Mexico Stripper Boutique. Fan sites in compliance with the Terms of Use may use a specialized icon to link to this Website. Other sites may link to this Website only by utilizing plain text links that are clearly marked "New Mexico Stripper."
In addition, any Websites linking to this Website must meet the following criteria:
New Mexico Stripper has no control over Websites linked to or from www.newmexicostrippers.com, and is not responsible for the content, practices, operators, availability, accuracy, products, services, or other materials on or available from any such Websites. We urge you to review the terms of use of any Website that you visit.
Any text-only link must be clearly marked "New Mexico Stripper"
The appearance, position and other aspects of either the link or the host Website may not create the false impression that an entity other than New Mexico Stripper is associated with or sponsored by New Mexico Stripper.
The appearance, position and other aspects of either the link or the host Website may not, in the opinion of New Mexico Stripper, be such as to damage or dilute the goodwill associated with New Mexico Stripper' name and trademarks
the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked Website
New Mexico Stripper reserves the right to revoke its consent to the link at any time in its sole discretion by amending this Terms of Use.
INTELLECTUAL PROPERTY
Copyright
Unless otherwise stated, all content on this Website, such as text, images, logos, button icons, audio clips, data compilations, and software, is the property of New Mexico Stripper or third parties. These contents are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. New Mexico Stripper grants to you a limited license to copy its content for your personal use, for example by downloading, printing, or saving to your individual storage medium. You must not remove or alter any proprietary notice included in the content.
This limited license does not apply to any copyrighted materials on this Website that are owned by third parties. You are solely responsible for determining whether and under what conditions you may download, print, or otherwise use the copyrighted material of third parties.
Trademarks
New Mexico Strippers® are registered trademarks owned by New Mexico Stripper USA, L.L.C. Both the registered and common-law trademarks are the property of New Mexico Stripper. New Mexico Stripper ' trademarks, trade name, and trade dress may not be used in connection with any non-New Mexico Stripper product or service, in any manner likely to cause confusion for customers, or to blur or tarnish the distinctiveness of our trademarks, or in any manner that disparages New Mexico Stripper. Trademarks not owned by New Mexico Stripper that appear on this Website are the property of their respective owners, who may or may not be affiliated with or sponsored by New Mexico Stripper.
Enforcement Of Intellectual Property Rights
New Mexico Stripper takes the protection of its intellectual property very seriously and has brought many actions against infringers who used its name or trademarks.
Copyright Complaints
If you believe that your work has been used on our Website in a way that infringes your copyright, please contact our agent for notice of claims of copyright infringement at New Mexico Stripper USA, LLC PO Box 35971 ABQ NM 87176, or at NMS@newmexicostripper.com. You must provide the following information, which we may then forward to the alleged infringer:
a description of the material that you believe infringes your work, with enough detail for us to locate it on the Website
your address, telephone number, and e-mail address
a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
a statement, under penalty of perjury, that
the above information is accurate, and that
you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
your physical or electronic signature. Upon receiving your complaint, we may remove the allegedly infringing content
Children
This Website is not intended for children. Anyone under the age of 18 should not use it in any way.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEW MEXICO STRIPPER DOES NOT WARRANT THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEW MEXICO STRIPPER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEW MEXICO STRIPPER DOES NOT WARRANT THAT THE OPERATION OF THIS WEBSITE IS RELIABLE OR ERROR-FREE, OR THAT TRANSMISSIONS FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. NEW MEXICO STRIPPER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES. SOME STATE LAWS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. THOSE LAWS MAY GIVE YOU ADDITIONAL RIGHTS UNDER THE DISCLAIMERS ABOVE.
BOOKING
A. Booking & Fees
Our secure checkout allows you the opportunity to make your deposit. All deposits by phone or online are NONREFUNDABLE and NON-NEGOTIABLE since this is largely our due diligence fee and we will be turning down work on behalf of the entertainer that the they could have otherwise received on your scheduled date and time. If at any time you need to change the original date or time of the Entertainers arrival, additional charges may apply for this order change. Changing your scheduled date or time at the last minute or the same day may be considered as a cancellation and deposit may be forfeited. In no way will booking fees or deposits be discounted or negotiated because the entertainer arrives late. Any remaining balances including additional courtesies or miscellaneous charges such as parking, valet, etc must be paid to the entertainer upon their arrival and NOT following their performance. By booking, you also affirm that you understand that not ALL entertainers can accommodate ALL times, locations, costumes, theme requests etc. We do our best to provide you your top requests whenever possible but certainly provide our best available entertainer(s) for every event. We may reject your purchase at our discretion and reserve the right to cancel any order or refuse service to anyone at any time. When using this website or purchasing you are asserting that you are above the age of 18 and all parties to be attending the event are also above the age of 18.B. Courtesy
The entertainers are guests that you are inviting into your home or at your private party so treat them with the appropriate respect any special guest deserves. Entertainers are allowed to terminate their shows and performances at any time if they feel abused, harassed, endangered, or uncomfortable in any way shape or form due to you, your guests, attitudes, environment, premises, fear, safety, lack of involvement, lack of tips etc. In the rare instance the entertainer feels the need to end early no refunds of any kind will ever be issued. As much as the entertainer has an incentive to show you a good time, it is just as much your responsibility to ensure the entertainer is as accommodated as any special guest at your event should be. It is the responsibility of the host or hostess to make sure that everyone at the event abides by these rules and regulations and the event location is conducive to having an entertainer perform.C. Legal Entertainment Only
OUR COMPANY DOES NOT AND WILL NOT UNDER ANY CIRCUMSTANCES PROVIDE, SOLICIT, PROMOTE OR ENGAGE IN ANY PROSTITUTION, ESCORTING, OR ILLEGAL OR SEXUAL SERVICES OR ACTS. ALL SERVICES OFFERED OR PROVIDED ARE FOR ENTERTAINMENT PURPOSES ONLY AND OFFER NO ACTUAL SERVICES OR ACTS OF AN ILLEGAL SEXUAL NATURE OF ANY KIND.IV. INTELLECTUAL PROPERTY
A. Copyright
All entertainers photographs, other photographs, images, logos and text appearing on this webpage and subsequent web pages are protected by copyright and are the property of New Mexico Stripper LLC or the specific entertainer. Redistribution or commercial use by anyone other than New Mexico Stripper LLC is prohibited without expressed written permission.This does not apply to any copyrighted materials on this Website that are owned by third parties. You are solely responsible for determining whether and under what conditions you may download, print, or otherwise use the copyrighted material of third parties.
V. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. OUR COMPANY DOES NOT AND WILL NOT UNDER ANY CIRCUMSTANCES PROVIDE, SOLICIT, PROMOTE OR ENGAGE IN ANY PROSTITUTION, ESCORTING, OR ILLEGAL OR SEXUAL SERVICES OR ACTS. ALL SERVICES OFFERED OR PROVIDED ARE FOR ENTERTAINMENT PURPOSES ONLY AND OFFER NO ACTUAL SERVICES OR ACTS OF AN ILLEGAL SEXUAL NATURE OF ANY KIND.
B. Entertainers are not employees or contractors and are only being referred to you by us for the agreed-upon booking fee. New Mexico Stripper LLC, its affiliates or websites makes no claim as to the character or background of the entertainers and therefore you agree to hold New Mexico Stripper LLC and its affiliates harmless and releasing all parties from all liability. You also hereby release and covenant to hold harmless and not to sue New Mexico Stripper LLC, its owners, managers, officers, directors, shareholders, employees, agents and contractors, entertainers, assistants, security guards, drivers etc. from any and all present and future claims resulting from theft, ordinary negligence, personal injury or death arising as a result of utilizing our site services and/or entertainers. You hereby voluntarily waive any and all claims resulting from ordinary negligence both present and future which may be made by family estate heirs assigns, or client.
C. This website is provided “as is” and “as available.” Your use of this website is at your sole risk New Mexico Stripper LLC does not warrant that the content of this website is accurate, complete, reliable, current, or error-free. To the full extent permitted by applicable law, New Mexico Stripper LLC disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, and non-infringement. New Mexico Stripper LLC does not warrant that the operation of this website is reliable or error-free or that transmissions from this website are free of viruses or other harmful elements. New Mexico Stripper LLC will not be liable for damages of any kind arising from the use of this website, including direct, indirect, incidental, or consequential, and punitive damages.
CONTACTING US
If you have questions or comments about these terms of use, please contact:
NEW MEXICO STRIPPER, LLC
PO Box 35971 ABQ NM 87176
(505) 415-8601
NMS@newmexicostripper.com18 U.S.C. Section 2257 Compliance Notice
All models, actors, actresses and other persons that appear in any visual portrayal of actual sexually explicit conduct appearing or otherwise contained in this web site were over the age of eighteen years at the time the visual image was created. All other visual depictions displayed on this web site are exempt from the provision of 18 U.S.C. Section 2257 and 28 C.F.R. 75 because said they do not portray conduct as specifically listed in 18 U.S.C Section 2256 (2) (a) through (d), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct.
With respect to all visual depictions displayed on this web site, whether of actual sexually explicit conduct, simulated sexual conduct or otherwise, all persons were at least 18 years of age when said visual depictions were created. All records with respect to the content provider, which provider may or may not be the producer, as such term is defined in United States Code, Title 18, Section 2257, and which are required to be kept by federal law are in the possession of New Mexico Stripper LLC, and available for inspection. The material on this site may not be reproduced, distributed, or otherwise used without prior written permission by New Mexico Stripper LLC.