1.1. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, upon Your submission of Your credit card, online check or other authorized means of payment for Your purchase, which shall constitute Your consent and agreement to these Terms and Conditions, and the proper processing of such credit card, check or other authorized payment means for the payment of all required purchase charges or fees, we agree to provide to You access to the content you have elected to view on the Website.
1.2. You agree that this Agreement is subject to change by us at any time and changes shall become effective upon notice to users by e-mail, posting at or via hyperlink to the Website, or by mail. You may not alter, delete, add or change or edit any of these Terms and Conditions, and any such attempted alteration shall be void and of no effect.
1.3. You agree that any action on Your part to bookmark to a page on this Website whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgment by You of the fact that You are an adult (at least 18 years of age or of the age of majority under the laws of Your state, province or country).
2. SEXUALLY EXPLICIT MATERIAL.
2.1. ALL CONTENT AND MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE ALL THE CONTENT, MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY LAW OF ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENT AND MATERIALS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITE.
2.2. YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE CONTENT AND MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, WHICH MAY INCLUDE, WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND/OR TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING FOR ENTERTAINMENT AND/OR EDUCATIONAL PURPOSES ONLY.
3. ACCESS AUTHORIZED TO ADULTS ONLY.
3.1. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW ANY OF THE CONTENT AND MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH THE WEBSITE. ANY ACCESS TO THE WEBSITE OR ANY OF ITS CONTENT AND MATERIALS BY A MINOR SHALL CONSTITUTE UNAUTHORIZED ACCESS TO STORED COMMUNICATIONS PROHIBITED BY THE STORED COMMUNICATIONS ACT, 18 U.S.C. SECTIONS 2510-2520 AND VIOLATIONS OF OTHER LAWS.
3.2. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
4. GRANT OF LIMITED LICENSE WITH RESERVATIONS.
4.1. In consideration of the payment of access fees, together with certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, we hereby grant You a limited, nonexclusive and nontransferable license to view the content and the materials selected by You from the Website (hereafter the “Materials”) solely for Your personal non-commercial use, during the period of time You have selected.
4.2. You acknowledge and agree that all Materials contained at the Website are proprietary and constitute valuable intellectual property owned by us or others who have licensed use of such Materials to us. You acknowledge and agree that as such You may access, view, download and receive the Materials available at the Website only as specifically authorized by us and in accordance with the terms and conditions of Your purchase, only on one computer at a time, per purchase, and, if downloadable copies of the Materials are made available to You through your purchase from the Website, You may make only a single copy of such Materials for Your own personal noncommercial use and enjoyment. You further acknowledge that we specifically prohibit You from doing any of the following acts, and You agree not to do any of these prohibited acts: (a) permitting other individuals to directly or indirectly view or otherwise use the Materials; (b) modifying, translating, reverse engineering, decompiling, disassembling the Materials or any feature or functionality of the Website (except to the extent applicable laws specifically prohibit such restriction); (c) making copies or creating derivative works based on the Materials of any kind; (d) renting, leasing, or transferring any rights in the Materials; (e) removing any proprietary notices or labels on the Materials; and, (f) making any other use of the Materials not expressly permitted herein.
4.3. You further represent and warrant to us that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by us. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use Materials, directly or indirectly in places which we do not authorize such access, viewing, downloading, receipt or other use (see PROHIBITED AREAS below).
4.4. You hereby acknowledge that You understand that we (and all persons affiliated us) do not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials contained on the Website to or by any person, INCLUDING YOU, that is located in any of the geographic regions designated as PROHIBITED AREAS.
4.5. You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Materials from the Website, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of Materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of our and potentially others’ intellectual property rights and other rights in such Materials and shall further constitute a violation of our trademarks and other rights. Further any access to Materials or any part of the Website from PROHIBITED AREAS shall constitute access to stored communications in excess of authority granted to do so and violates our intellectual property rights and may violate 18 U.S.C. Sections 2510-2520 and other civil and criminal laws.
5. PROHIBITED AREAS. All of the following areas constitute PROHIBITED AREAS from which no part of the Website may be accessed, viewed, downloaded or otherwise received:
5.1. All parts of the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates and
5.2. All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom.
6. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS. You agree to be personally liable and fully indemnify us and our successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized viewing, accessing, downloading or other duplication of Materials from the Website by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized viewing, accessing or downloading of Materials from the Website.
7. TRIAL USER ACCOUNT; FEES; CANCELLATION. By accepting the trial access to the Website You authorize the charges set forth below and agree to the following terms and conditions:
7.1. Your trial user account will entitle You to access the Website for 48 hours starting upon the moment You submit Your trial account application to the Website.
7.2. You agree that if You do not send us notice of cancellation of Your trial user account at the expiration of Your trial usage, we shall automatically and without further notice: convert Your trial usage to a purchase of a standard monthly membership to the Website at the standard rate. Standard memberships will recur on a monthly basis until cancelled.
7.3. Rates and fees for viewing Materials on the Website are subject to change at any time at our sole and absolute discretion.
7.4. TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE TRIAL USAGE PERIOD, YOU MUST NOTIFY US AT OR PRIOR TO THE END OF THE TRIAL USAGE PERIOD, BY CONTACTING US BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE THE CURRENT CONTACT POINTS PROVIDED UNDER THE “SUPPORT” SECTION OF THE WEBSITE.
7.5. All cancellations received by us will be effective upon receipt.
7.6. We may, at any time and at our sole discretion, cancel any paid access fees or subscriptions.
7.9. You authorize us to charge Your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, Website You agree to be personally liable for all charges incurred by You during or through the use of Website. Your liability for such charges shall continue after termination of Your usage of the Materials.
8. TRANSFER OR ASSIGNMENT OF ACCESS.
8.1. You agree that You shall not, under any circumstances, have the right to transfer or assign Your access to Materials on the Website to any other person or entity, and that any attempted transfer or assignment shall be void. Any access to Materials by any person other than You using Your password or other access means shall constitute access in excess of the license granted herein and shall violate our intellectual property rights and may violate civil and criminal laws, including the Stored Communications Act.
8.2. You further agree that we may, at any time at our sole discretion and without prior notice to You, transfer or assign Your access rights to the Materials of the Website to an affiliated or non-affiliated company. You agree that we may transfer Your credit card information to such assignee solely for the purpose of processing continued access by You of the Materials.
9. PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF CARD.
9.1. Payment for the services provided to You at, and/or through Website may be made by automatic credit card debit or via online checks and You hereby authorize us, our successors and assigns and their agents, such as merchant credit card processors (e.g., Epoch, etc.) to transact such payments on Your behalf.
9.2. You hereby authorize us or our successors, designated agents and assignees to charge Your credit card (or other approved payment methods and facilities) for any and all purchases of products, services and entertainment provided to You by the Website. You expressly agree that the authorization to charge Your credit card herein is extended to authorize any of our processing agents, successors in interest or any licensees of us to charge Your credit card for access to the Materials on the Website and for other goods or services which You purchase at or in connection with the Website in accordance with these Terms and Conditions during the period that any such party processes for us, sells access to, or operates the Website.
9.3. You further agree You must promptly inform us of any and all the following: loss or theft of the credit card used to pay for access to the Materials of the Website or other goods or services obtained in, at or through Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your access and usage, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect our ability to expeditiously obtain payments due us. You agree that You will remain liable for any unauthorized access or use of the Materials of the Website or any of its services associated with Your access fees, until You have notified our Customer Service representative or department , whose current contact points are provided under the “Support” section of the Website.
9.4. You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Website or any fraudulent reporting of an unauthorized charge to the Website on Your credit card which has been made by You or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to the Website remains outstanding at the time of such fraudulent reporting, You shall be liable to us for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
9.5. You further acknowledge and agree that You will remain liable to us for any unauthorized use of the Website associated with Your access or usage of the Materials after the termination of this Agreement.
10. TERMINATION OF ACCESS. Your liability for all charges incurred during Your usage of the Materials shall continue after termination, for any reason.
11. PASSWORD SECURITY. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Materials on the Website which you have selected and paid for. Access to and use of the Materials Website is through the use of a password. You must keep this password strictly confidential and You agree that if You share Your unique Login name and/or Your Password with another individual that Your access to the Materials of the Website is subject to immediate termination without notice or reimbursement of any kind. Any sharing of passwords or any other methods of unauthorized access to the Website Materials with any other person is strictly forbidden. Any such password sharing exceeds the authority granted to You to access the Materials, violates our intellectual property rights and may violate civil and criminal laws, including the Stored Communications Act.
12. NO WARRANTIES; LIMITATIONS ON OUR LIABILITY.
12.1. YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY US, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIALS, AND ALL SERVICES PROVIDED BY US, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY US, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL WE, OUR SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE.
12.2. ANY OF OUR LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF ACCESS OR USAGE FEE PAID BY YOU TO US. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.
13. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
13.1. You acknowledge that You understand that we do not screen or endorse websites, products or content offered in advertisements or communications linked, submitted or pertaining to the Website by third-party licensees, advertisers, or users for electronic dissemination through the Website, nor do we have any editorial control or supervision over such content. You are therefore advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.
13.2. You further acknowledge that You understand that we do not control the content of any information, messages, communication or other materials posted or uploaded by users of the Website, and that You release us from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials You may receive from other users of the Website.
14. RESTRICTIONS ON USERS’ COMMUNICATIONS; USER LIABILITY.
14.1. If we should, at any time, provide any service which enables users to communicate with or otherwise share information with other users, persons providing any kind of service to users, or any other person, or post information at, in or on the Website, You agree not to post, submit, publish, display, disseminate, or otherwise communicate, while connected to, or otherwise directly or indirectly using the Website or other services provided to You by us, any defamatory, obscene, pornographic, profane, inaccurate, abusive, threatening, offensive, or illegal material, or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person or entity. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling us to immediately terminate all rights to access the Website without notice or reimbursement. You agree that You are solely responsible for all information which You submit, publish, display, disseminate or otherwise communicate through the Website, even if a claim should arise after termination of service. We do not and will not assume any obligation to monitor any such communication means.
14.2. You acknowledge and agree that You, and not us, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
15. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT PRIVATE You further acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas of the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s) and may be subject to disclosure to applicable governmental authorities in accordance with applicable law.
16. TRADEMARK AND SERVICE MARK. The name of the Website is our service mark or utilized by us under license. No use of this mark shall be permitted except through our prior written authorization and permission to you or by the licensor of the mark. All rights reserved.
17. NOTICES TO US OR USERS. Notices from the Website to users may be given by means of electronic messages, by general posting on the Website, or by conventional mail. Communications from You to us may be made by electronic messages or conventional mail, unless otherwise specified in this Agreement. All inquiries to us should be sent by electronic mail to Customer Support representative or department, whose current contact points are provided under the “Support” section of the Website.
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement between You and us regarding Your use of the Website, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended by us.
19. CHOICE OF LAW, ARBITRATION. Any dispute or claim arising under or with respect to this Agreement which is incapable of resolution will be resolved by arbitration before one (1) arbitrator in Los Angeles, California in accordance with the Rules for Commercial Arbitration of the American Arbitration Association ["AAA"]. The appointing agency shall be the AAA and the arbitrator shall apply California law to both interpret this Agreement and fashion an award. The decision or award of the arbitrator shall be final and binding upon the parties. Any arbitral award may be entered as a judgment or order in any court of competent jurisdiction.
NOTICE: YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INVOLVING THIS AGREEMENT TO BE DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MAY POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. IN SO AGREEING YOU ARE ALSO GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. NEVERTHELESS YOUR AGREEMENT TO THIS ARBITRATION IS VOLUNTARY.
20. UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Our failure to enforce any provision shall not be deemed to be a waiver of our rights to enforce any other provision.
21. AFFIRMATION OF AGREEMENT. You hereby acknowledge and affirm that You have read this entire agreement and that You AGREE to all its terms and conditions by CLICKING WHERE INDICATED BELOW and by authorizing the use of Your credit card for payment of charges and fees for Your access to the Materials of the Website and for any other charges which You may incur for Your access to Materials, goods or services ordered at or in association with the Website.