WEBSITE USER AND MEMBERSHIP TERMS AND CONDITIONS


LAST MODIFIED: April 11, 2012

Prior to accessing or using this website (the “Site”, “We” or “Us”), you, the website user (“You”) must agree to ALL of the conditions in these Terms of Use which hereby form a binding agreement (the “Agreement”) between You and Us (collectively, the “Parties”).

You must read, review, understand and agree to this Agreement BEFORE You access the Site. If You do not wish to be bound by each and every provision of this Agreement, then You may not use this Site or any other website controlled by Us. All terms must be adhered to, and You may not unilaterally disregard any portion of this Agreement. However, if there is a particular portion of this Agreement that You wish to avoid, You may contact us to negotiate a separate agreement BEFORE You use Our Website(s). We do not guarantee that such negotiations will be successful, and reserve the right to refuse service to anyone wishing to alter this Agreement. Nevertheless, if You wish to discuss Your own personalized Agreement, please contact us or have Your attorney do so. Any terms which may be negotiated between Us and You must be signed in writing by an executive of our company proper and not any third party or customer service personnel. If You do not understand all of the terms in this Agreement, then You should consult with an attorney before accessing/using any portion of this Site, other than this Agreement. You demonstrate your unconditional and affirmative agreement to be bound by the terms of this Agreement by creating an account and/or continuing to use and/or access the Site after having the opportunity to view this Agreement, such as being provided a link on the Site which directs you to this Agreement.

Minimum Age - ADULTS ONLY

THIS SERVICE IS FOR ADULTS ONLY! By using or accessing the Site (other than this Agreement and/or Our Privacy Policy) You represent, warrant and covenant that You are at least 18 years old or the age of majority in your jurisdiction, whichever is older (the "Age of Majority") pursuant to 28 U.S.C. § 1746. Accordingly, if You provided incorrect information in order to gain access to our site (such as clicking a button to continue to the Site), You have committed an act of perjury; this perjury was recorded, and may (and will) be used against You in any court proceeding or before any other tribunal of any kind. The Site and Service are intended for adults only. We reserve the right to terminate Your account if We, in Our sole and absolute discretion, believe You are in violation of this section. We additionally reserve the right to terminate Your account and report You to the proper authorities is the event that We suspect, in our sole and absolute discretion, that someone who is not the Age of Majority has used your account.

Zero Tolerance for Child Exploitation
You understand that all performers appearing on this Site are, and were at the time of all recorded images, at least 18 years of age, and that the Site contains no child pornography.

Consideration
Consideration for Your agreement to all of the provisions in this Agreement has been provided to You in the form of allowing You to use the Site. You acknowledge and agree that such consideration is adequate, and that Your consideration is received upon Your viewing and/or accessing any portion of the Site other than these Terms and/or Our Privacy Policy.

Revisions to this Agreement
We reserve the right, from time to time, to revise this Agreement and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement shall supersede any prior versions immediately upon its/their posting; the prior version(s) shall have no continuing legal effect, and You affirmatively agree to be bound by the new, superseding terms of this Agreement and assume responsibility for any resulting breaches of the Agreement. In such event, the “Last Modified Date” at the top of this Agreement shall be updated to reflect the date this Agreement was changed/modified. For this reason You hereby agree to regularly, on an at least quarterly basis, review this Agreement to ensure there have been no changes/modifications. In the event there are changes/modifications, You agree to review the changed/modified Agreement. In the event that You do not agree, for any reason, with any change or modification to this Agreement, You must immediately close Your account with the Site and cease from using the Site. Any continued use of the Site following Our posting of a revised/modified Agreement, regardless of Your failure to adhere to your obligation to review this Agreement, shall be deemed your consent to all changes/modifications in the changed/modified Agreement and a waiver of any rights to dispute the Agreement’s terms.

Content on the Site
The Site contains viewable and/or downloadable, images, video and other content; including but not limited to: text, software, images, photographs, videos, graphics, data, messages, and other information (collectively, the “Materials” or the “Content”). The Content features graphic visual depictions of sexual activity and nudity. You acknowledge and stipulate that all of the Materials are expressive content that is fully protected by the First Amendment to the United States Constitution and lawful to view in your jurisdiction.

Limitation on License to Use Site
By agreeing to the terms of this Agreement, You are granted a non-exclusive, non-transferable license to view and access the Content for personal, non-commercial purposes. In connection with this license, You may not:

  • -Sublicense, sell, assign or otherwise share your membership to the Site or the Materials with anyone;
  • -Duplicate any part of the Site or the materials contained therein for any purpose (except as expressly provided elsewhere in this Agreement);
  • -Distribute, share, trade or create any derivative works based on the Site or any of the Materials contained therein; you agree that any such use is NOT “fair use” under 17 U.S.C. § 107;
  • -Use the Site and/or any of the Materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use” under 17 U.S.C. § 107;
  • -Post, share, trade or offer for use/viewing any or all of the Materials to or through any websites or service, including, without limitation, through one-click hosting sites, file locker sites, bit torrent protocol, video hosting “tube” sites, or any other similar technology;
  • -Remove any copyright or other proprietary notices from the Site or any of the Materials contained therein;
  • -Circumvent any encryption or other security tool(s) used anywhere on the Site.

If We detect or believe that You or an account/Member has breached this provision of the Agreement, We reserve the right to, without notice, immediately terminate the account and bar the Member from accessing the Site’s members area. Further, we reserve the right to pursue legal action against the holder of the account for such breach.

You agree that You will only use Our Materials for your own personal use. You may only display them on one computer or mobile device. However, You are prohibited from sharing Our Materials, whether by emailing them to another person, sharing them on any remote server of any kind, or placing them on or making them available through any one-click hosting site, file locker site, a torrent site, a tube site, or any other site, service, or server of any other medium used for sharing content. These restrictions are illustrative and non-exhaustive, and similar sharing shall be prohibited as determined in Our sole discretion.

No Interference
Except where expressly permitted by law, You may not translate, transcribe, reverse-engineer, decompile, disassemble and/or make derivative works from Our Content. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or its Materials, and will not use any device, software, computer code, computer commands or virus to interfere or attempt to disrupt or damage the Site, its Contents or any communications on it.

Registration
You are responsible for providing all equipment and the computer necessary to access the Site. You may access the non-public portion of the Site only by being a member in good standing of the Site. You may become a member of the Site by completing an online registration form and you must pay the then current membership fee. In connection with completing the online registration form, You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the 'Registration Data') and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while You are a member. If you provide any information that is untrue, inaccurate, not current or incomplete, or Site or any of its authorized agents suspect that such information is untrue, inaccurate, not current or incomplete, Site reserves the right to suspend or terminate Your account and refuse any and all current or future use of the Site, as well as subjecting You to criminal and civil liability.

Password and Security
As part of the registration process, You will be issued a unique user name and password which you must provide in order to gain access to the non-public portion of the Site. You certify that when asked to choose a username you will not choose a name which may falsely represent You as somebody else, or a name which may otherwise be in violation of the rights of a third party. We reserve the right to disallow the use of usernames that We, at our sole discretion, deem inappropriate and/or to terminate the membership of any member who violates this section, in our sole discretion. Your membership, the ID and password are nontransferable and non-assignable. You represent and warrant that You will not disclose to any other person your unique user name and password and that You will not provide access to the Site to anyone who is below the age of majority in Your state, province, or country, or otherwise does not wish to view the content on the Site. You are solely responsible for maintaining the confidentiality of your user name and password, and You are fully responsible for all activities that occur under your user name and password. You agree to (a) immediately notify Us of any actual or suspected unauthorized use of your user name and password or any other breach of security, and (b) ensure that You exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Site until you notify Us in writing regarding that unauthorized use. Unauthorized access to the Site is illegal and a breach of this Agreement. You hereby agree to indemnify the Us against any and all activities conducted against Us and/or the Site through your account.

Membership Fees
Subscriber's membership to the service will be automatically renewed upon expiration of the initial term at the then-current monthly rate, unless You terminate Your account membership through the Site or by contacting our Customer Service department. Membership fees to the Site are prominently displayed prior to your subscription thereto. Multi-month memberships (e.g., a purchase of a three-month membership as opposed to a trial or one-month membership) will be charged at one time, and not on a per-month basis; however, if the membership is not cancelled prior to its scheduled expiration, the membership will renew on a month-by-month basis. You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. You will be redirected to a secure website belonging to a third party payment processor to whom you will directly submit your payment information. We will not receive your credit card number or ACH payment account numbers. Certain third party payment processors We use permit Our Customer Support limited access to your billing history and information. Payments made through a third party payment processor will be subject to such third party payment processor’s own terms and conditions. Your card issuer and/or banking institution agreement may contain additional terms with respect to Your rights and liabilities as a cardholder. We reserve the right to make changes to Our fees and billing methods, including the addition of supplemental charges for any content or services provided by the Site, with or without prior notice to You, at any time. AGAIN, THIS SITE USES AN AUTOMATIC REBILL CYCLE IF YOU DO NOT TERMINATE YOUR MEMBERSHIP.

Billing Errors
If You believe that you have been erroneously billed, please notify Us immediately of such error. If We do not hear from You within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You release Us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

Dishonored Checks, Fraudulent Chargebacks and Fraudulently Obtained Refunds
You are responsible for dishonored checks and any related fees that We incur with respect to your account. Similarly, You are solely responsible for any overdraft fees or similar charges You may receive as a result of not maintaining your account in good standing with the banking and/or credit institution. In the event that You stop payment, request a chargeback or claim any charge actually made by You as being fraudulent, unauthorized or similarly not made by You (including fraudulently claiming the purchase was made by a minor), We reserve the right to pursue both civil and criminal action against you for such fraudulent action.

Download Limit
To the extent the Site allows for its content to be downloaded, a member in good standing may download up to 10 gigabytes of data each day, and additionally up to 15 “big” movies as defined in Our sole discretion. Upon reaching this limit, You may be denied access to download any additional data until the beginning of the next day.

Responsibility for Content Downloaded or Otherwise Captured by You and/or Your Account
You specifically agree that if Your account is used to download any of the Content and such Content is later found on a one-click hosting site, a file locker site, a torrent site, a tube site, or any other site, service or server, or any other medium used for sharing the Content, that You will pay liquidated damages of $50,000 to Us per video and $25,000 to Us per photo, graphic, image or other data. However, You can show that your account was compromised because of a security breach of Our servers generally - and the breach affected your account - and not a result of your negligence (which may include selecting the word “password” or an equally weak codeword as Your password, or failing to take adequate security measures to ensure the security of Your account) or intentional sharing of your account, then you will not be responsible for these liquidated damages.

Termination of Your Account
Voluntary – You may voluntarily terminate your account at any time either through your account or by contacting Our Customer Support. Involuntary – Without limiting other remedies, We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate Your access and use of the Site and refuse to provide Our services to You at any time, with or without advance notice, if:

  • -We believe that You have breached any material term of this Agreement;
  • -We are unable to verify or authenticate any information You provide to Us;
  • -We believe that Your actions may cause legal liability for You, Our users, or Us; or,
  • -We decide to cease operations or to otherwise discontinue any services or options provided by the Website(s) or parts thereof.
In the event that Your account is terminated for any of the reasons set forth herein, You agree that neither We, the Site, nor any third party acting on Our behalf shall be liable to You for any termination of Your membership or access to Site. You further agree that if Your account is terminated by Us, You will not attempt to re-register as a member of the Site without prior written consent from Us. Cancellation of Your account or other business relationships with Us shall not be deemed to terminate Our relationship with You with respect to the provision of unsolicited commercial e-mail. This business relationship is specifically deemed to continue indefinitely until explicitly terminated by You, by using the opt-out information contained in each email from Us.

Disclaimer and Indemnification:
If We believe that You have used the Site in violation of any law, We may terminate your ability to use the Site immediately, without notice, and We shall have the right to voluntarily cooperate with law enforcement or private aggrieved parties, including proactively contacting law enforcement or such aggrieved parties. We hereby disclaim any liability for damages that may arise from the use of the Site by any third party including other members. You do hereby agree to defend, indemnify and hold Us harmless from any liability that may arise for Us should You and/or Your account violate any law. You also agree to defend and indemnify Us should any third party be harmed by Your actions or should We be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party. The Contents or portions thereof that may be offensive to third parties. You agree to indemnify and hold Us harmless from any liability that may arise from someone viewing such material through Your account or as a result of You and/or Your account accessing the Site and You agree to cease review of the Site should You find it offensive. You agree to defend, indemnify, and hold harmless the Site, Our parent company, Our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your (or You under another person’s authority - including without limitation to governmental agencies) use, misuse, or inability to use the Site or any of the Materials contained therein, or Your breach of any part of this Agreement. We shall promptly notify You in writing of any such claim or suit, and cooperate fully (at Your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at Our own expense, and choose Our own legal counsel; however, We are not obligated to do so.

Ownership of Intellectual Property Information
All Site names are Our Service Mark(s) and/or Trademark(s). You may not register, use, or traffic in any domain name that is confusingly similar to Our registered or common law trademarks or servicemarks, nor use these trademarks or servicemarks for any other commercial purpose. The Site features original works of authorship either owned by or licensed exclusively to the Site. Other companies’ product and service names referenced on the Site may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. You shall not use these third parties’ trademarks or servicemarks, nor any other such property belonging to third parties, for any purpose. This Site belongs to Us, and We either own or have rights to display all of the materials thereupon. You may not use any of Our Content or Materials, without Our express written consent.

Limitation of Liability
In no event, shall We (or Our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Site or any of the Materials contained therein, even if We have been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if We have been advised of the possibility of such damages. In no event shall Our maximum total aggregate liability hereunder for direct damages exceed the total fees, actually paid by You, for use of one of this Site during the sixty (60) day period immediately prior to the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.

Complaint Policy
You agree that if You have any complaint about the Site and/or the Material including (but not limited to) a complaint or claim of defamation (libel or slander), invasion of privacy, false light, trademark infringement, right of publicity claims, or any related or similar tort, that You will provide written notice to Us. You agree that We shall have fifteen (15) business days after Our RECEIPT of said notice to evaluate Your concern(s). After evaluating Your concern(s), We will respond with substantially one of the following responses: 1. We do not believe Your concern(s) is(are) valid; 2. Additional information is needed to process/evaluate/investigate Your concern(s); or, 3. We will request Your preference regarding an opportunity to cure Your concern(s). You acknowledge and agree that upon transmission of Your complaint/concern(s) to us, You will be considered to have engaged in settlement discussions with Us, and neither party will initiate formal legal action while non-adversarial resolution is in progress. You agree that You will not file suit unless and until We issue a statement to You that We have taken Our final action, and that no further action will be taken without adversarial proceedings. At that point, You may proceed with arbitration as provided for under this Agreement. You acknowledge that once You accept any of Our offers of non-adversarial resolution, that You irrevocably waive any and all possible claims with respect to the concern(s)/complaint raised by You and that if You do bring any action against Us that You hereby stipulate that You will bear Your own costs and fees incurred in the action, regardless of the outcome of that action, and that You stipulate that Your damages will be limited to the lesser of $100.00 or the amount of membership fees paid to Us by You in the immediately preceding six (6) month period, and no more, and that You hereby acknowledge that such amount is sufficient and adequate. You understand that no part of this Agreement obligates Us to go beyond that required by law, and this Agreement is in place for Your convenience. If We believe that Your requests are unreasonable, We reserve every right to terminate discussions with or file suit against You to recover any legal fees incurred due to harassing or unreasonable requests.

General Provisions:
Governing Law – This Agreement and all matters arising out of, or otherwise relating to, this Agreement shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. All Parties to this Agreement irrevocably agree that the exclusive jurisdiction and venue for any and all actions or proceedings arising in connection with this Agreement or any services or business interactions between the parties that may be subject to this Agreement shall be tried and/or litigated exclusively in the state and federal courts located in Miami-Dade County, Florida. The Parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the Parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
Binding Arbitration –If the Parties are unable to resolve a dispute through the dispute process above, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable worker's compensation law, unemployment insurance claims, actions for injunctions, attachment, garnishment, and other equitable relief. The arbitration shall be conducted in Miami-Dade County, Florida, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of this Agreement; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
All Parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever. All Parties stipulate that the state and federal courts located in Miami-Dade County, Florida shall have personal jurisdiction over them for the purpose of litigating any dispute, controversy, or proceeding arising out of (or related to) this Agreement and/or the relationship between the parties contemplated thereby. Each Party hereby authorizes and accepts services of process sufficient for personal jurisdiction in any action against it in the venue and jurisdiction provided for herein by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.

Assignment – Subject to the terms hereof, the rights and liabilities of the Parties hereto will bind and inure to the benefit of their respective heirs, assignees, successors, executors, and administrators, as the case may be

Severability – If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.

Attorneys’ Fees – In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, all parties shall bear their own costs and fees unless otherwise specified in this agreement.

Enforcement – Where You have agreed to pay liquidated damages within this Agreement, You specifically agree to pay these amounts, and that they are good faith, reasonable and fair estimates of the actual damages Your breach of the Agreement has caused Us, and is not a penalty. For any breach of this Agreement not specified otherwise herein, You agree that Your breach of this Agreement shall result in liquidated damages of $2,500 per occurrence, payable from You to Us, our heirs, successors and assigns, and You specifically agree to pay this amount. You further agree to be liable for all attorneys’ fees We expend in the collection of the liquidated damages You have promised to pay Us in the event of your breach of this Agreement, and that You shall be solely liable for all attorneys’ time, filing fees, costs such as copies, travel, and other incidental expenditures incurred in collecting your promised liquidated damages.

No Waiver – No action nor inaction made by Us shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

Headings – All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.

Complete Agreement – This Agreement constitutes the entire Agreement between the parties with respect to Your access and use of the Site and the Materials contained therein, and Your Membership with the Site, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.

Other Jurisdictions – We make no representation that the Site or any of the Content contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws.




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