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Sex Sluts -
WEBSITE USER AND MEMBERSHIP TERMS AND CONDITIONS:
LAST
MODIFIED: August 12, 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 that You are at least 18 years old
or above the minimum legal age to watch the contents in
your jurisdiction, whichever is older (the "Age of
Majority"). 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.
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”.
-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” .
-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 unauthorised 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 twelve-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 AUTOMATIC REBILLING
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.
Fraudulent Chargebacks and Fraudulently Obtained
Refunds
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 civil
action against you for such fraudulent action.
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 £5,000 to
Us per video and £250 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 including
proactively contacting law enforcement. 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 indemnify Us 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 indemnify and commence legal proceedings
against 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 defence of
such claim or suit. We reserve the right to participate
in the defence of such claim or defence 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.
Governing Law:
This Agreement shall be governed by and construed in accordance
with English law, and the parties hereto each agree to
submit to the jurisdiction of the courst of England.
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 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.
Lawyers’ 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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