TERMS
OF USE
Welcome to the website (the “Site”).
PLEASE READ THESE TERMS OF USE (the “Terms”)
CAREFULLY BEFORE USING THIS SITE OR ANY SERVICES OR APPLICATIONS
RELATED TO THIS SITE. This site is subject to the the
Terms, which may be updated by us from time to time without
notice to you. In addition, you shall be subject to any
posted guidelines or rules applicable to the Site which
may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into these
Terms.
YOU MUST BE 18 OR OVER TO
ACCESS THIS SITE!
The materials available within this Web
Site include graphic visual depictions and descriptions
of nudity and sexual activity. By entering this website,
you are agreeing to the following:
1.
You are an adult, at least 18 years of age, you are familiar
with and understand the standards and laws of your local
community regarding sexually-oriented media. You represent
that, based on your familiarity with the standards and
laws of your local community, you will not be violating
any applicable standards or laws by requesting, receiving,
downloading or possessing any of the video, audio, graphics,
images or text ("Adult Material") available
on this Web Site.
2.
You hereby acknowledge that any use of this Web Site is
at your sole risk. You understand that by accepting the
terms of this Agreement, you are agreeing to hold the
Publisher of this Web Site harmless from any responsibilities
or liabilities related to your use of this Web Site and
the Adult Material contained herein.
3.
You will not permit any person(s) under 18 years of age
to have access to any of the Adult Materials contained
in this Web Site.
4.
You are voluntarily choosing to access this Web Site,
because you want to view, read or hear the various Adult
Materials that are available. You agree to immediately
exit from this Web Site if you are in any way offended
by the sexual nature of any Adult Material.
5.
This Web Site contains links to other related Internet
sites, resources, and sponsors. Selection of an ad banner
or link may redirect you off of this Web Site to a third
party site. Any content provided on such third party site
or transactions (including memberships) that occur between
you and the owner of any third party site are strictly
between yourself and that third party and are not the
responsibility of the Publisher of this Web Site. You
should direct any concerns regarding any third party site
to its site administrator or Webmaster. Your access to,
or use of, any non-Publisher web site is at your sole
risk.
PLEASE NOTE: When you no longer see the
URL you typed in the address display of your browser,
you are no longer on this Web Site.
6.
If you use this Web Site in violation of these Terms,
or use this Web Site where such use is illegal, you may
be in violation of local and/or federal laws. You agree
that you are solely responsible for your use of this Web
Site and any linked third party web sites, and agree to
indemnify Publisher against any claims arising out of
such use.
7.
Additional important conditions apply to your use of this
Web Site.
8.
By entering this site, you agree to abide by the Complete
Terms and Conditions of Use of the Web Site. If you do
not agree to the Complete Terms and Conditions of Use,
exit this website immediately.
AGE
OF MAJORITY
You represent and warrant you are at least 18 or 21 years
of age, depending on the age of majority in your jurisdiction,
and that you have the legal capacity to enter into this
Agreement. If you are not at least 18 or 21 years of age,
depending on the age of majority in your jurisdiction,
you must exit the Site immediately and may not use or
access the Site or print or download any materials from
it. Additionally, the Site does not assume any responsibility
or liability for any misrepresentations regarding a user’s
age.
NO
CHILD PORNOGRAPHY
If you seek any form of child pornography, you must exit
this site immediately. You acknowledge that all images
on the Site are newsworthy, and that the Site contains
no child pornography. We take a strong and definite stand
against child pornography and only publish newsworthy
images. If you see any images, real or simulated, depicting
minors engaged in sexual activity within the Site, please
report the images to 989media(at)gmail.com. Include with
your report any appropriate evidence, including the date
and time. All reports will immediately be investigated
and the appropriate action will be taken. We enthusiastically
cooperate with any law-enforcement agency investigating
child pornography. If you suspect other outside websites
are participating in unlawful activities involving minors,
please report them to www.asacp.org. Users should implement
parental control protections, such as computer hardware,
software, or filtering services, which may help users’
limit minors’ access to harmful material.
REGISTRATION
In consideration of your use of the Site, you agree to
provide true, accurate and complete information about
yourself as prompted by the Site registration or ordering
process, provided that in connection with registration,
you do not need to, and should not, use your full or true
name for your username. In addition, you agree to update
that information in order to maintain its truth, accuracy
and completeness. We may deny you access to the Site or
reject your order in the event that your information is
untrue, inaccurate or incomplete. Unless you cannot remember
your username and/or password, you may only register once
for use of the Site.
LIMITED LICENSE TO SITE
You are granted the limited right to view and use the
Site only for the purposes of viewing or playing content
such as videos or viewing pictures, placing product orders
or for accessing information and services. We reserve
the right to suspend or deny, in its sole discretion,
your access to all or any portion of the Site.
If you violate these Terms, we may terminate or cancel
your access rights to the Site immediately without notice.
We may also block your use of the Site. We reserve the
right at any time to modify or discontinue the Site or
any part thereof and you agree that we shall not be liable
to you or to any third party for any modification, suspension,
or discontinuance of the Site or any part thereof. This
license is limited to personal and non-commercial uses
by you. Any rights not expressly granted to you herein
are reserved to us. No portion of this Site is targeted
to children, and any minor should seek consent of his
or her legal guardian before using this site. Unless you
have received specific written permission from us, you
may not (a) "frame" or otherwise impose editorial
comment, commercial material or any information or content
on, or in proximity to, content displayed on the Site
or (b) alter or modify any content on the Site. Without
limiting other restrictions, you agree not to reproduce,
transmit, sell, or otherwise exploit the Site for any
commercial purpose. Please be aware that we have created
or may create in the future certain areas on the Site
that contain adult or mature content. You must be at least
18 years of age to access and view such areas.
The Site may allow users to upload, post, and/or distribute
user submitted content, and use of the Site for this purpose
is subject to the following conditions:
*
You understand that all user feedback, data, comments,
suggestions, information, text, data, software, sounds,
photographs, audio, audiovisual, video, artwork, graphics,
messages and other materials of any nature (“Materials”)
that are transmitted to or via the Site are the sole responsibility
of the person from which the Materials originated. This
means you, and not us, are entirely responsible for the
Materials you transmit through the Site. Further, you
understand that by using the Site you may be exposed to
Materials that are offensive, objectionable or indecent.
* You shall not create a user name or screen name or upload
to, distribute through or otherwise publish through the
Site any Materials which are libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights,
harmful of minors in any way, abusive, illegal or harassing,
or contain expressions of hatred, bigotry, racism or pornography,
or are otherwise objectionable, or that would constitute
or encourage a criminal offense, violate the rights of
any party or violate any law or that you do not have a
right to make available under contractual or fiduciary
relationships.
* Your Materials, user name and/or screen name will not
disparage in any manner , its owners, advertisers,
products, or services and sites.
* Your Materials shall not infringe the copyright, trademark,
publicity/privacy right or other intellectual property
right of any third party.
* You shall not upload to, distribute through or otherwise
publish through the Site any Materials that are directly
or indirectly commercial in nature or contain any solicitation
of funds, promotion, advertising or solicitation for goods
or Site. You specifically acknowledge that soliciting
other users to join or become users or members of any
commercial online web site or other organization is expressly
prohibited.
* You shall not upload to, distribute through or otherwise
publish through the Site any Materials that contain viruses
or any other computer code, corrupt files or programs
designed to interrupt, destroy or limit the functionality
or disrupt any software, hardware, telecommunications,
networks, servers or other equipment.
* You shall not act in a manner that negatively affects
other users’ ability to interact with the Site.
* You shall not collect or store personal data about other
users.
You
acknowledge that we do not pre-screen any Materials posted
by you or other users, but that we and our designees shall
have the right (but not the obligation) in our sole discretion
to refuse or remove any Materials. Without limiting any
of our rights, we and our designees shall have the right
to remove any Materials that violate the Terms or are
otherwise objectionable, as well as terminate your access
to the Site. You agree that we have no liability or responsibility
for the storage or deletion of any Materials that you
or any other persons submit or post. We reserve the right
to change these general practices and limits at any time
in our sole discretion. Unless you enter into a separate
agreement with us, such as through the Contest, we do
not claim ownership in Materials you submit, however,
by submitting Materials in any form to us, in addition
to other provisions of the Terms, you automatically grant
TMFT Enterprises LLC, a Delaware limited liability company,
and its successors, assigns, and licensees and parent,
subsidiary and other affiliated entities (“TMFT
Enterprises”), an exclusive, fully-paid, world-wide,
royalty-free license to publicly display, publicly perform,
distribute, and reproduce the Materials in any manner
and in any medium, including, without limitation, through
physical copies such as still photos, videos, and CDs,
by television by any means, on or via the Internet, including,
without limitation, the World Wide Web, and any other
two-way transmission control protocol / internet protocol
(TCP/IP) based distribution network or similar networks
or technologies now known or hereafter to become known,
including, but not limited to, delivery via such a network
to personal computers, hand-held devices, and television
set-top boxes through telephone or cable lines, or wirelessly
through broadband, satellite, cellular or terrestrial
broadcast networks and other similar networks or technologies
whether now existing or hereafter developed. You obtain
no rights in any form, media, or technology incorporating
the Materials.
PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality
of YOUR password and account, and are fully responsible
for all activities that occur under your password or account.
You agree to immediately notify us of any unauthorized
use of your password or account or any other breach of
security. You acknowledge, consent and agree that we may
access, preserve, and disclose your account information
and Material if required to do so by law or in a good
faith belief that such access preservation or disclosure
is reasonably necessary to: (a) comply with legal process;
(b) enforce these Terms; (c) respond to claims that any
Materials violates the rights of third-parties; (d) respond
to your requests for customer service; or (e) protect
the rights, property, or personal safety of us, our users
and the public. You understand that the technical processing
and transmission involved in interacting with the Site,
including the transmission of Materials, may involve (a)
transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices. You understand that the Site may
include security components that permit digital materials
to be protected, and use of these materials is subject
to usage rules set by us and/or content providers who
provide content to the Site. You may not attempt to override
or circumvent any of the usage rules embedded into the
Site.
CONTESTS AND RATING CONTENT
From time to time, we may conduct contests in which we
may award various prizes. You agree that if you participate
in any contest, you will abide by all the rules and be
subject to all the terms and conditions of such contest,
in addition to these Terms. You agree that you shall only
rate each individual instance of content on our Site,
such as videos, still pictures, flash animation, games
and joke only once.
INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct
and acceptable Materials. Specifically, you agree to comply
with all applicable laws regarding the transmission of
technical data exported from the United States or the
country in which you reside.
INDEMNITY
You agree to indemnify and hold us, TMFT Enterprises,
affiliates, officers, agents, partners and employees harmless
from any claim or demand, including reasonable attorneys
fees, arising out of your content and materials, your
use of the Site, your violation of these Terms or your
violation of any third party's rights including such party's
copyrights and trademarks.
DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND US, THE SITE AND RELATED APPLICATIONS,
MATERIALS AND SERVICES ARE PROVIDED TO YOU "AS IS"
WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. WE HEREBY
DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL
WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE
SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER
CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES;
ACCURACY, comPLETENESS, RELIABILITY, TIMELINESS, CURRENCY,
OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B)
ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK
OF NEGLIGENCE IN CONNECTION WITH THE SITE, APPLICATIONS,
OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION
WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION IS
BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN ADDITION, WE DISCLAIM ANY WARRANTIES
OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION
WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
ASSUMPTION OF RISKS
YOU ASSUME ALL RISKS THAT THE SITE, APPLICATIONS, AND
RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR
NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR comPUTER OR
LOSS OF DATA. BY VIEWING THIS SITE, READING comMENTS BY
OTHER USERS OR ACCESSING APPLICATIONS AND SERVICES RELATED
TO THIS SITE YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT,
OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT
WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF
ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY
ADVERTISER OR CONTENT PROVIDER ON THE SITE.
NO INCIDENTAL, CONSEQUENTIAL
OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER
WE NOR ANY OF OUR AFFILIATES OR AGENTS WILL BE LIABLE
TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR
INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST
PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY
INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK
OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT
OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED
INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE)
OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE
TERMS BY US OR ANY OF OUR AFFILIATES OR AGENTS SHALL BE,
AT OUR OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL
OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE
TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON US;
OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO US. YOU AGREE
THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY
EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADVERTISERS
The Site contains links to third party sites that are
not under our control and we not responsible for any content
on any linked site. If you access a third party site from
the Site, then you do so at your own risk. We provide
links only as a convenience and the inclusion of the link
does not imply that we endorse or accept any responsibility
for the content on those third party sites. Additionally,
your dealings with or participation in promotions of advertisers
found on the Site, including payment and delivery of goods,
and any other terms (such as warranties) are solely between
you and such advertisers. You agree that we shall not
be responsible for any loss or damage of any sort relating
to your dealings with such advertisers.
LINKS
/ ADVERTISERS / THIRD PARTIES
Some websites which are linked to the Site are owned and
operated by third parties. Because the Site has no control
over such sites and resources, you acknowledge and agree
that the Site is not responsible for the availability
of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising,
services, products, or other materials on or available
from such sites or resources. You further acknowledge
and agree that the Site shall not be responsible or liable,
directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of
or reliance on any such third-party content available
on or through any such site or resource. If you decide
to access any such third party sites, you do so entirely
at your own risk and subject to any terms and conditions
and privacy policies posted therein. Third party links
to websites or advertisements are not endorsed by the
Site, but are for the user's convenience and should be
accessed at user’s own risk. You agree to hold the
Site harmless from any and all damages and liability that
may result from links appearing on the Site. You further
agree not to post links to any site containing any content
relating to obscenity, child pornography, password trading,
hacking, rape, bestiality, copyright infringement, or
hate speech. Violations of this acceptable posting policy
are grounds for immediate termination.
GENERAL PRACTICES REGARDING
USE AND STORAGE
You acknowledge that we may establish general practices
and limits concerning use of the Service, including without
limitation the maximum number of days that Materials will
be retained by the Site, the maximum number of Materials
that may be sent from or received by an account, the maximum
size of any Materials, the maximum disk space that will
be allotted to you, and the maximum number of times (and
the maximum duration for which) you may access the Site
in a given period of time. You acknowledge that we reserve
the right to log off accounts that are inactive for an
extended period of time.
OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Site and any necessary
software used in connection with the Service (“Software”)
contain proprietary and confidential information that
is protected by applicable intellectual property and other
laws. You further acknowledge and agree that content contained
in sponsor advertisements or information presented to
you through the Site or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by us
or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based
on the Site or the Software, in whole or in part. We grant
you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on
a single computer; provided that you do not (and do not
allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software
in any manner or form, or to use modified versions of
the Software, including, without limitation, for the purpose
of obtaining unauthorized access to the Site.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided
in these Terms, there shall be no third party beneficiaries
to this Agreement.
NOTICE AND AMENDMENTS
We may provide you with notices, including those regarding
changes to these Terms, by either e-mail, regular mail,
or postings on the Site. Any use of the Site or order
by you after such updating shall be deemed to constitute
acceptance of such amendments, modifications, or new conditions.
If you do not want to be bound by an amendment, you will
need to terminate your registration, if any, and refrain
from using the Site.
PROCEDURE
FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
We respect the intellectual property of others, and we
ask our users to do the same. We may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts
of users who may be repeat infringers. If you believe
that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property
rights have been otherwise violated, please provide us
with the following information:
1.
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other
intellectual property interest;
2. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
3. a description of where the material that you claim
is infringing is located on the site;
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;
6. a statement by you, made under penalty of perjury,
that the above information in your notice is accurate
and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual
property owner's behalf.
GENERAL INFORMATION
Entire Agreement. These Terms constitute the entire agreement
between you and us and govern your use of the Site, superseding
any prior agreements. You also may be subject to additional
terms and conditions that may apply when you use or purchase
certain other services, affiliate services, third-party
content or third-party software.
Resolution of Disputes. You agree that any controversy
arising out of or in connection with our relationship,
or a dispute with reference to these Terms, their validity
or effect will be governed by the laws of the state of
California. Any controversy arising out of or in connection
with use of the Site or these Terms, their validity or
effect, will be conclusively determined by arbitration
in the City of Los Angeles in accordance with the rules
of the American Arbitration Association; provided, however,
that such arbitration will be held before a single arbitrator
selected by the parties, which arbitrator must be well
acquainted with the digital entertainment Internet industry.
You agree that any proceeding that you may choose to bring
against us will be initiated within six (6) months after
the alleged date of the event bringing rise to such dispute.
You waive any and all rights and benefits which you or
we might otherwise have or be entitled to litigate any
such dispute in court, because it is your intention to
arbitrate all such disputes according to the provisions
hereof. The arbitrator's decision will be controlled by
these Terms. Any such decision and accompanying award
will provide for each party, respectively, to bear its
own costs of arbitration and attorneys’ fees. The
pendency of an arbitration, the proceedings, any evidence
or other material, and any award shall be maintained and
remain confidential, except that an award may be confirmed
by a court of competent jurisdiction if it has not been
fully satisfied within 14 days of its issuance.
Waiver and Severability of Terms. Our failure to exercise
or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision. If
any provision of these Terms 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 these Terms shall remain in full force and
effect.
