YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT IS REQUIRED FOR YOU TO BECOME A MEMBER OF, OR OTHERWISE ACCESS OR USE THE RESTRICTED "MEMBERS" AREAS OF THEGUYSITE.COM ("WEB SITE"). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW YOU WILL NOT BE ACCEPTED AS A MEMBER AND YOU WILL NOT BE AUTHORIZED TO ACCESS, VIEW, DOWNLOAD OR OTHERWISE USE ANY OF THE CONTENT OR OTHER MATERIALS IN THE MEMBERS PORTION OF THE WEB SITE.
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY ENTERING THIS WEB SITE WILL CONSTITUTE YOUR ACKNOWLEDGMENT AND AGREEMENT THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE COMPANY AND THAT YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL OF THE ABOVE AND TO ALL OF THE FOLLOWING:
1. PARTIES TO THIS AGREEMENT - DEFINITIONS.
1.1 PARTIES. The parties to this Agreement are You and TheGuySite.com, hereinafter the "Company."
1.2. DEFINITIONS. As used in this Agreement,
1.2.1 The terms "Company," "Licensor," "We," "Us" and variants thereof, shall interchangeably refer to the Company as licensor of certain non-exclusive rights to You, the licensee, to conditionally access and use the Web Site and materials available in, at, through, and in association with the Web Site, subject to the terms and conditions of this Agreement.
1.2.2. The terms "Member," "Subscriber," User," "You" and variants thereof, shall interchangeably refer to You, an individual, human being (i.e., a non-commercial entity) seeking a limited license, subject to the terms and conditions of this Agreement, to access the restricted areas of the Web Site, and materials and services available in, at, through, and in association with the Web Site, for entertainment and educational purposes only.
1.2.3. The terms "Content" and "Materials" shall interchangeably refer to prerecorded materials, including photographs, video, audio, audiovisual materials, textual, graphical, haptic, telephone "wallpaper," ringtones, games, contests, live audio and audiovisual entertainment, including live shows, video feeds, video "chat", audio "chat", "audio text", "video text," and other materials available in, at, through, or in association with the Web Site, by the Company or by one or more third party Content providers pursuant to licensing or sub-licensing agreement(s) with the Company.
2. SEXUALLY EXPLICIT MATERIAL.
2.1. INTENDED FOR CONSENTING ADULTS ONLY. ALL CONTENT AND OTHER MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED IN, AT OR AVAILABLE THROUGH OR IN ASSOCIATION WITH THE WEB SITE, ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS LOCATED IN LOCATIONS WHERE SUCH MATERIALS, MESSAGES AND OTHER COMMUNICATIONS NEITHER EXCEED THE CONTEMPORARY COMMUNITY STANDARDS OF THE COMMUNITY IN WHICH SUCH ADULTS ARE LOCATED NOR VIOLATE ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES, ANY STATE THEREOF, OR ANY OTHER COUNTRY.
2.2. ACKNOWLEDGMENT OF MATERIALS OF A SEXUAL NATURE. YOU HEREBY ACKNOWLEDGE THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, DOWNLOADABLE FROM, OR OTHERWISE AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH THE WEB SITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, AND HOMOSEXUAL 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.
3. ACCESS AND USE RESTRICTED TO ADULTS ONLY. ACCESS OR USE BY A MINOR IS A VIOLATION OF CIVIL AND CRIMINAL LAWS.
3.1. AGE RESTRICTED ACCESS. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, POSSESS OR OTHERWISE USE ANY OF THE CONTENTS OF THE WEB SITE, OR ANY MATERIALS OTHERWISE AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH THE WEB SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED IN, AT, THROUGH OR IN ASSOCIATION WITH THE WEB SITE.
3.2. ACKNOWLEDGMENT THAT ACCESS OR USE BY MINOR CONSTITUTES VIOLATIONS OF CIVIL AND CRIMINAL LAWS. You hereby acknowledge that You understand and hereby agree that any access to the age-restricted parts of the Web Site or any age-restricted Materials otherwise available in, at, through or in association with the Web Site, in any manner, by a minor or by a person assisting a minor to access any such restricted parts of the Web Site, shall constitute unauthorized accessing of the Company's computers and databases in excess of the authorization expressly granted by the Company in this Agreement, and shall comprise a violation of The Stored Communications Act (18 U.S.C. §§ 2701- 2710), trespass to chattels, intentional copyright infringement(s) of the Company's, and potentially others' copyrights protected under the laws of the United States and other countries, intentional infringements of the Company's trademarks and potentially other serious violations of civil and criminal laws.
3.3. AFFIRMATION OF CURRENT ADULT STATUS. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
4. GRANT OF LIMITED LICENSE.
4.1 LIMITED NON-EXCLUSIVE LICENSE. In consideration of the payment of membership fees, together with representations, warranties, acknowledgments, and other agreements made by You, as set forth in this Agreement, and subject to the terms and conditions set forth in this Agreement, the Company hereby grants You all the privileges of Membership including access to the Members-only Materials at the Web Site and limited, nonexclusive and nontransferable license to use the Materials contained in, at or made available through or in association with the Web Site solely for Your private personal entertainment, educational and non-commercial use, as provided by the Company during the period in which You are a Member in good standing.
4.2. EXTENT OF ACCESS DETERMINED BY TYPE OF MEMBERSHIP. The extent of Your access rights to the Content, and other Materials accessible through the Web Site will be determined by the type of membership You purchase.
4.3. TRANSFER ALLOWANCE. Your membership is allowed a maximum transfer of 5 gigabytes per 24-hour period. If the Company determines, in its sole discretion, that this allowance has been or is being exceeded repeatedly, Company may terminate Your membership without refund.
4.4. AGREEMENT AND RIGHTS OF ACCESS SUBJECT TO CHANGE. You agree that this Agreement and Your right to access the Web Site, or any parts thereof, are subject to change by the Company at any time and changes shall become effective upon notice to You or Members generally by e-mail, posting at, or via hyperlink to the Web Site, or by mail. You may not alter, delete, add, edit or otherwise change any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
4.5. IMPORTANT ACCESS AND USE RESTRICTIONS. You acknowledge and agree that all Content and other Materials contained in, at or available through or in association with the Web Site are proprietary and constitute valuable intellectual property owned by the Company or others who have licensed use of, or access to, such Materials to the Company. As such, You acknowledge and agree that You may access, view, download, receive and otherwise use the Materials available in, at, through or in association with the Web Site only as specifically authorized by the Company and only in accordance with the terms and conditions of Your membership. You may access and use such Materials only on one computer at a time and, if downloadable copies of the Materials are made available to You, You may make only a single copy of such Materials for Your own personal noncommercial use and enjoyment. You further acknowledge that the Company specifically prohibits You from doing any of the following acts, and You agree and warrant that You will not to do any of these prohibited acts:
4.5.1. permit other individuals to directly or indirectly use the Materials;
4.5.2. modify, translate, reverse engineer, decompile, or disassemble any part of the Web Site, any Content or other Materials, or any feature or function available in, at, through or in association with the Web Site (except to the extent applicable laws specifically prohibit such restriction);
4.5.3. make copies or create derivative works based on the Content or other Materials, except as provided herein;
4.5.4. rent, lease, or transfer any rights in the Materials;
4.5.5. remove any proprietary or legally required notices or labels on the Materials;
4.5.6. rebroadcast or otherwise transmit the Materials via the Internet or any other means;
4.5.7. view or otherwise use Materials in the presence of any person who is a minor, as defined in the jurisdiction in which You make such use; and
4.5.8. make any other use of the Materials not expressly permitted herein.
4.6. NO UNAUTHORIZED USE OR ACCESS. You further represent and warrant to the Company that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available in, at, through or in association with the Web Site in a manner not expressly authorized by the Company. 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, Content or other Materials, directly or indirectly in geographic locations which the Company does not authorize such access, viewing, downloading, receipt or other use.
4.7. ACKNOWLEDGEMENT OF RESTRICTED LOCATION ACCESS. You hereby acknowledge and understand that neither the Company nor any persons affiliated therewith authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials contained in, at, or available through or in association with the Web Site, by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS (see Paragraph 5 below).
4.8. USE EXCEEDING AUTHORIZATION VIOLATES CIVIL AND CRIMINAL LAW. All the intellectual property available in, at, through, or in association with the Web Site is either owned by or licensed to the Company. The Company reserves all rights to restrict the access to, and to restrict the duplication and distribution of all such intellectual property. The Company also reserves the right to restrict access to all or part of the Web Site and to its computer databases. You hereby acknowledge that You understand and hereby agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other unauthorized use of the Web Site, Materials available in, at, through or in association with the Web Site, or the Company's computer databases, including, but not limited to, accessing, viewing, downloading, receiving or other use of Materials in any PROHIBITED AREAS (see Paragraph 5 below), in any manner, by You, directly or indirectly, shall constitute intentional copyright infringement(s) of the Company's, and potentially others' copyrights protected under the laws of the United States and other countries, and shall further constitute trespass to chattels and intentional infringements of the Company's trademarks. Moreover, You acknowledge and agree that any accessing of Materials available in, at, through or in association with the restricted parts of the Web Site PROHIBITED AREA (see Paragraph 5 below), or any other unauthorized use or unauthorized accessing of restricted parts of the Web Site or Materials, in whole or in part, in excess of the authorization expressly granted by the Company in this Agreement, shall comprise a violation of The Stored Communications Act (18 U.S.C. §§ 2701- 2710). Intentional violation of the Company's copyrights could subject You to statutory damages of up to $150,000 per infringement.
5. PROHIBITED AREAS. All of the following areas constitute PROHIBITED AREAS from which no part of the Web Site, or any age restricted Content or other Materials available in, at, through, or in association with the Web Site, may be accessed, viewed, downloaded or otherwise received:
5.1. PROHIBITED ACCESS AREAS IN THE UNITED STATES. All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits:
150-179, 182-188, 193, 195, 196, 226-229, 238-268, 270-299, 304-310, 312-329, 335-339, 341, 342, 344, 346, 347, 349-352, 354-374, 376-397, 403-418, 420-427, 430-459, 467-479, 572-577, 609-620, 622-629, 634-639, 644-648, 650-658, 664-679, 686-693, 703-708, 710-714, 716-731, 734-741, 743-751, 754-769, 771, 772, 776-785, 788-799, 840, 841, 843-847
IMPORTANT: EACH TIME YOU WISH TO ACCESS THE WEB SITE, PLEASE CHECK TO SEE IF YOU ARE IN A PROHIBITED ZIP CODE. IF SO, YOU MAY NOT ACCESS ANY MATERIALS FROM A PROHIBITED ZIP CODE LOCATION.
WARNING: ACCESSING THE RESTRICTED PARTS OF THE WEB SITE FROM A PROHIBITED LOCATION WILL CONSTITUTE COPYRIGHT INFRINGEMENT, TRESPASS AND A VIOLATION OF THE FEDERAL STORED COMMUNICATIONS ACT (18 U.S.C. §§ 2701- 2710).
5.2. PROHIBITED AREAS OF ACCESS OUTSIDE THE UNITED STATES.
5.2.1. All parts of the following countries: Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Japan, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Islamic law; and
5.2.2. All parts of every other geophysical place corresponding to any political entity or part thereof in which accessing, viewing, downloading, dissemination of, or other use of the Content or other Materials contained in the Web Site 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 the Company and its successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized accessing of the Web Site or the Company's other computer databases, downloading, duplication or other unauthorized use of the Web Site or any Content or other Materials available in, at, through or in association with the Web Site 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 such unauthorized activities, including, without limitation, attorney's fees and all litigation costs.
7. MONTHLY MEMBERSHIPS AND FEES. By accepting a membership to the Web Site or by accessing the Content available in, at, through or in association with the restricted parts of the Web Site, You authorize the charges set forth below (and/or posted elsewhere in the Web Site in association with the offer of membership) and You agree to the following terms and conditions:
7.1. LENGTH OF MEMBERSHIP. Depending on the membership plan you choose, Your membership will entitle You full access of the Web Site for the number of days specified in the plan, starting on the first day You submit Your membership application or Your Membership fee payment information at our registration, payment or check-out page.
7.2. NON-CANCELLED RECURRING MEMBERSHIP. You agree that if You do not send the Company notice of cancellation of Your recurring membership at least ONE (1) DAY prior to the renewal date of Your recurring membership term, the Company shall automatically and without further notice renew Your recurring monthly membership to the Web Site for successive periods of one month each at the then current standard one-month recurring monthly membership rate.
7.3. ALL MEMBERSHIP FEES AND OTHER FEES SUBJECT TO CHANGE. All Membership and other fees for services available in, at, through or in association with Web Site, are subject to change at any time at the sole and absolute discretion of the Company.
7.4. REGISTRATION INFORMATION. To become a member and access the restricted parts of the Web Site, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Web Site that all the information You provide in, on, through, or in association with, the Web Site will be correct, current, and complete. If Company believes the information You provide is not correct, current, or complete, the Company has the right to refuse Your access to the Web Site or any of its features, functions, Content or other Materials, and to terminate or suspend such access at any time.
8.1. CANCELLING RENEWING MEMBERSHIPS. TO CANCEL AUTOMATIC RENEWAL AT THE END OF ANY RECURRING MEMBERSHIP PERIOD, YOU MUST NOTIFY THE COMPANY AT LEAST ONE (1) DAY PRIOR TO THE END OF THE RECURRING MEMBERSHIP PERIOD. Memberships may be cancelled through the Member Services page.
8.2. NO REFUNDS FOR UNUSED PORTION OF MONTHLY MEMBERSHIP. You hereby acknowledge and agree that if You cancel Your monthly membership, Your username and password will be removed from the system at the end of the then current monthly membership period and that You will be entitled to receive the full benefits of Your monthly membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if You cancel Your monthly membership before the end of the then current monthly membership period. You agree that if You cancel at any time after purchasing a monthly membership to the Web Site (e.g., 20 minutes after You sign up), You will still be charged the full month's membership fee.
8.3. COMPANY RESERVERS RIGHT TO CANCEL ANY MEMBERSHIP AND ISSUE REFUNDS. The Company may, at any time and at its sole discretion, cancel any trial membership or any monthly membership; provided, however, that if the Company cancels any trial membership prior to its expiration, the Company shall provide a pro-rata refund for the remaining portion of the canceled month's membership by automatic credit.
9. RESERVED RIGHT TO DISCONTINUE ANY FEATURE OF WEB SITE. You acknowledge and agree that the Company and third party Content providers may temporarily or permanently modify, diminish or discontinue entirely any feature, function, service or part of the Web Site or Membership, or any Content or other Materials available in, at, through or in association with the Web Site, at any time, in the Company's sole discretion, or, as relevant, in the sole discretion of the applicable third party Content provider(s).
10. PAYMENT PROCESSING AUTHORIZATION. You hereby authorize the Company's Internet Payment Service Providers and other authorized agents and assigns ("Authorized Processors") to charge Your credit card to pay for Your membership fee, if any, and all monthly membership fees, including RECURRING MONTHLY MEMBERSHIP FEES to the Web Site at the then current standard monthly membership rate. You further authorize the Authorized Processors to charge Your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by the Web Site. You agree to be personally liable for all charges incurred by You during or through the use of Web Site. Your liability for such charges shall continue after termination of Your membership.
10.1. ONLY YOU MAY ENTER YOUR CREDIT CARD INFORMATION INTO FORMS AT OR ASSOCIATED WITH THE WEB SITE. You acknowledge, agree and warrant that the name, account number, expiration date, security code, if any, and all other information relating to any credit card you use to pay for your Membership or any other any service or products in, at, through or in association with the Web Site, was and, at all times, shall be entered by only You at credit card data forms and data request prompts located in, at or associated with the Web Site.
11. PAYMENT AUTHORIZATION.
11.1. GENERALLY. Payment for the services provided to You in, at, through or in association with the Web Site may be made by automatic credit card debit, debit card, online checks, Short Message Signal ("SMS") billing, and other approved payment means offered in, at, through or in association with the Web Site, and You hereby authorize Company and its agents to transact such payments on Your behalf.
11.2. AUTHORIZATION TO CHARGE YOUR CREDIT CARD. You hereby authorize the Company's Internet Payment Service Provider to charge Your credit card to pay for Your Membership to the Web Site. You further authorize the Company's Internet Payment Service Provider to charge Your credit card for any and all purchases of products, services and other entertainment available in, at, through, or in association with the Web Site. You agree to be personally liable for all charges incurred by You in association with Your access or other use of any live shows or other Content provided by the Company or any third party in association with the Web Site. You acknowledge and agree that Your liability for all such charges shall continue after termination of Your access or any type of membership arrangement with the Company.
11.3. AUTHORIZATION TO CHARGE YOUR CREDIT CARD OR OTHER SELECTED PAYMENT MEANS FOR AUTOMATIC RENEWALS OF YOUR MONTHLY RECURRING MEMBERSHIP. Unless and until You notify the Company that You wish to cancel or terminate Your Membership to Web Site, You hereby agree and authorize Company's Internet Payment Service Provider to automatically renew Your Membership to the Web Site on a continuing monthly basis and to charge Your credit card (or other payment means you have selected) to pay for the ongoing cost of Your Membership. You hereby further authorize Company's Internet Payment Service Processor to charge Your credit card (or other approved payment means you have selected) for any and all purchases of products, services and entertainment provided to in, at, through or in association with the Web Site.
11.4. OBLIGATION TO REPORT LOST OR STOLEN CREDIT CARD. You further agree that as a Member and User of the Web Site, You must promptly inform Company's Internet Payment Service Processor of any and all the following: loss or theft of the credit card, debit card or information theft associated with the online checking account or other selected payment means used to pay for Membership to the Web Site or other goods or services obtained in, at, through, or in association with the Web Site; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Membership, such as loss, theft, unauthorized disclosure or unauthorized use of an ID, access code or Password; and all other changes pertaining to Your credit card, debit card, online checking or other payment account used to pay for services or products in, at, through or in association with the Web Site, pursuant to this Agreement, or otherwise, which may affect the Company's ability to expeditiously obtain payments due to the Company. You agree that You will remain liable for any unauthorized use of the Web Site and use of any services or products obtained in, at, through or in association with the Web Site or Your Membership, until You have notified Company's Customer Service.
11.5. FRADULENT REPORTING OF UNAUTHORIZEDCREDIT CARD CHARGE; LIQUIDATED DAMAGES. You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services in, at, through, or in association with the Web Site, the Company or any third party service provider or affiliate related thereto, or any fraudulent reporting of an unauthorized charge to Web Site 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 Web Site or a related third party remains outstanding at the time of such fraudulent reporting, shall cause You to be liable to the Company for liquidated damages of $25,000.00 for each instance of such fraudulent activity. 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 or warranties set forth in this Agreement, or for any infringements of the Company's or any other person's or entity's intellectual property rights or the infringement of any other rights or violations of any laws.
11.6. RESPONSIBILITY FOR UNAUTHORIZED USE OF WEB SITE. You further acknowledge and agree that You will remain liable to the Company for any unauthorized use of the Web Site or Materials or services associated with the Web Site or Your Membership that is due to Your negligence or any intentional acts in which You were directly or indirectly involved. You further agree that You will remain liable for any such unauthorized use until You have notified Company's Customer Service.
12. DISPUTING CHARGES. To dispute or cancel any erroneous charge, you must contact Company's Customer Service.
13. NOTICES TO COMPANY OR MEMBERS. Notices from the Web Site to You may be given by means of electronic messages or by general posting on the Web Site. All notices to the company shall be sent through the Member Services page.
14. TERMINATION OF MEMBERSHIP. Subject to the cancellation policy and procedures set forth in this Agreement, either the Company or You may terminate Your Membership at any time without cause. Your liability for all charges incurred during Your Membership term shall continue after Termination of Your Membership for any reason.
15. YOU MAY NOT TRANSFER OR ASSIGN YOUR MEMBERSHIP, ACCESS RIGHTS OR OTHER PRIVILEGES. You shall not, under any circumstances, have the right to transfer or assign Your membership, rights of access to the Web Site or any Content or other Materials available in, at, through or in association with the Web Site, or any other rights or privileges granted to You by the Company, or any other party in association with the Web Site, to any other person or entity, and that any attempted transfer or assignment of any such rights shall be void.
18. RESTRICTIONS ON USE.
18.1. USE LIMITED BY COMPANY. You may only use the Web Site for purposes expressly permitted by the Company as set forth herein and/or elsewhere in the Web Site. You may not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, You may not (and may not authorize any other party to) (i) co brand the Web Site, or (ii) frame the Web Site, or (iii) hyper-link to the Web Site, without the express prior written permission of an authorized representative of the Company. For purposes of this Agreement, "co branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Web Site or Content or other Materials accessible in, at, through or in association with the Web Site. You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
18.2. PROPRIETARY CONTENT AND OTHER INFORMATION. The Web Site and all Content and other Materials accessible in, at, through or in association with the Web Site, and any other World Wide Web site owned, operated, licensed, or controlled by the Company are the proprietary information of the Company and Company retains all right, title, and interest in such Content and Materials. Accordingly, such Content and other Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company, except that You may view a copy of the Content on one computer at a time solely for Your personal use. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content or other Materials. Modification or use of the Content or other Materials available in, at, through or in association with the Web Site, except as expressly provided in this Agreement violates the Company's, and potentially other parties', intellectual property rights. Neither title nor intellectual property rights are transferred to You by granting You a Membership in, or otherwise allowing You access to, the Web Site.
18.3. TRADEMARKS, SERVICE MARKS, AND LOGOS. The name of this Web Site is a service mark of Company. No use of this mark shall be permitted except through the prior written authorization and permission of Company. All rights reserved. All other trademarks, service marks, and logos appearing in the Web Site are the property of the Company or the party that provided the trademarks, service marks, and logos to the Company. The Company and any party that provided trademarks, service marks, and logos to the Company retain all rights with respect to any and all of their respective trademarks, service marks, and logos appearing in the Web Site.
19. NO REPRESENTATION, GUARANTEE OR WARRANTY THAT WEB SITE OR CONTENT ASSOCIATED THEREWITH IS FREE OF HARMFUL OR MALICIOUS CODE. You understand that the Company cannot, and does not, represent, guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for Your use of the Web Site, any Materials, feature or function available in, at, through, or associated with the Web Site, or Your use of the Internet, in general, or in association with Your accessing the Web Site.
20. DISCLAIMERS; NO WARRANTIES; YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
20.1. CONTENT, MATERIALS, FEATURES, FUNCTIONS AND ALL OTHER GOODS AND SERVICES PROVIDED ON AN "AS IS" BASIS. YOU HEREBY AGREE THAT THE CONTENT, MATERIALS, FEATURES, FUNCTIONS AND ALL OTHER GOODS AND SERVICES PROVIDED TO YOU BY COMPANY AND ITS AFFILIATED CONTRACTORS, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
20.2. YOU ASSUME ALL RISK OF USE. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEB SITE OR ANY AND ALL CONTENT AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH THE WEB SITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIALS, FEATURES, FUNCTIONS, GOODS AND SERVICES PROVIDED BY COMPANY, OR OTHERWISE AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH THE WEB SITE, IS BORNE EXCLUSIVELY BY YOU. SHOULD ANY SUCH CONTENT OR OTHER MATERIALS, OR ANY FEATURE, FUNCTION, GOOD OR SERVICE 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 OR INDIRECTLY FROM ANY AND ALL SUCH DEFECTS.
20.3. NO DUTY TO UPDATE INFORMATION. ALL OF THE INFORMATION IN THE WEB SITE, WHETHER HISTORICAL IN NATURE OR FORWARD-LOOKING, SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON THE WEB SITE, AND COMPANY DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT IS POSTED OR TO REMOVE SUCH INFORMATION FROM THE WEB SITE IF IT IS NOT, OR IS NO LONGER, ACCURATE OR COMPLETE.
20.4. THIS DISCLAIMER IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS 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 THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER MEMBERS OR USERS OF THE WEB SITE, OR THEIR SUPPLIERS, LICENSEES, OR RESELLERS 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 OR NON-COMMERCIAL DAMAGES RESULTING FROM ANY USE OF THE FEATURES, FUNCTION, CONTENT OR OTHER MATERIALS AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH THE WEB SITE, OR ANY OTHER USE OF THE WEB SITE.
21. LIMIT OF COMPANY'S LIABILITY. ANY LIABILITY OF COMPANY, 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, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE LESSER AMOUNT OF (1) THE MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE MEMBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD, OR (2) FIFTY DOLLARS ($50.00). AS APPLICABLE. 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. 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 WEB SITE.
22. CUSTODIAN OF RECORDS. All models, actors, actresses and other persons that appear in any visual depiction of actual sexual conduct appearing or otherwise contained in Web Site were over the age of eighteen years at the time of the creation of such depictions. All other sexually explicit visual depictions displayed on this Web Site, while exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because said visual depictions are of merely simulated sexual activity, are, nevertheless, of persons who were at least eighteen (18) years of age when said visual depictions were created. The records required pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75 are kept by the Custodian of Records for Web Site.
23. COOPERATION WITH LAW ENFORCEMENT. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information regarding any Member alleged by any governmental entity to be using the Web Site or any Content or Materials available in, at, through or in association with the Web Site in violation of any law or regulation, or in violation of this Agreement, including, without limitation, the posting any of e-mail messages, or publishing or otherwise making available any such materials. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING, OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
24. ENTIRE AGREEMENT. This Agreement contains the entire agreement between You, the Licensee, and the Company regarding Your access to, and use of, the Web Site, and all Content and other Materials available in, at, through or in association with the Web Site, and all features and functionality directly and indirectly related to the Web Site. This Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Agreement may only be amended in writing by the Company. Notwithstanding the foregoing, any additional terms and conditions on the Web Site will govern the items and matters to which they pertain. The Company may revise this Agreement at any time by updating this posting.
25. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. By accepting these terms and conditions as indicated herein, or by otherwise continuing to use the Web Site in any manner, You agree that this Agreement and all disputes or controversies of any kind arising under, or related to this Agreement, the Web Site, and/or any Content, Materials, features or functions available in, at, through or in association with, or in any way relating to, the Web Site, shall be governed by and construed under the laws of the State of CALIFORNIA and the United States, as applied to agreements between CALIFORNIA state residents entered into and to be performed within the State of CALIFORNIA, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
25.1. CHOICE OF LAW. You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of the state of CALIFORNIA.
25.2. ARBITRATION. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Agreement which are not first resolved informally, shall be determined by binding arbitration in LOS ANGELES, CALIFORNIA, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of CALIFORNIA and the United States. Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company, in its sole discretion shall elect the dispute to be resolved by either (1) a municipal or superior court of competent jurisdiction in LOS ANGELES, CALIFORNIA or (2) a panel of three (3) new arbitrators.
25.3. VENUE. You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Agreement shall be LOS ANGELES, CALIFORNIA.
25.4. JURISDICTION. You and Company agree that in case of any litigation regarding this Agreement, You agree that the venue for such litigation shall be, depending on the subject matter of the dispute, either the Municipal Court of Los Angeles, California, the Superior Court of the County of Los Angeles or the United States District Court for the Central District of California, Western Division. You hereby consent and stipulate to the jurisdiction of the Courts of the State of California and the United States District Court, Central District of California, Western Division.
26. UNENFORCEABILITY OF PROVISIONS. You and Company agree that 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 and all other portions of this Agreement shall remain in full force and effect (i.e, if any part of this Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).
28. NON-WAIVER. You acknowledge and agree that the failure of Company or any assignee or successor to enforce any of the specific provisions of this Agreement shall not comprise a waiver of, or preclude or estop any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, estop or diminish the exercise of any other right hereunder.
29. AFFIRMATION OF AGREEMENT; ACKNOWLEDGE YOU HAVE READ THIS ENTIRE AGREEMENT. By clicking on a link agreeing to this Agreement anywhere in the Web Site and/or by accessing or continuing to access the Web Site and/or any service, offer or other functionality available in, on, at or through the Web Site, You acknowledge and affirm that You have read this entire Agreement and that You agree to all its terms and conditions. You agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by authorizing the use of Your credit card for payment of charges and fees for Your Membership to the Web Site and for any other charges which You may incur for products and/or services ordered at, in, through or in association with the Web Site, and each time You access any restricted part of the Web Site.
29.1. AFFIRMATION BY BOOKMARKING. You agree any action on Your part to Bookmark to a page on this Web Site whereby a warning page, 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 in this Agreement as well as an explicit acknowledgment by You of the fact that You are an adult and at least eighteen (18) years of age or of the age of majority under the laws of Your state, province or country.
ONLY ADULTS ARE AUTHORIZED TO USE THIS SITE. AUTHORIZED ACCESS AND USE OF THE SITE, ITS DATABASES AND FUNCTIONALITY IS LIMITED TO PERSONS OVER THE AGE OF EIGHTEEN YEARS, AND SUCH ACCESS AND USE IS LIMITED BY OUR TERMS AND CONDITIONS. THE COMPANY DOES NOT KNOWINGLY SEEK OR COLLECT ANY PERSONAL INFORMATION OR OTHER DATA FROM ANY PERSONS UNDER THE AGE OF EIGHTEEN YEARS.
1. Information Security
PT Media is dedicated to the protection of Site users' information. To prevent unauthorized access to information provided to us, the Company uses a number of generally accepted industry standard procedures designed to effectively safeguard the confidentiality of your personal information. These procedures include secure server location, controlled access to data and equipment, robust redundant firewall software, network monitoring, adaptive analysis of network traffic to track and prevent attempted network intrusions and other network abuse and appropriate employee training in the area of data security. We shall continue to take reasonable steps to provide effective data protection at all times; however, because no security technology can provide invulnerability to information compromise, the Company cannot, and does not, guarantee the security of any information that you transmit to us or to any third party affiliated with the Site.
2. Visitor, Subscriber, Member, and User Information
When you visit or use this Site, including, for example, when you click on any of our links, we will collect and store in one or more of our databases, one or more of the following types of information ("Data"): your IP address (the domain name or other locator indicating your access to the Internet); the IP address of the Website from which you linked to our site operating system; browser data; email address data; the date and time you access our Site and its functions, and any other accessible online user, biometric or device information. We will often collect Data at several points throughout the Site, its links and through related functionality.
We use Data to measure the number of visitors to the different sections of our Site, to help us make our site more useful to visitors, to measure the amount of traffic generated through our affiliate network, to generate usage statistics, to ensure email reaches intended destinations, to generate special offers and advertisements which we may present to you, to provide our marketing partners, affiliates, licensees, purchasers and successors in interest with accurate Data and to prevent fraud.
The only personally-identifying information we collect and store about you is the information you voluntarily choose to provide to us, such as your name, e-mail address, address, zip code, telephone number, etc., in response to a specific prompt that requires you to initially enter the information. In addition, we, our agents, affiliates, Third Party Program Participants and others may ask you to voluntarily provide additional personal information for billing, shipping and other similar purposes.
When a visitor, member, subscriber, or other Site user requests web pages from the Site's server, clicks on banners or other links or otherwise uses the Site's services or other functionalities, we or our agents may automatically collect some information or data about the user and the user's Site use, including the IP address from which the Site is being accessed, the pages or links that were requested, the special preferences or requests of the user and cookie information received from the computer of the user. You agree that all such information and other Data may be collected and used by the Site and its agents.
When any Site user signs-on as a member or subscriber of this Site or related services, that person will be required to provide certain personal as well as demographic information. Such Optional Information may include, but is not necessarily limited to, the subscriber's name, address, birthday, e-mail address, gender, marital status, occupation, education, credit card number and expiration date of the credit card, username and password, and special interests or affiliations. The Company's Internet Payment Service Provider may collect any and all such Optional Information and include it in its databases with Data and other information.
Currently, there are two general types of cookies commonly used in association with typical Web sites including our Site: "session" cookies and "persistent" cookies. A session or "session ID" cookie is functional only during the current "session" use of your browser, i.e., it ceases to function when you log off or close your browser. A "persistent" cookie remains on your hard drive beyond the current browser session. You can remove persistent cookies by following directions provided in your Internet browser's "Help" file. We use both session cookies and persistent cookies.
We also use persistent cookies to track the actions of our users to enhance the experience on our site and to more effectively communicate Offers, promotional data and other useful information to you. At the present time, we intend to also adopt and use helpful future cookie technology, and similar types of technologies, as they become available. We may implement any and all such new technologies and similar improvements to Site functionality without notice.
Most major Web browsers are set up so that they will initially accept cookies, but you may modify your computer's preferences to issue you an alert when a cookie is downloaded, or to disable the ability of third parties to download a cookie to you. If you choose to reject cookies, or disable your computer's ability to receive or process them, there are areas of this Site, other related web sites and related services that may not function properly. For example, you may not be able to view or interact with parts of the Site or access some of the services or offers otherwise available on the Site.
4. Log Files
The Company and Third Party Program Participants, through the functionality of the Site, related sites and related services, gather Data and other information regarding Site navigation and Site use from cookies and other means and store such information in log files and other databases. This Data and similar information includes date and time recordation data, Internet protocol (IP) addresses, Internet service provider (ISP) data, referring or exit pages, your computer's operating system and components, such as your browser type, and other data. While this information generally does not directly identify individual users, it does provide us with Data and other broad demographic information. We use this information for a number of purposes including Site usage analysis, analysis of Site navigation by users, determining and analyzing overall user preferences and user trends, Site administration, and general improvement and optimization of Site efficiency and effectiveness and user communications, including promotions to users.
5. Use of Personal Information and Disclaimer
We will use information collected from you to verify identity, protect against fraud, update and service your account, target and personalize future Offers that we may display on or in association with the Site and in our communications with you. By your use or continued use of the Site and/or its services, you expressly agree that the Company, via the Site and otherwise may use any and all Data, Optional Information and all other information that it or its agents gather or collect directly or indirectly pertaining to you, including, without limitation, any personal information that has been provided by you, your computer or other device, or information provided by a third party, for any and all technical, administrative, research, development, customer assistance, age verification, marketing, promotion and advertising uses, for the transmission of communications of every kind, including, without limitation, email communications of every kind, for the sending of products, for fulfillment purposes, and for compliance with any and all terms and conditions.
All Members, visitors and Users of this Site should consider any information provided to or collected by the Site as non-confidential, and consequently the Site assumes no liability or responsibility if any information relating to any Member, visitor or User is intercepted and/or used by an unintended recipient.
The Company will disclose your personal information, without notice, to a party unrelated to the Company if required to do so by law or in the good faith belief that such action is necessary to comply with the law, legal process served on the Company or a Third Party Program Participant, to protect the rights or property of the Company or a Third Party Program Participant, or in urgent circumstances to protect the personal safety of users of the Site or the public at large.
All unsolicited information provided to the Company or any affiliated party, including, without limitation, any Third Party Program Participant, entirely on the initiative of a person providing the information or that person's agent, or any information which is provided independently of any request by the Company or its affiliates shall be deemed to be public information regarding which neither the Company nor any other person or entity has any duty to the information provider or any other person, and as such, the Company may use such unsolicited information in an unlimited manner.
7. Protection of Children
The Company and Third Party Program Participants do not publish any content or Offers on the Site that are targeted to children. We do not specifically collect information about children. The Company and Third Party Program Participants do not solicit and do not knowingly accept subscriptions, memberships, or acceptances of Offers from persons under the age of eighteen years. If minors have access to your computer or email, we ask that you take appropriate measures to prevent such minors from accessing or using the Site or any of our Company's services as they are exclusively offered and restricted to, and only authorized for, adults over the age of eighteen years.