Disclaimer

These terms and conditions of use (the "Terms of Use") govern your use of the web sites located at www.thelastblast.com, and, all of the information, features, merchandise and services offered thereon (referred to herein collectively as the "Service") and your relationship with AFFYIRHEID PRODUCTIONS EST:, AFFYIRHEID PRODUCTIONS EST: and all its affiliates, principals and employees (individually and collectively referred to herein as "Company", "we", "us" or "our"). These Terms of Use also incorporate by this reference the terms of our Privacy Policy (very private indeed!!). In addition, when using particular services or features on the Service, you shall be subject to any guidelines or rules applicable to such services or features that may be posted from time to time (but don't count on it). All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you do not agree to these Terms of Use and our Privacy Policy, you are not authorized to use the Service.... and ye betta dunno!!!

We may change the Terms of Use and/or the Privacy Policy from time to time and at any time without notice to you, by posting such changes on the Service. By using the Service following any modifications to the Terms of Use or Privacy Policy, you agree to be bound by any such modifications. Please check this page and our Privacy Policy periodically to familiarize yourself with any changes that may have occurred. Again, your use of the Service means that you accept and agree to the Terms of Use and Privacy Policy, so if you do not agree you betta getthefuckouttahere...

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You acknowledge and agree that the Company has no responsibility for the appropriateness, accuracy or availability of information or other content provided by web sites linked to or from the Service. Links to external web sites do not constitute an endorsement by the Company of the sponsors or operators of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these other sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss, harassment or impotence caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

Certain services and features offered through the Service are provided by third parties outside of the Service. While the Service provides a link to these services, we have no control over these services or the companies that provide them.

You understand and agree that we are not responsible in any way for your use of these services provided by third parties, and that your use of such services is subject to the terms and conditions established by such third parties. Information you provide when you use such services is collected by such services (and not by us), and we do not control their use of such information. You should do the same for other services provided by third parties.

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If you would like to purchase merchandise or other items offered on the Service (collectively, "Merchandise") your purchase will be subject to the terms and conditions of our Customer Service Policy. Please review our Customer Service Policy before making any such purchases. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Customer Service Policy. Our Customer Service Policy is hereby incorporated by reference into the Terms of Use.

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Due to the nature of e-commerce and the way our website is set up, we will only offer refunds upon our own discretion. This includes all our electronic products and services.

What You Cannot Do on the Service: Amongst many other things while using the Service you should not and may not:

1. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright, or other proprietary or intellectual property rights, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightsholder; or
2. upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted under EU, Swiss or U.S. copyright laws; or
3. upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to any kind of criminal and/or civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the EU rules, laws and regulations, Swiss Civil and/or Criminal Law, U.S. export or any other laws and regulations; or
4. upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the Company); or
5. restrict or inhibit any other user from using and enjoying the Service; or
6. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the Company) or engage in spamming or flooding or any other fishy dodgy way to sneakily bypass legal system; or
7. impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
8. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.

We have no obligation to monitor the Service. You acknowledge and agree, however, that we do retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect the Company, the Service or its members. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Use.

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All information or other materials submitted to the Service, whether through chat rooms, message boards, blogs, smoke signals, bushdrumming or otherwise, shall be deemed and remain the property of the Company, and we shall have the universal and worldwide, perpetual, irrevocable right to reproduce, modify, publish, display, perform, adapt, distribute and otherwise use and exploit any images, ideas, concepts or anything else contained in information or other materials that any user of the Service provides to the Service, in all media and for any purpose, without any compensation, attribution or other obligation to such user. The Company shall not be subject to any obligations of confidentiality regarding submitted information or materials, except as otherwise specifically agreed or required by law. In connection with the foregoing, you hereby grant to us the right to use your name (and likeness, if you provide a photograph or other image to us) to attribute to you comments, opinions and other material contained in your submissions and to otherwise promote Company, our products and the Service. Do not submit any photographs or other materials which do not belong to you.

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You acknowledge and agree that, regardless of whether you have registered for a paid or unpaid membership in the Service or have registred or not registered at all, we may terminate your password or your access or deny you access to all or part of the Service without prior notice if you engage in any conduct or activity that we, in our sole discretion, believe violates any of these Terms of Use, violates the rights of the Service, infringes the copyright or other rights of any party or is otherwise inappropriate, as determined by us, for continued access. No refunds of eventual subscription fees will be given under any circumstances. You agree to defend, indemnify and hold the Company and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees (just believe it, they are usually exotic!!!), arising in any way from your use of the Service, the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or any violation of these Terms of Use by you or users of your account. Disclaimer of Warranties; Limitation of Liability.

By using the Service, including any software and content contained therein, you agree that use of the Service is entirely at your own risk. The Service is provided to you for entertainment purposes only, and we cannot guarantee the accuracy or completeness of the information contained in the Service. THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL MERCHANDISE OFFERED THEREON) IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION ON THE SERVICE; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON- INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

NEITHER THE COMPANY NOR ANY OF ITS CREWMEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY MERCHANDISE OFFERED THEREON) OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

BECAUSE SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE SERVICE, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

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Company, or one of its affiliates, is the owner and/or authorized user of any trademarks, logos, tradenames and/or service marks appearing on the Service, including but not limited to "Playskool", "Playboyskool Enterprise" or "Playboyskool Est." or "AFFYIRHEID PRODUCTIONS EST:".Company is the copyright owner or licensee of the content and/or information on the Service, u nless otherwise indicated. The Service does not grant to you a license to any content, features or materials you may access on the Service. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms of Use, for any purpose. You may, however, print a copy of the information on the Service solely for your personal use or records. If you make other use of the Service, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, logos, tradenames, service marks, other copyrightable or other material or any other intellectual property, by including them on the Service.

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We reserve the right to change or discontinue, temporarily or permanently, the Service (or any part thereof), including but not limited to revising and/or deleting features or other information without prior notice to you. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Service. The content of the Service may vary depending upon your browser functionality and limitations. We reserve the right, at our sole discretion, immediately and without notice to suspend or terminate the Terms of Use, your account (if you have registered) and/or your ability to access the Service, for any reason.

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You acknowledge and agree that in order to use the Service you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software and a modem or other. Information You Provide to Us:

You may be required to provide us with information about yourself in order to enjoy certain features of the Service, such as registering for our e-mail list or for a Playboyskool Message Board, or shopping for Merchandise. If you choose to provide us with such information, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Service, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. Any information you provide to us is subject to our Privacy Policy.

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You agree not to resell or transfer to any third party the Service or use of or access to the Service. The Terms of Use and the relationship between you and the Company shall be governed by the laws of Switzerland, but not its choice of law rules. You and Company each agree to submit to the personal and exclusive jurisdiction of the courts located within the County Bern, Switzerland. The failure of Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.

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We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, suspend or cancel the accounts and/or access of users who may be infringing the intellectual property rights of others. If you believe that your work has been copied by materials on the Service in a way that constitutes copyright infringement, please provide the following information to our Agent to Receive Notification of Claimed Copyright Infringement:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Service;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Company's Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:

By mail: André Gross, Attorney-At-Law, Jaccard & Gross, Law Offices, Christoffelgasse 7, 3001 Bern/Switzerland

All Rights Reserved. 2006 AFFYIRHEID PRODUCTIONS EST

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Affyirheid Productions Est.
Austrasse 52
FL-9490  Vaduz
Tel. +423 237 40 70

or

POBox 6826
3001  Bern/Switzerland
+41 31 3122112

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