1. PARTIES TO THIS AGREEMENT AND CONSIDERATION. The parties to this WEBSITE TERMS AND CONDITIONS AGREEMENT (the “Agreement” or, alternatively, the “Terms and Conditions”) are You and us. This Website is operated by LFP Internet Group, LLC, which has authority to sell content from this Website to You. As used in this Agreement, the terms “we,” and “us” are used interchangeably to refer to us, the Website, and any successor in interest to or licensee of us in the ownership or operation of the Website; the term “You” and “Your” is used to refer to You, the purchaser or user.
2. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, upon Your submission of Your credit card, online check or other authorized means of payment for Your purchase, which shall constitute Your consent and agreement to these Terms and Conditions, and the proper processing of such credit card, check or other authorized payment means for the payment of all required purchase charges or fees, we agree to provide to You access to the content you have elected to view on the Website.
3. You agree that this Agreement is subject to change by us at any time and changes shall become effective upon notice to users by e-mail, posting at or via hyperlink to the Website, or by mail. You may not alter, delete, add or change or edit any of these Terms and Conditions, and any such attempted alteration shall be void and of no effect.
4. You agree that any action on Your part to bookmark to a page on this Website whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgment by You of the fact that You are an adult (at least 18 years of age or of the age of majority under the laws of Your state, province or country).
5. SEXUALLY EXPLICIT MATERIAL.
5.1. ALL CONTENT AND MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE ALL THE CONTENT, MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY LAW OF ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENT AND MATERIALS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITE.
5.2. YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE CONTENT AND MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, WHICH MAY INCLUDE, WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND/OR TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING FOR ENTERTAINMENT AND/OR EDUCATIONAL PURPOSES ONLY.
6. ACCESS AUTHORIZED TO ADULTS ONLY.
6.1. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW ANY OF THE CONTENT AND MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH THE WEBSITE. ANY ACCESS TO THE WEBSITE OR ANY OF ITS CONTENT AND MATERIALS BY A MINOR SHALL CONSTITUTE UNAUTHORIZED ACCESS TO STORED COMMUNICATIONS PROHIBITED BY THE STORED COMMUNICATIONS ACT, 18 U.S.C. SECTIONS 2510-2520 AND VIOLATIONS OF OTHER LAWS.
6.2. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
7. GRANT OF LIMITED LICENSE WITH RESERVATIONS.
7.1. In consideration of the payment of access fees, together with certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, we hereby grant You a limited, nonexclusive and nontransferable license to view the content and the materials selected by You from the Website (hereafter the “Materials”) solely for Your personal non-commercial use, during the period of time You have selected.
7.2. You acknowledge and agree that all Materials contained at the Website are proprietary and constitute valuable intellectual property owned by us or others who have licensed use of such Materials to us. You acknowledge and agree that as such You may access, view, download and receive the Materials available at the Website only as specifically authorized by us and in accordance with the terms and conditions of Your purchase, only on one computer at a time, per purchase, and, if downloadable copies of the Materials are made available to You through your purchase from the Website, You may make only a single copy of such Materials for Your own personal noncommercial use and enjoyment. You further acknowledge that we specifically prohibit You from doing any of the following acts, and You agree not to do any of these prohibited acts: (a) permitting other individuals to directly or indirectly view or otherwise use the Materials; (b) modifying, translating, reverse engineering, decompiling, disassembling the Materials or any feature or functionality of the Website (except to the extent applicable laws specifically prohibit such restriction); (c) making copies or creating derivative works based on the Materials of any kind; (d) renting, leasing, or transferring any rights in the Materials; (e) removing any proprietary notices or labels on the Materials; and, (f) making any other use of the Materials not expressly permitted herein.
8. INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS. You agree to be personally liable and fully indemnify us and our successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized viewing, accessing, downloading or other duplication of Materials from the Website by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized viewing, accessing or downloading of Materials from the Website.
9. Rates and fees for viewing Materials on the Website are subject to change at any time at our sole and absolute discretion.
7.4. TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE TRIAL USAGE PERIOD, YOU MUST NOTIFY US AT OR PRIOR TO THE END OF THE TRIAL USAGE PERIOD, BY CONTACTING US BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE THE CURRENT CONTACT POINTS PROVIDED UNDER THE “SUPPORT” SECTION OF THE WEBSITE.
10. All cancellations received by us will be effective upon receipt.
10.1. We may, at any time and at our sole discretion, cancel any paid access fees or subscriptions.
10.2. You authorize us to charge Your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, Website You agree to be personally liable for all charges incurred by You during or through the use of Website. Your liability for such charges shall continue after termination of Your usage of the Materials.
11. TRANSFER OR ASSIGNMENT OF ACCESS.
11.1. You agree that You shall not, under any circumstances, have the right to transfer or assign Your access to Materials on the Website to any other person or entity, and that any attempted transfer or assignment shall be void. Any access to Materials by any person other than You using Your password or other access means shall constitute access in excess of the license granted herein and shall violate our intellectual property rights and may violate civil and criminal laws, including the Stored Communications Act.
11.2. You further agree that we may, at any time at our sole discretion and without prior notice to You, transfer or assign Your access rights to the Materials of the Website to an affiliated or non-affiliated company. You agree that we may transfer Your credit card information to such assignee solely for the purpose of processing continued access by You of the Materials.
12. PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF CARD.
12.1. Payment for the services provided to You at, and/or through Website may be made by automatic credit card debit and You hereby authorize us, our successors and assigns and their agents, such as merchant credit card processors (e.g., Epoch, etc.) to transact such payments on Your behalf.
12.2. You further agree You must promptly inform us of any and all the following: loss or theft of the credit card used to pay for access to the Materials of the Website or other goods or services obtained in, at or through Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your access and usage, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect our ability to expeditiously obtain payments due us. You agree that You will remain liable for any unauthorized access or use of the Materials of the Website or any of its services associated with Your access fees, until You have notified our Customer Service representative or department , whose current contact points are provided under the “Support” section of the Website.
12.3. You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Website or any fraudulent reporting of an unauthorized charge to the Website on Your credit card which has been made by You or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to the Website remains outstanding at the time of such fraudulent reporting, You shall be liable to us for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
12.4. You further acknowledge and agree that You will remain liable to us for any unauthorized use of the Website associated with Your access or usage of the Materials after the termination of this Agreement.
13. TERMINATION OF ACCESS. Your liability for all charges incurred during Your usage of the Materials shall continue after termination, for any reason.
14. PASSWORD SECURITY. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Materials on the Website which you have selected and paid for. Access to and use of the Materials Website is through the use of a password. You must keep this password strictly confidential and You agree that if You share Your unique Login name and/or Your Password with another individual that Your access to the Materials of the Website is subject to immediate termination without notice or reimbursement of any kind. Any sharing of passwords or any other methods of unauthorized access to the Website Materials with any other person is strictly forbidden. Any such password sharing exceeds the authority granted to You to access the Materials, violates our intellectual property rights and may violate civil and criminal laws, including the Stored Communications Act.
15. NO WARRANTIES; LIMITATIONS ON OUR LIABILITY.
15.1. YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY US, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIALS, AND ALL SERVICES PROVIDED BY US, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY US, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL WE, OUR SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE.
15.2. ANY OF OUR LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF ACCESS OR USAGE FEE PAID BY YOU TO US.
16. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
16.1. You acknowledge that You understand that we do not screen or endorse websites, products or content offered in advertisements or communications linked, submitted or pertaining to the Website by third-party licensees, advertisers, or users for electronic dissemination through the Website, nor do we have any editorial control or supervision over such content. You are therefore advised to use Your own judgment to evaluate all advertisements and other communications available at or through the use of the Website prior to purchasing goods and/or services described at the Website or otherwise responding to any communication at the Website.
17. TRADEMARK AND SERVICE MARK. The name of the Website is our service mark or utilized by us under license. No use of this mark shall be permitted except through our prior written authorization and permission to you or by the licensor of the mark. All rights reserved.
18. NOTICES TO US OR USERS. Notices from the Website to users may be given by means of electronic messages, by general posting on the Website, or by conventional mail. Communications from You to us may be made by electronic messages, unless otherwise specified in this Agreement. All inquiries to us should be sent by electronic mail, whose current contact points are provided under the “Contact” section of the Website.
19. ENTIRE AGREEMENT. This Agreement contains the entire agreement between You and us regarding Your use of the Website, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended by us.
20. UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Our failure to enforce any provision shall not be deemed to be a waiver of our rights to enforce any other provision.
21. AFFIRMATION OF AGREEMENT. You hereby acknowledge and affirm that You have read this entire agreement and that You AGREE to all its terms and conditions.
For further information, contact us through our contacts page.