XXX Home Video
Terms and Conditions
TERMS AND CONDITIONS
You must read and accept these Terms and Conditions in order to become a member of http://www.xxxhomevideo.com.
This document (hereafter referred to as TAC) is intended to be an electronic contract governed by the Electronic Signatures Act, and by clicking I agree, you are providing your electronic signature demonstrating your acceptance of these terms.
If you do not accept each and every term and condition you must exit this Web site.
If you enter or become a member of this Web site, you have assented to, agreed to and are legally bound by each and every term and condition set forth below.
These TACís comprise the entire agreement between xxxhomevideo.com (hereinafter us or we) and authorized user (member or you), superseding any prior agreements between you and us with respect to this subject matter.
This Web site offers online entertainment services that may be deemed adult in nature and which may contain graphic depictions and descriptions of explicit sexual activity.
You acknowledge that you are aware of the nature of the content provided by this Web site, that you are not offended by such content and that you access this Web site freely, voluntarily and willingly.
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.
You represent and warrant that you will not allow any minor access to this Web site and that you will not copy or redistribute any of the content appearing on this site.
You understand that all models appearing on these web sites are, and were at the time of all recorded images, at least 18 years of age, and that our Web site contains no child pornography.
We take a strong and definite stand against child pornography and only publish images depicting consenting adults for consenting adults.
If you see any images, real or simulated, depicting minors engaged in sexual activity within our site, please report the offending image to us at firstname.lastname@example.org.
Please include the date and url of the offending image(s).
All reports will 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 http://www.asacp.org.
You further acknowledge that our site only contains images protected by the First Amendment to the United States Constitution, and parallel provisions of other constitutions.
If you are seeking obscenity or child pornography, please leave our site.
Members of http://www.xxxhomevideo.com are issued an ID and password which permit access to the Web site.
The ID and password remain our sole property.
Your membership, the ID and password are nontransferable and non-assignable.
You agree to keep your ID and password strictly confidential
The posting of images on our Websites is governed by separate Posting Guidelines & Conditions.
NO images will be posted on this site which might violate any of our Posting Guidelines & Conditions.
We may make periodic changes to its terms and conditions without prior notice.
Notification of any changes will be posted on this page.
You agree to review this page periodically to be aware of such changes.
I. RIGHTS AND RESPONSIBILITIES
A. CONTENT. We do not make any representations or warranties as to the usefulness, completeness or accuracy of the images appearing on our websites.
User indemnifies us against any liability arising out of userís reliance on the completeness or accuracy of such Content.
You indemnify us against all liability arising out of our action or inaction with regard to the Content or changes thereof within our websites.
B. PROPRIETARY RIGHTS.
You acknowledge the following:
(i) We permit access to Content that is protected by copyrights, trademarks, and other intellectual property and proprietary rights ("Rights");
(ii) These Rights are valid and protected in all media and technologies existing now or later developed; and
(iii) Except as explicitly provided otherwise, the TAC, applicable copyright and other laws govern your use of Content.
C. CONDUCT AND COMMUNICATION.
1) You understand and acknowledge that our websites contain Content that may not be suitable for minors.
2) We do not intend to screen all content in advance for accuracy or conformance to the TAC and Posting Guidelines & Conditions.
We may, however, screen some, all, or none of the content posted for their conformance to these requirements.
You indemnify us against all liability arising out of our action or inaction with regard to Content within this website.
We will limit the collection and use of personal information, or individual information (as defined below), to what is necessary to administer our business and provide you with the highest quality service.
We will NOT disclose any individual information, unless by court order or subpoena, or if the disclosure of such information to your credit-card bank may help us prove the legitimacy of your credit-card charge or bill.
We actively participate in industry associations and community groups to support strong and effective privacy guidelines and practices in the interactive environment.
A. TYPES OF INDIVIDUAL INFORMATION. Individual Information is any information, data or records that relate to your membership with xxxhomevideo.com or use of our websites, and identifies you or your individual member account.
The three types of individual information are;
1) "identity and billing information," such as your name, street address, telephone number, billing information, and any screen names associated with your account;
2) "navigational information," such as information about where you go through the websites;
3) "private communications," such as the contents of e-mail.
B. MEMBER IDENTITY AND BILLING INFORMATION.
1) COLLECTION AND STORAGE. We may maintain the following types of identity and billing information: your name, street address, telephone number(s), length of membership, and payment information.
We may also keep information on your communications with our Customer Service department and general account history, such as accumulated usage credits or written complaints relating to your account.
We safeguard individual information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Membersí individual information.
Employees who violate our privacy policies are subject to disciplinary actions, including termination when appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on our behalf.
2) USE. We use identity and billing information to administer our business and ensure that you are properly billed.
3) DISCLOSURE. We do not release Membersí telephone numbers, credit card numbers, or checking account numbers (or other Individual Information, such as navigational information.
Our policy is to disclose no information to third parties that would link a Membersí screen name(s) with a Membersí actual name, unless required to do so by law or legal process served on us (e.g. a subpoena).
We, at our sole discretion, reserve the right to make exceptions to this policy in extraordinary circumstances (such as a bomb or suicide threat, or instances of suspected illegal activity) on a case-by-case basis.
When feasible, we do allow our Members to access and verify their Member Identity and Billing Information. We also allow our Members to request corrections to this Information. We intend to abide by applicable laws governing the disclosure to governmental entities of individual information and other records.
If we are under a legal obligation to disclose individual information to a private citizen or entity, we may make efforts under the circumstances to notify the affected Member(s) in advance of releasing it in order to provide the Member(s) an opportunity to pursue any available legal protection.
4) COMPELLING OBLIGATION.
Although we will take reasonable measures not to disclose information about you or the contents of your communications, we may be compelled to do so in the good faith belief that such action is reasonably necessary
(a) to comply with the law; (b) to comply with legal process; (c) to enforce these terms and conditions; or (d) to protect our interests or the compelling interests of others.
C. NAVIGATIONAL INFORMATION.
1) COLLECTION. We may collect and store certain navigational information and the times and ways you use our website.
2) USE. We use navigational information for programming and editorial research. For example, we may use this information to understand our Membersí reactions to menu items and Content offered through our websites.
3) DISCLOSURE. We will not disclose navigational information (e.g. what you view) to third parties, except to comply with applicable law or valid legal process (e.g. search warrant, subpoena or court order).
D. PRIVATE COMMUNICATIONS
1) COLLECTION AND STORAGE. To keep copies of any communications with us, you should store them on your personal computer hard drive or in print form. You agree that we may employ e-mail virus-checking technology to protect its system and its members from viruses.
2) USE. We treat communications to us as strictly confidential. We do not access, use or disclose the contents of private communications, except in limited circumstances as specifically provided below. You acknowledge that communications directed to us may be used or disclosed without restrictions relating to privacy or confidentiality.
3) DISCLOSURE. We do not access or disclose the contents of communications (e.g. e-mail), unless it in good faith believes that such action is necessary (1) to comply with applicable law or valid legal process (e.g. search warrant, subpoena or court order); (2) to protect the rights or property of our company; or (3) in emergencies when we believe that physical safety is at risk.
Except where expressly permitted by law, you may not translate, reverse-engineer reverse-compile, decompile, disassemble or make derivative works from, our Content.
You agree and accept that our introduction of various technologies may not be consistent across all platforms (e.g. Macintosh).
Member expressly agrees that the use of our websites is at memberís sole risk.
We provide our services on a commercially reasonable basis and do not guarantee that members will be able to access the service at a time or location of their choosing, or that it will have adequate capacity for the service as a whole.
Upon our request, Member agrees to defend, indemnify and hold harmless our company its employees, contractors, officers, directors, and telecommunications providers against any damages, losses, liabilities or expenses, including attorneys fees and attorneys fees on appeal, that arise from breach of the TAC by use of, or in connection with, the transmission of any Content on our websites, or the Internet by or through Membersí accounts.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member hereunder. In such event, Member shall have no further obligation to provide indemnification for such matter.
If any part of the TAC is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect.
The laws of the State of Florida govern the TAC and your membership.
As noted above, Member conduct may be subject to other local, state, and national laws.
Member expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the State of Florida.
Member further agrees and expressly consents to the exercise of personal jurisdiction in the State of Florida in connection with any dispute or claim involving us.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization.
You further agree not to upload to our websites any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
This assurance and commitment shall survive termination of this agreement. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain Content on our site.
For billing inquiries, e-mail email@example.com
We reserve the right to change membership fees or to institute new fees at any time upon prior written notice, posted as provided for in the Terms and Conditions above.
VI. DEFINITIONS AND REFERENCES
∑ "TAC" = The Terms and Conditions
∑ "Our" us or "we" = xxxhomevideo.com
∑ "Member" or "you" = A registered subscriber or authorized user of our sites.
∑ "Effective Date" = February 20, 2005
∑ "Content" = Information, photos, graphics, and other material and services found on our websites, collectively.
∑ "Rights" = Copyrights, trademarks, and other intellectual property and proprietary rights
∑ "Public Areas" = Promotional areas and the entire http://www.xxxhomevideo.com site which are freely open to guests "Individual Information" = Any information, data or records that relate to your membership or use of our websites and identifies you or your individual Member account