TERMS & CONDITIONS 

(Last amended: March 2021) 

  

Definitions 

In these Terms following terms have the following meanings: 

"Chargeback" a bona fide demand by a credit-card provider for FORTUNE EMPIRE LLC to make good the loss the credit card provider has incurred because the User has without justification disputed a purchase for which the User paid for using the User’s credit card; 

" MassagebyBlack " a User who uploads Content on the Website to be viewed by other Users; 

"Commission" the amount calculated as a percentage of the Revenue paid by Fans to view a Creator’s User Content or to use the Fan Interaction; 

"Incentive Payment" the payments that are made by FORTUNE EMPIRE LLC to Users who introduce new Users to Only Fans, which shall be equal to 5% of all the Commission earned by the referred User. 

"FORTUNE EMPIRE LLC dba Massage by Black", with company registration number: G21000007311 and registered address: 2350 N. University Dr. #848956 Pembroke Pines FL 33084 AS; FORTUNE EMPIRE LLC "Fan"  

"Fan Interaction" any functionality offered by a Creator as part of that Creator’s User Content which is hosted by Massagebyblack which allows a Fan to interact with (as opposed to just view) the User Content and or the Creator. 

"Massagebyblack" the social network of Users operating on the Website which enables Users to view Massage by Black Content and where appropriate, utilize Fan Interaction, book a massage appointment with Massage by Black. 

"Payment Provider" any third party approved by FORTUNE EMPIRE LLC which enables a User to make payments or a Creator to receive; 

"Refund" the return of monies to a Fan after a bona fide dispute, often issued prior to a chargeback; 

"Revenue" the monies paid by a Fan to FORTUNE EMPIRE LLC to view User Content or to use Fan Interaction; 

"User" any user of the Website, whether a Client or a Fan; 

"User Account" the section on the Website which can only be accessed by FORTUNE EMPIRE LLC or the User which inter alia details the Payment Provider ; 

"User Content" any and all photos, videos and other material or facility (including Fan Interaction functionality) uploaded onto the Website by a Creator; 

"Website" the website at www.massagebyblack.com

About 

  1. The Website is a social media website and Massage service which allows Users to view content created by Massage by Black and or book a massage service Massagebyblack is operated by FORTUNE EMPIRE LLC. 

  2. These Terms govern your use of the Website, including any content, functionality, and services offered on or through the Website whether part of Massagebyblack. By registering with and using Massagebyblack, you hereby accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms of Service, you must not access or use the Website. 

  3. Any information given on the Website including responses to “frequently answered questions” is not legally binding on FORTUNE EMPIRE LLC is informative only and does not form part of the Terms. 

  4. The Website is only offered and available to Users who are 18 years of age or older. By using the Website, you represent and warrant that you are 18 years of age, that you are of legal age to form a binding contract with FORTUNE EMPIRE LLC. If you do not meet all of these conditions, you must not access or use the Website. The Privacy Policy outlines in greater detail how FORTUNE EMPIRE LLC uses third parties to verify your eligibility. 

  5. FORTUNE EMPIRE LLC reserves the right to make changes to these Terms at any time and at FORTUNE EMPIRE LLC’s sole discretion. All changes are effective immediately from the time FORTUNE EMPIRE LLC posts them, and apply to all access to and use of the Website thereafter. By continuing to use Massagebyblack, you agree to the Terms as modified or as they currently appear. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. 

  6. By using Massagebyblack you consent to receiving communications from FORTUNE EMPIRE LLC electronically, including emails and messages posted to your Massagebyblack account, all as more fully detailed in the Privacy Policy (available here) (http://www.massagebyblack.com/privacy). You acknowledge and agree that all communications that Massage by Black sends to you electronically satisfy any legal requirement that such communications be in writing. If you wish at any time to withdraw your consent to receiving communications from Massage by Black, please email eroticmassagebyblack@gmail.com, notifying Massage by Black of the withdrawal of your consent. 

  7. FORTUNE EMPIRE LLC owns ALL Content on Massagebyblack.com and views expressed by Users on Massagebyblack do not represent FORTUNE EMPIRE LLC’s views. All transactions and interactions regarding Content on Massagebyblack.com are between Users.  

  8. Where FORTUNE EMPIRE LLC receives payment from a Fan to view User Content uploaded by Massage by Black or utilize Fan Interaction. On receipt of payment by FORTUNE EMPIRE LLC the Massage by Black shall have no right of action against the Fan for non-payment and the Massage by Black shall be obliged to allow the Fan to view the Content and utilize Fan Interaction (where applicable). Section 4 further describes the payment process. 

  9. FORTUNE EMPIRE LLC reserves the right at any time and without notice to: 

  10. modify, suspend or terminate Massagebyblack or any portion thereof; 

  11. restrict, limit, suspend or terminate your access to Massagebyblack or any portion thereof; 

  12. delete any content posted on Massagebyblack.com as a Creator if in FORTUNE EMPIRE LLC’s reasonable opinion it does not comply with these Terms and/or any applicable law; 

  13. monitor your use of Massagebyblack (including any content or message you post or broadcast on Massagebyblack) to verify compliance with these Terms and/or any applicable law; 

  14. investigate any suspected or alleged misuse or unlawful use of Massagebyblack and cooperate with law enforcement agencies in such investigation; 

  15. disclose information about your use of Massagebyblack in connection with law enforcement investigation of any suspected or alleged illegal activity, or in response to a lawful court order; or 

  16. change the Payment Providers. If FORTUNE EMPIRE LLC does this then FORTUNE EMPIRE LLC will use its reasonable endeavors to verify the bona fides and good standing of the new Payment Provider and notify the User and applicable details will be uploaded to the User Account. 

  17. From time to time, FORTUNE EMPIRE LLC may restrict access to some parts of the Website, or the entire Website, to Users. 

  18. How It Works 

  19. Massagebyblack is a social media platform that lets you create a User profile Fortune Empire LLC, which in turn allows you to: 

  20. upload User Content to be viewed by other Users or Fan Interaction to be used by other Fans; and/or 

  21. pay to view Massagebyblack’s Content or book a massage session with Massagebyblack 

  22. Account Registration 

  23. To become a User you must register and create a User Account on Massagebyblack.com. You must provide a valid email address, a username, and a password. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. 

  24. You agree that all information you provide as a User or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by FORTUNE EMPIRE LLC’s Privacy Policy at https://massagebyblack.com/privacy (/privacy), and you proceed on the basis that you are aware of how and why FORTUNE EMPIRE LLC process your personal data, as is set out in FORTUNE EMPIRE LLC’s Privacy Policy. 

  25. If you wish to view Massage by Black Content you will need to provide details of a payment card to a Payment Provider. Your payment card information is stored by the Payment Provider. 

  26. If you elect to input two or more payment card details onto your User Account if payment of the Revenue from the first card is rejected because the payment card is no longer valid then the other payment card(s) will be used to collect full payment of the Revenue. 

  27. By registering on Massagebyblack, you confirm that: 

  28. all User Account registration and pro Fortune Empire LLC information is truthful and accurate and that any User Content you provide is your own and does not infringe the intellectual property rights or any other proprietorial rights of a third party; 

  29. if you previously had a User Account with Massagebyblack, your old User Account was not terminated or suspended by FORTUNE EMPIRE LLC for violation of the Terms of Service; 

  30. you register on Massagebyblack for your own personal use and you will not sell, rent or transfer your User Account to any third party; and 

  31. FORTUNE EMPIRE LLC reserve the right, at any time, to verify the information which you provide to FORTUNE EMPIRE LLC as well as your compliance with the Terms. If FORTUNE EMPIRE LLC is unable to verify this then FORTUNE EMPIRE LLC reserve the right to suspend your account. 

  32. you will not use any third party payment processors to accept payments for subscriptions, or any other service, via Massagebyblack. 

  33. You are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify FORTUNE EMPIRE LLC at eroticmassagebyblack@gmail.comif you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information. 

  34. FORTUNE EMPIRE LLC reserves the right to disable any user name, password, or other identifier, whether chosen by you or provided by FORTUNE EMPIRE LLC, at any time and at FORTUNE EMPIRE LLC’s sole discretion for any or no reason, including if, in FORTUNE EMPIRE LLC opinion, you have violated any provision of the Terms. 

  35. Subscriptions, Purchases and Payment of Revenue 

  36. FORTUNE EMPIRE LLC will procure that Payment Providers ensure that Creators will receive the Commission from FORTUNE EMPIRE LLC with the difference between the Revenue and Commission being a management fee (which will include Incentive Payments) levied by FORTUNE EMPIRE LLC and payments due to the Payment Providers. The management fee is for providing, maintaining and operating the Website. The Commission will be 80% of the Revenue generated by Fans paying to view User Content uploaded by you or use Fan Interaction. 

  37. In order to view Massage by Black Content or utilize Fan Interaction on Massagebyblack, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator’s pro Fortune Empire LLC. Your payment card details will be passed to a Payment Provider which will take payment from your payment card and pay it into FORTUNE EMPIRE LLC’s account. 

  38. Depending on your use of Massage by Black the Payment Provider will take monthly payments or will take payments for ad hoc purchases such as Fan Interaction. However, you may cancel the monthly payments at any time by turning off the 'Auto-Renew' switch located under the relevant Creator’s User Content Pro Fortune Empire LLC or by contacting FORTUNE EMPIRE LLC at eroticmassagebyblack@gmail.com. If you cancel your monthly payments you will continue to be permitted to view the Creator's User Content until the end of the existing billing period, after which no further payments will be taken from your payment card and you will no longer be able to view the relevant Creator’s User Content. 

  39. FORTUNE EMPIRE LLC receives the Revenue and holds the Commission on behalf of the relevant Creator, and not on your behalf as a Fan. Once FORTUNE EMPIRE LLC has received payment from you as a Fan you have no further liability to Massage by Black and Massage by Black shall allow you as a Fan to view the User Content or utilize Fan Interaction. 

  40. FORTUNE EMPIRE LLC will take payment of the Revenue from the Fan and hold the Commission in FORTUNE EMPIRE LLC’s capacity as the agent for the Creator. 

  41. All payments to view User Content or utilize Fan Interaction are final and non-refundable. If FORTUNE EMPIRE LLC is alerted that a Fan has sought and received a Refund or Chargeback, FORTUNE EMPIRE LLC will take additional actions. Any purchase of the right to view User Content or to use Fan Interaction which is subsequently subject to a Refund or Chargeback may result in the User’s account being immediately and permanently excluded from Massagebyblack. The Refund or Chargeback amount may be removed from the earning Massage by Black 's income. The Creator may be alerted to the Fan Refund or Chargeback. 

  42. Account Deactivation 

  43. Should you wish to deactivate your Massagebyblack membership then you may do so in your User Account section. 

  44. If you are a Fan then any account deactivation will take place as soon as reasonably possible. You will no longer be charged or have access to User Content or Fan Interaction. Any subscriptions will be deleted and cannot be subsequently renewed. 

  45. If you are a Creator then you can only deactivate your membership when your last Fan Subscription has expired, and you have withdrawn any balance on your account. 

  46. If a User is both a Creator and a Fan then the account will be deactivated in two stages (Fan and then Creator). 

  47. You will receive an email confirmation upon the successful deletion of your account. 

  48. Intellectual Property Rights 

  49. Other than User Content, the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by FORTUNE EMPIRE LLC, FORTUNE EMPIRE LLC licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

  50. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows: 

  51. you may store Fortune Empire LLCs that are automatically cached by your Web browser for display enhancement purposes; and 

  52. you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. 

  53. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will end immediately and you must, at FORTUNE EMPIRE LLC option, return or destroy any copies of the materials you have made. 

  54. Other than User Content, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by FORTUNE EMPIRE LLC. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. 

  55. The Massagebyblack name, logo and all related names, logos, product and service names, designs, and slogans are trademarks of Massage by Black or Massage by Black or licensors. You must not use such marks without Massage by Black prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. 

  56. License 

  57. Subject to all of the terms, conditions, limitations and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive and limited license to use the Website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by FORTUNE EMPIRE LLC at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Massagebyblack other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by FORTUNE EMPIRE LLC. 

  58. FORTUNE EMPIRE LLC does not warrant that Massagebyblack is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Massagebyblack is compatible with your device. 

  59. Acceptable Use 

  60. FORTUNE EMPIRE LLC requires that all Users respect and comply with these Terms below, at all times, when using Massagebyblack. 

  61. You may not: 

  62. use Massagebyblack other than for your own lawful and personal use in accordance with these Terms; 

  63. impersonate LC, one of FORTUNE EMPIRE LLC employees, another User, or any other person or entity or falsely state, suggest or otherwise misrepresent any a Fortune Empire LLC, endorsement, sponsorship between you and FORTUNE EMPIRE LLC and/or any other person or entity; 

  64. falsify account registration information, or make unauthorized use of another's information or content; 

  65. use Massagebyblack in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity; 

  66. copy, reproduce, distribute, modify, or create derivative works from, any portion of Massagebyblack without FORTUNE EMPIRE LLC express written permission; 

  67. use Massagebyblack for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; 

  68. transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; 

  69. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by FORTUNE EMPIRE LLC, may harm FORTUNE EMPIRE LLC or Users of the Website or expose them to liability; 

  70. Massage by Black does not create, upload, post, display, publish or distribute User Content that: 

  71. is obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing, or in any way which incites violence or violates any of the aforementioned prohibitions; 

  72. violates another's copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image or other identity of another without proper consent); 

  73. promotes or advertises escort services; 

  74. promotes or advertises firearms or other weapons, drugs, or drug paraphernalia; 

  75. promotes any illegal activity, or advocates, promotes, or assists any unlawful act; 

  76. causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person; 

  77. involves 3rd party commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; 

  78. gives the impression that it emanates from or is endorsed by FORTUNE EMPIRE LLC or any other person or entity, if this is not the case. 

  79. You shall not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any User Content that you do not own. 

  80. You shall not use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. 

  81. You shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Massagebyblack. 

  82. You shall not interfere in any way with the operation of Massagebyblack or any server, network or system associated with Massagebyblack, including, without limitation: hacking, mail-bombing, flooding, overloading, or making "denial of service" attacks; probing, scanning or testing the vulnerability of the site or any server, network or system associated with the site; breaching or circumventing firewall, encryption, security or authentication routines; accessing information not intended for you, or accessing another user's account that you are not expressly authorized to access. 

  83. You shall not use Massagebyblack for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, performance or functionality, or for any other competitive purposes; 

  84. You shall not use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access Massagebyblack or any server, network or system associated with Massagebyblack, or to extract, collect, harvest or gather content or information from Massagebyblack. 

  85. You shall not make any other use of Massagebyblack that violates these Terms or any applicable law. 

  86. Any content posted that is reported by another User or Massagebyblack, and that is deemed unacceptable by FORTUNE EMPIRE LLC, will be deleted and the User notified via email. Users who repeatedly violate FORTUNE EMPIRE LLC Acceptable Use policy may be deactivated. If FORTUNE EMPIRE LLC becomes aware that a User is underage, FORTUNE EMPIRE LLC will promptly deactivate that User's account and delete all information and content of that User from Massagebyblack. If you are a parent or legal guardian and become aware that your minor-child has registered on Massagebyblack, please immediately notify FORTUNE EMPIRE LLC at eroticmassagebyblack@gmail.com

  87. By registering an account with Massagebyblack, you represent and warrant that: 

  88. you are at least 18 years of age; 

  89. you will fully comply with these Terms; 

  90. you accept full responsibility for the use of Massagebyblack on any device, whether or not it is owned by you; 

  91. you accept full responsibility for any User Content created or provided by you; and 

  92. your use of Massagebyblack will not violate these Terms or any applicable law. 

  93. If you are using Massagebyblack on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in or entailed by these Terms and that you are authorized to bind the business or other entity to these Terms. 

  94. User Content 

  95. Massagebyblack authorize it’s Fans to access and view (without downloading or copying) your User Content on Massagebyblack for their own lawful and personal use. You also represent, warrant and undertake that for each submission: 

  96. you own, have a valid license to, or otherwise control all rights in and to your User Content; 

  97. to the extent your User Content includes or utilizes any third-party property, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your User Content; 

  98. Massage by Black will not post any content depicting any person under 18-years old, 

  99. Massage by Black have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submission are in fact 18-years old or older; and  

  100. your User Content is non-confidential and will be made available to its Fans on Massagebyblack.com. 

  101. You grant FORTUNE EMPIRE LLC and Our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. 

  102. For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks, and to make your content available to Users, as well as for other normal operations of our website. We will never sell your content to other platforms. 

  103. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 

  104. You shall indemnify FORTUNE EMPIRE LLC, FORTUNE EMPIRE LLC’s licensees, successors, and assigns against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content. 

  105. FORTUNE EMPIRE LLC is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website. 

  106. Upon signing up to Massagebyblack.com, you also agree to act as custodian of records for the content that you upload to Massagebyblack.com. 

  107. Any questions regarding User Content can be addressed by emailing eroticmassagebyblack@gmail.com

  108. Linking to the Website  

  109. You may link to Massage by Black homepage, provided you do so in a way that is fair and legal and does not damage FORTUNE EMPIRE LLC reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on FORTUNE EMPIRE LLC part.  

  110. You agree to cooperate with FORTUNE EMPIRE LLC in causing any unauthorized framing or linking immediately to stop. FORTUNE EMPIRE LLC reserves the right to withdraw linking permission without notice. 

  111. Links from the Website 

  112. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including, without limitation, banner advertisements and sponsored links. FORTUNE EMPIRE LLC has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

  113. If it transpires that Incentive Payments have been made incorrectly then FORTUNE EMPIRE LLC reserves the right to recover those monies from the referring User. 

  114. In order to ensure that the referral program is not abused FORTUNE EMPIRE LLC reserves the right to verify the credentials and identity of referred Users and referring Users claiming to have introduced the referred Users. 

  115. The Incentive Payment will be processed on the first calendar business day of each month and paid in accordance with the Payment Provider’s terms. 

  116. The Incentive Payment is deducted from the monies that FORTUNE EMPIRE LLC would retain from the transaction and not from the monies earned by the referred User. 

  117. Disclaimer of Warranties; Limitations of Liability 

  118. By using Massagebyblack, you acknowledge and agree as follows: 

  119. Massagebyblack and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, FORTUNE EMPIRE LLC disclaim any and all warranties, express or implied, with respect to Massagebyblack and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. FORTUNE EMPIRE LLC does not warrant or guarantee the accuracy, usefulness, completeness or reliability of Massagebyblack, or the results of your use of Massagebyblack. FORTUNE EMPIRE LLC disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. FORTUNE EMPIRE LLC also do not warrant or guarantee that Massagebyblack and all of its services and features will be available at any particular time or location; that Massagebyblack and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Massagebyblack and all of its services and features will be free of viruses and other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the fullest extent provided by law, FORTUNE EMPIRE LLC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it. Your use of Massagebyblack and its services and features will be solely and entirely at your own risk. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law; 

  120. FORTUNE EMPIRE LLC does not warrant or guarantee that use of the Website will be uninterrupted or error free twenty-four hours a day, seven days a week, since FORTUNE EMPIRE LLC may need to carry out maintenance of the Website from time to time. However, FORTUNE EMPIRE LLC will use its reasonable endeavors to carry out any such maintenance of the Website outside of business hours (between 09:00 and 5:00 EST time) and FORTUNE EMPIRE LLC will endeavor to give reasonable notice, however this may not always be possible; 

  121. in no event shall FORTUNE EMPIRE LLC be liable (strictly or otherwise) in contract, tort, negligence, strict liability or under any other legal or equitable principle, for any indirect, incidental, exemplary, special, punitive or consequential damages (including, and without limitation, loss of use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) Massagebyblack or any of its services or features, nor shall FORTUNE EMPIRE LLC be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact FORTUNE EMPIRE LLC at eroticmassagebyblack@gmail.comand FORTUNE EMPIRE LLC will seek to prevent continuance of such distribution where FORTUNE EMPIRE LLC is reasonably able to do so; and 

  122. in no event shall FORTUNE EMPIRE LLC total and aggregate liability to you and/or others for any and all claims arising out of or related to your use of (or your inability to use) Massagebyblack or any of its services or features, exceed one hundred pounds sterling (£100.00). This does not affect any liability that cannot be excluded or limited under applicable law. 

  123. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) Massagebyblack or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one hundred pounds sterling (£100.00). 

  124. User indemnification 

  125. By using Massagebyblack, you agree to indemnify and hold harmless FORTUNE EMPIRE LLC and our employees, agents, representatives, successors and assigns from and against any and all claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising out of or related to any of the following: 

  126. your use of Massagebyblack or any of its services or features; 

  127. any User Content created, published, or otherwise made available on Massagebyblack by you; 

  128. any transaction or interaction between you and any other User of Massagebyblack; and/or 

  129. your violation of the Terms or any applicable law. 

  130. Notwithstanding FORTUNE EMPIRE LLC’s appointment as the Creator’s agent to pay the Creator Commission, FORTUNE EMPIRE LLC, the Fan and Creator are independent contractors and are responsible for meeting all of their respective legal or statutory obligations. This extends to the payment of any taxes or other payments properly demanded by a regulatory authority. Should a User fail to meet those obligations then the User shall indemnify FORTUNE EMPIRE LLC for any loss or expense, including management time that is as a consequence incurred by FORTUNE EMPIRE LLC. 

  131. Governing Law and Dispute Resolution 

  132. You and FORTUNE EMPIRE LLC agree that these Terms shall be governed by and construed in accordance with the laws of England and Wales (without regard to the conflict of laws provisions thereof) and that any dispute between you and FORTUNE EMPIRE LLC concerning Massagebyblack or arising out of or related to these Terms shall be resolved exclusively in the courts of England and Wales. 

  133. Except where prohibited by applicable law, any claim or cause of action by you concerning Massagebyblack or arising out of or related to these Terms must be Fortune Empire LLC within one year after such claim or cause of action arose, or be forever barred. 

  134. Waiver and Severability 

  135. No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 

  136. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

  137. General 

  138. The Terms constitute the sole and entire agreement between you and FORTUNE EMPIRE LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

  139. The Contracts (Rights of Third Parties) Act 1999 is excluded. 

 

Contact 

If you have any questions, comments, complaints or concerns about Massagebyblack, please contact our support team at eroticmassagebyblack@gmail.com