This Agreement on Terms & Conditions of Use (“Agreement”) is effective as of the date on which User (as defined below) indicates User’s acceptance of the terms and conditions stated in this Agreement, and is made by and between User (herein “User” or “you”) and CustomFetishVideos.com (“CFV”), with its principal place of business located in Los Angeles, California, USA. WGN and you are sometimes referred to below as “Party” or “Parties” to this Agreement. All Terms and Conditions set forth herein, in our Privacy Policies and/or in other Legal Notices and documents elsewhere within CFV’s web domain known as “CustomFetishVideos.com”, are expressly made a part hereof, and are incorporated herein by this reference.
This Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (“E-Sign” Act). You enter into this Agreement by any act demonstrating your assent hereto, including without limitation clicking “I agree” or words of similar meaning. You may submit a paper copy of this transaction and print this form for your personal records. You have the right to withdraw your consent to use the E-Sign Act by emailing us at admin@CustomFetishVideos.com to that effect.
This Agreement (as supplemented by the documents incorporated above) sets forth the legally binding terms for your use of the CustomFetishVideos.com website. In consideration of your being permitted to use the CustomFetishVideos.com website, and for other good and valuable consideration which you acknowledge is received and sufficient, you agree to be bound by this Agreement, whether you are (1) a “Visitor” — which means that you use the CustomFetishVideos.com website (including without limitation through a mobile device) without becoming a member of our site; or (2) a “Member” — which means that you have subscribed and become a member of our site. You are a “User” of this site if you fall into either category. You are authorized to use the CustomFetishVideos.com site (whether as a Visitor or a Member) only if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the CustomFetishVideos.com website and discontinue use of the site. If you wish to become a User of the site (whether as a Visitor or a Member), you must read this Agreement and indicate your acceptance in one or more of the ways that such acceptance is asked for on the CustomFetishVideos.com website. In order to subscribe to our site, you may be required to agree to additional terms and conditions described within the site. Those additional terms are hereby incorporated into this Agreement. You may receive a paper copy of this Agreement by emailing us at: ___________________________; Subject: T&C Agreement.
NO MINORS ALLOWED There is or may be mature/adult content on CustomFetishVideos.com. Therefore, minors Ð that is, individuals who are less than 18 years of age in most legal jurisdictions (or 21 years of age in others) — are not permitted to access CustomFetishVideos.com under any circumstances. There may also be jurisdictions where it is not lawful for any individual, no matter what his/her age may be, to access such content. If you are either a minor or subject to the laws of any such jurisdiction, you may not access this site. By using our site, you acknowledge receipt of, and your agreement with, CustomFetishVideos’s Privacy Policy for CustomFetishVideos.com. CustomFetishVideos.com does not assume any responsibility or liability for any misrepresentations regarding a User’s age. In addition, you represent and warrant that you will not allow any minor to have access to this site, and that you will not copy or redistribute any of the content appearing on this site to any minor or other person for whom it is illegal to view such content. We also recommend that Users implement parental control protections, such as computer hardware, software, or filtering services, which reduce minors’ access to CustomFetishVideos.com.
NO CHILD PORNOGRAPHY You understand that, by Agreement between CustomFetishVideos.com and our Talent, all individuals appearing on this site are, and were at the time of all recorded images, at least 18 years of age, and that this site contains no child pornography. If you seek any form of child pornography, you must exit this site immediately. If you identify any images on our site which appear to depict minors engaged in sexual activity, please report the images to us. All such reports will immediately be investigated, and appropriate action will be taken. Please be aware that we have a policy of cooperating with law-enforcement agencies investigating child pornography. If you suspect other websites are participating in unlawful activities involving minors, please report them to www.asacp.org.
All Materials displayed on CustomFetishVideos.com are protected by the First Amendment of the United States Constitution and similar provisions of other laws. You acknowledge that CustomFetishVideos.com may offer online content that could be deemed “adult” or “erotic”. Additionally, you agree that you are aware that the Materials presented on CustomFetishVideos.com may contain graphic visual depictions, graphic audio, and descriptions of sexually oriented, explicit, offending, or disturbing activities. You acknowledge that you are aware of the possible nature of these Materials, that you are not offended by them, and that you have accessed CustomFetishVideos.com freely, voluntarily and willingly. You also represent and warrant that you are not accessing CustomFetishVideos.com as an agent of law enforcement or at the behest of any law enforcement authority in any legal jurisdiction of the world.
You acknowledge that CustomFetishVideos.com is intended to contain only images protected by the First Amendment to the United States Constitution. You also agree that you are aware of the community standards of your community, and that you have accessed or will access the content on CustomFetishVideos.com only if you believe, upon diligent investigation, that the Talent Material and/or any other content on this website does not offend the community standards prevalent in your community. You further agree not to use or access CustomFetishVideos.com if doing so would violate the laws of your city, county, state, province or country.
I. IF YOU ARE A “VISITOR” TO THE CustomFetishVideos.COM WEBSITE
By using CustomFetishVideos.com in any manner, including without limitation visiting, downloading or using any content or product from this site, you agree to be bound by this Agreement.
1. This Agreement applies to you (hereinafter “Visitor,” “you” or “User”), and if you are using this website on behalf of any other party for which you are acting as an agent, it applies to you and any such party for which you are acting. The management of CustomFetishVideos.com reserves the right to change this Agreement from time to time in its sole discretion, and your continued use of this Website in any manner will indicate your agreement with the most current version posted on the site at the time of your use. If you do not wish to be bound by this Agreement, do not accept this Agreement, do not use CustomFetishVideos.com in any manner, do not enter this site, and do not download or use any content from this site. CFV and you are sometimes referred to hereinafter as “Party” or “Parties” to this Agreement.
Permitted Use of this Site
2. This site is owned and operated by CustomFetishVideos.com, a California limited liability company with its principal office in Los Angeles, California, USA. As between you, the Visitor, and CFV, all content contained on this site in any medium (“Content”) is owned by CFV and/or our providers. All such Content is protected by United States and international intellectual property laws.
3. As a Visitor to our website, you are granted a limited, personal, nontransferable, non-sub-licensable, revocable license to access and use our site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or licenses with respect to this site, and any rights or licenses not expressly granted herein are reserved to us and our providers. Unless we have granted you permission in advance and in writing, you may use the site only for your personal, non-commercial use, and not to provide services to a third party.
4. You may not remove any copyright or other proprietary notices contained in any of the Content on the CustomFetishVideos.com website. CFV reserves the right to revoke a Visitor’s authorization to view, download and use the Content at any time, and you agree immediately to discontinue such use upon written notice from CFV. As between the Visitor and CFV, all rights not specifically granted to the Visitor under this Agreement are reserved to CFV.
5. You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way, and you must reproduce the CustomFetishVideos.com trademark and/or copyright notice (or the third-party provider’s notice, as applicable) in the form: “___________________ª”; “______________________¨” OR “© 201_, CustomFetishVideos.com – All Rights Reserved” as displayed on the relevant page(s) that you copy.
6. Except as provided above, you, as a Visitor to CustomFetishVideos.com, may not:
— Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the Content in any form whatsoever;
— Use a frame or border environment around the site, or other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
— Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this site;
— “Reverse-engineer” any part of this site; or
— Sell, offer for sale, transfer, or license any portion of this site in any form to any third party.
Unauthorized Use
7. Unauthorized use of this site and/or the Content may violate applicable copyright, trademark or other intellectual property or other laws. You must retain all copyright and trademark notices, including without limitation proprietary notices, contained in the Content, and you must not alter, obscure or obliterate any of such notices. The use of such Content on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, except with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, and/or (d) is used to collude unlawfully against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
8. Unless otherwise provided within this Agreement, or unless specific applicable law requires CFV to allow you to do so, you may not do any of the following without the prior written consent of CFV:
— Use any robot, spider, other automatic device or manual process to monitor the Content and/or the site;
— Use the site other than to observe, make legitimate inquiries or communications;
— Use the site to make any false or fraudulent communication;
— Submit false or misleading information to the site;
— Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful and/or prohibited by this Agreement;
— Use, access or communicate with the site in any way that, in the sole and absolute judgment of CFV, adversely affects the performance or functioning of the site, or any other computer systems or networks used by CFV or other site users;
— Upload or transmit to the site — or use any device, software or routine, that contains — viruses, Trojan horses, worms, time bombs, or other computer programming that may damage, interfere with or attempt to interfere with, intercept the normal operation of our site, appropriate the site or any system, or take any action that imposes an unreasonable load on our computer equipment or infringes upon the rights of any third party; or
— Disguise the origin of information transmitted by you through the site.
9. Without limitation, Content may not be used as a trademark or service mark, for any pornographic use, unlawful purpose, to defame any person, to violate any person’s right of privacy or publicity, or to infringe upon any copyright, trade-name, trademark, or service mark of any person or entity. Unauthorized use of Content constitutes copyright infringement and shall entitle CFV to exercise all rights and remedies under applicable law, including without limitation an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Content. The foregoing is not a limiting statement of CFV’s rights or remedies in connection with any unauthorized use.
10. You understand that CFV may immediately terminate all agreements between you and CFV and may without notice refrain from doing further business with you if you fail to comply with any provision of this Agreement or with the specific terms and conditions applicable to you as a Visitor to CustomFetishVideos.com. If your access is terminated, you agree immediately (1) to stop using this site and any Content which you may have acquired, (2) to delete all such Content and all copies from all media in your possession or control of whatever type (whether now known or hereafter developed, invented or devised), and (3) to destroy all other copies or, at CFV’s request, return all such copies to CFV. Your use of this site and any Content shall comply with all applicable law. CFV may restrict or remove your access to this site at any time, or restrict or remove the use of any Content for any reason, and may (or may choose not to) replace that Content with other Content, and you agree immediately to discontinue all use of the Content upon notification from CFV.
11. Despite our efforts to provide accurate information, CustomFetishVideos.com may contain technical or other mistakes, inaccuracies or typographical errors. As a convenience, our site may link to other sites that may be of interest to you but are not under CFV’s control. These links do not imply endorsement by CFV, and we are not responsible for the availability of or the content contained in any linked site. The CustomFetishVideos.com site may contain or use technology that provides CFV and/or its affiliates with information regarding your use of this site, or which permits CFV to audit your compliance with this Agreement via the use of software designed to track and identify Content. Please consult CFV’s Privacy Policy for specific information on CFV’s policies for use of your personal information.
Children Not Permitted
12. CHILDREN (IN MOST USA JURISDICTIONS, PERSONS UNDER THE AGE OF 18) ARE NOT ELIGIBLE TO USE THIS SITE IN ANY MANNER WHATSOEVER. BY USING THIS SITE, YOU WARRANT THAT YOU ARE 18 YEARS OF AGE (OR OLDER IF YOU ARE SUBJECT TO A JURISDICTION WHERE THE AGE OF LEGAL ADULTHOOD IS OLDER THAN 18 YEARS), AND THAT YOU ARE NOT SUBJECT TO THE LAWS OF A JURISDICTION IN WHICH ADULTS ARE PROHIBITED FROM ACCESSING MATURE OR ADULT-ORIENTED CONTENT.
No Expectation of Privacy
13. You acknowledge that transmissions made by means of CustomFetishVideos.com are not confidential, and that your communications may be read or intercepted by others. You acknowledge and agree that by engaging in transactions with CustomFetishVideos.com, no confidential, fiduciary, contractually implied or other relationship is created between you and CFV, beyond that which is specifically established by contract between you and us.
14. Any communications or materials you transmit to CustomFetishVideos.com, by electronic mail or otherwise, including without limitation any data, question, comment, suggestion, idea, or the like (“Communications”) will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the site, any Communications, you grant to CFV and all users of the site a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Communications in any form, media or technology (whether now known or hereafter invented or devised). CFV assumes no responsibility for any Communications posted or submitted, or for the return of such Communications. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
II. IF YOU BECOME A “MEMBER” OF THE CustomFetishVideos.com WEBSITE
By becoming a Member and thereafter using CustomFetishVideos.com (hereafter sometimes, except where the context requires otherwise, “site,” “website,” “Site” or “Website”) in any manner, including without limitation visiting, downloading or using any content or product from this site, you agree to be bound by this Agreement.
15. This Agreement applies to you (hereinafter “Member” or “you”), and if you are using this Website on behalf of any other party for which you are acting as an agent, it applies to you and any such party for which you are acting. The management of CustomFetishVideos.com reserves the right to change this Agreement from time to time in its sole discretion, and your continued use of this Website in any manner will indicate your agreement with the most current version posted on the site at the time of your use. If you do not wish to be bound by this Agreement, do not accept this Agreement, do not use CustomFetishVideos.com in any manner, do not enter this site, do not register as a Member of this site, and do not download or use any content from this site. CFV and you are sometimes referred to hereinafter as “Party” or “Parties” to this Agreement.
Permitted Use of this Site
16. This site is owned and operated by CustomFetishVideos.com, a California limited liability company with its principal office in Los Angeles, California, USA. As between you, the Member, and CFV, all content contained on this site in any medium (“Content”) is owned by CFV and/or our providers. All such Content is protected by United States and international intellectual property laws.
17. As a Member of our website, you are granted a limited, personal, nontransferable, non-sub-licensable, revocable license to access and use our site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or licenses with respect to this site, and any rights or licenses not expressly granted herein are reserved to us and our providers. Unless we have granted you permission in advance and in writing, you may use the site only for your personal, non-commercial use, and not to provide services to a third party. YOU ARE ADVISED, AND AGREE, THAT THIS SITE IS INTENDED AS AN “ONLINE FANTASY ENCOUNTER” SITE ONLY. CFV DOES NOT INTEND, AND WILL ACCEPT NO RESPONSIBILITY FOR, THE OCCURRENCES OR RESULTS OF ANY ENCOUNTER BETWEEN OR AMONG OUR MEMBERS, OR BETWEEN OR AMONG MEMBERS AND TALENT APPEARING ON OUR SITE THAT OCCURS THROUGH (BY WAY OF ILLUSTRATION AND NOT LIMITATION) ANY MEDIUM OF COMMUNICATION OTHER THAN OUR SITE OR THROUGH DIRECT PHYSICAL CONTACT OR ACQUAINTANCE BETWEEN OR AMONG MEMBERS OF OUR SITE OR BETWEEN OR AMONG MEMBERS AND TALENT APPEARING ON OUR SITE.
18. You may not remove any copyright or other proprietary notices contained in any of the Content on the CustomFetishVideos.com website. CFV reserves the right to revoke a Member’s authorization to view, download and use the Content at any time, and you agree immediately to discontinue such use upon written notice from CFV. As between the Member and CFV, all rights not specifically granted to the Member under this Agreement are reserved to CFV.
19. You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way, and you must reproduce the CustomFetishVideos.com trademark and/or copyright notice (or the third-party provider’s notice, as applicable) in the form: “___________________ª”; “______________________¨” OR “© 201_, CFV – All Rights Reserved” as displayed on the relevant page(s) that you copy.
20. Except as provided above, you, as a Member of CustomFetishVideos.com, may not:
— Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the Content in any form whatsoever;
— Use a frame or border environment around the site, or other framing technique to enclose any portion or aspect of the site, or mirror or replicate any portion of the site;
— Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this site;
— “Reverse-engineer” any part of this site; or
— Sell, offer for sale, transfer, or license any portion of this site in any form to any third party.
Unauthorized Use
21. Unauthorized use of this site and/or the Content may violate applicable copyright, trademark or other intellectual property or other laws. You must retain all copyright and trademark notices, including without limitation proprietary notices, contained in the Content, and you must not alter, obscure or obliterate any of such notices. The use of such Content on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, except with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, and/or (d) is used to collude unlawfully against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
22. Unless otherwise provided within this Agreement, or unless specific applicable law requires CFV to allow you to do so, you may not do any of the following without the prior written consent of CFV:
— Use any robot, spider, other automatic device or manual process to monitor the Content and/or the site;
— Use the site other than to observe, make legitimate inquiries or communications;
— Use the site to make any false or fraudulent communication;
— Submit false or misleading information to the site;
— Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful and/or prohibited by this Agreement;
— Use, access or communicate with the site in any way that, in the sole and absolute judgment of CFV, adversely affects the performance or functioning of the site, or any other computer systems or networks used by CFV or other site users;
— Upload or transmit to the site — or use any device, software or routine, that contains — viruses, Trojan horses, worms, time bombs, or other computer programming that may damage, interfere with or attempt to interfere with, intercept the normal operation of our site, appropriate the site or any system, or take any action that imposes an unreasonable load on our computer equipment or infringes upon the rights of any third party; or
— Disguise the origin of information transmitted by you through the site.
23. Without limitation, Content may not be used as a trademark or service mark, for any pornographic use, unlawful purpose, to defame any person, to violate any person’s right of privacy or publicity, or to infringe upon any copyright, trade-name, trademark, or service mark of any person or entity. Unauthorized use of Content constitutes copyright infringement and shall entitle CFV to exercise all rights and remedies under applicable law, including without limitation an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Content. The foregoing is not a limiting statement of CFV’s rights or remedies in connection with any unauthorized use.
24. You understand that CFV may immediately terminate all agreements between us and may without notice refrain from doing further business with you if you fail to comply with any provision of this Agreement or with the specific terms and conditions applicable to you as a Member of CustomFetishVideos.com. If your access is terminated, you agree immediately (1) to stop using this site and any Content which you may have acquired, (2) to delete all such Content and all copies from all media in your possession or control of whatever type (whether now known or hereafter developed, invented or devised), and (3) to destroy all other copies or, at CFV’s request, return all such copies to CFV. Your use of this site and any Content shall comply with all applicable law. CFV may restrict or remove your access to this site at any time, or restrict or remove the use of any Content for any reason, and may (or may choose not to) replace that Content with other Content, and you agree immediately to discontinue all use of the Content upon notification from CFV.
25. Despite our efforts to provide accurate information, CustomFetishVideos.com may contain technical or other mistakes, inaccuracies or typographical errors. As a convenience, our site may link to other sites that may be of interest to you but are not under CFV’s control. These links do not imply endorsement by CFV, and we are not responsible for the availability of or the content contained in any linked site. The CustomFetishVideos.com site may contain or use technology that provides CFV and/or its affiliates with information regarding your use of this site, or which permits CFV to audit your compliance with this Agreement via the use of software designed to track and identify Content. Please consult CFV’s Privacy Policy for specific information on CFV’s policies for use of your personal information.
Fees for subscribing to CustomFetishVideos.com are prominently displayed prior to your subscription thereto. You agree to pay all fees when due according to our billing terms. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by or through CustomFetishVideos.com, with or without prior notice to you, at any time. You may cancel your membership at any time by visiting __________________________. You hereby agree to be personally liable for any and all charges incurred by you for goods or services until termination of your membership in CustomFetishVideos.com. It is CFV’s general policy not to refund monies, and we will consider doing so only under extraordinary circumstances.
If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including without limitation resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
Children Not Permitted
26. CHILDREN (IN MOST USA JURISDICTIONS, PERSONS UNDER THE AGE OF 18) ARE NOT ELIGIBLE TO USE THIS SITE IN ANY MANNER WHATSOEVER. BY USING THIS SITE, YOU WARRANT THAT YOU ARE 18 YEARS OF AGE (OR OLDER IF YOU ARE SUBJECT TO A JURISDICTION WHERE THE AGE OF LEGAL ADULTHOOD IS OLDER THAN 18 YEARS), AND THAT YOU ARE NOT SUBJECT TO THE LAWS OF A JURISDICTION IN WHICH ADULTS ARE PROHIBITED FROM ACCESSING MATURE OR ADULT-ORIENTED CONTENT.
Member Information
27. For purposes of identification, billing and marketing, you agree to provide CFV with accurate, complete, and updated information as requested by us, including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number, security code and expiration date). You agree to notify CFV within ten (10) days of any changes in these elements of your information. You are solely responsible for maintaining the confidentiality of your own username(s) and password(s) (if any), and you agree that CFV will have no obligations with regard thereto. CFV reserves the right to reveal, or to choose not to reveal, any Member data or other information in its possession regarding users of our products or services in cooperation with a duly authorized request or investigation by a governmental body or governmental agency.
No Expectation of Privacy
28. You acknowledge that transmissions made by means of CustomFetishVideos.com are not confidential, and that your communications may be read or intercepted by others. You acknowledge and agree that, by engaging in transactions with CustomFetishVideos.com, no confidential, fiduciary, contractually implied or other relationship is created between you and CFV, beyond that which is specifically established by contract between you and us. 29. Any communications or materials you transmit to CustomFetishVideos.com, by electronic mail or otherwise, including without limitation any data, question, comment, suggestion, idea, or the like (“Communications”) will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the site, any Communications, you grant to CFV and all users of the site a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Communications in any form, media or technology (whether now known or hereafter invented or devised). CFV assumes no responsibility for any Communications posted or submitted, or for the return of such Communications. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
III. GENERAL AGREEMENTS BETWEEN ALL USERS AND CFV
Warranty and Indemnification
All Users of CustomFetishVideos.com hereby represent and warrant to CFV that you will not transmit by means of CustomFetishVideos.com any materials of any kind which (1) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (2) are imported and/or exported in violation of any law, rule, or regulation of any jurisdiction with regard to such imports or exports; (3) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (4) contain software viruses or any other malicious code designed or operating in such a way as to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further represent and warrant to CFV that your use of CustomFetishVideos.com will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless CFV and its officers, employees, licensors, licensees, independent contractors, providers, subsidiaries and affiliates (collectively, the “Affiliates”), from and against any and all liability and costs incurred by CFV or any of said Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, reasonable transactional and litigation-related attorney fees and costs, at all levels of legal activity. You shall cooperate as fully as reasonably required in the defense of any claim. CFV reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of CFV.
Limitation of Liability
2. CFV ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS (INCLUDING WITHOUT LIMITATION TALENT MATERIALS), DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL CFV OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, CRIMINAL LAW OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY (INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), AND/OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY CFV OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO NON-PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION, EVEN IF CFV OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU OR TO ANY OTHER PARTY.
3. If, notwithstanding the foregoing, CFV and/or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its Content, the liability of CFV and/or the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) One Hundred United States Dollars (US $100.00). In its sole discretion, in addition to any other rights or remedies available to CFV, and without any liability whatsoever, CFV at any time and without notice may terminate or restrict your access to any component of this site. Some legal jurisdictions do not allow limitation of liability; so the foregoing limitation may not apply to you.
4. Subject to applicable law, use of this site and its contents is at your sole risk. Some opportunities or services made available on this site may be subject to conditions imposed by the providers, including but not limited to international conventions and arrangements, and state and federal government regulations. You agree that third-party providers who furnish products or services through this site are independent contractors, and not agents or employees of CFV.
5. Your use of the Site is subject to our Privacy Policy . You agree that you have read our Privacy Policy, and that it is reasonable and acceptable to you. Your acceptance of this Agreement is also your consent to the information practices in our Privacy Policy.
6. We will use our reasonable commercial efforts to keep our site available on a 24-hour/7-day-a-week basis, subject to downtime for scheduled maintenance, unscheduled maintenance, and system outages. We cannot promise that access to CustomFetishVideos.com will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
Viruses
7. We make reasonable attempts to exclude viruses from CustomFetishVideos.com, but cannot ensure that the site will at all times be free from viruses or other destructive software. You are urged to take appropriate safeguards before accessing CustomFetishVideos.com or downloading anything from the site. We assume no responsibility for any damages to computer equipment or other property that may result from use of CustomFetishVideos.com or downloading anything from the site.
8. You may preserve this Agreement in hard-copy form by printing it for your records, and you waive any other requirement that this Agreement be evidenced by a written document.
Electronic Notification
9. To the extent that we may need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on the site, electronic mail, or instant messaging.
10. As a User of CustomFetishVideos.com, you hereby expressly acknowledge and agree that such use and involvement is voluntarily undertaken solely at your own risk. You recognize, agree and acknowledge that activities undertaken on CustomFetishVideos.com, including but not limited to information-sharing and posting activities, are activities which inherently involve certain risks. Under no circumstances will CFV have any liability whatsoever for any loss, damage or injury alleged and/or sustained by any User of CustomFetishVideos.com from engaging in any activity coordinated through, sponsored by, or affiliated with CustomFetishVideos.com. As a User of CustomFetishVideos.com, you hereby agree that you are solely responsible for any applicable costs, fees and expenses associated with using CustomFetishVideos.com. By using any services or functionalities provided at CustomFetishVideos.com, and in consideration of your usage of the CustomFetishVideos.com services, you, on behalf of yourself, and your heirs, designees and assigns, hereby release, waive, discharge and agree not to sue CFV, its officers, directors, agents, representatives, employees and affiliates in their capacities as such, and agree to hold CFV and each of such persons associated therewith harmless with respect to any and all fees or expenses (including without limitation reasonable attorney fees, both transactional and litigation-related, at all levels), and with respect to any and all allegations, losses, claims, damages, property damage, personal injuries or death to you or to any other individual, whether caused by you or the acts (including the failure to act) of any other persons, events, and/or occurrences.
11. User agrees that no joint venture, partnership, employment, fiduciary or agency relationship exists between User and CFV as a result of this Agreement or use of CustomFetishVideos.com. The performance of this Agreement by CFV is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of CFV’s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; and the remainder of this Agreement shall continue in effect.
12. CFV MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT ANY WARRANTIES OF ANY KIND.
13. CFV HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THIS WEBSITE AND/OR ANY INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
14. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL CFV BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED:
— WITH THE USE OR PERFORMANCE OF THIS WEBSITE;
— WITH DELAY OR INABILITY TO USE THIS WEBSITE;
— WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE; OR
— WITH ANY OTHER CONSEQUENCE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, CRIMINAL LAW, STRICT LIABILITY OR OTHERWISE, EVEN IF CFV HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
15. DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT NECESSARILY APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
16. If, notwithstanding the foregoing, CFV and/or any third-party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of CustomFetishVideos.com and/or its content, the liability of CFV and/or the third-party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge (if any) for accessing this site, or (b) US $100.00. In its sole discretion, in addition to any other rights or remedies available to CFV, and without any liability whatsoever, CFV at any time and without notice may terminate or restrict your access to all or any component of this website.
17. Despite our efforts to provide accurate information, CustomFetishVideos.com may contain technical or other mistakes, inaccuracies or typographical errors. As a convenience, our site may link to other sites that may be of interest to you but are not under CFV’s control. These links do not imply endorsement by CFV, and we are not responsible for the availability of or the content contained in any linked site. The CustomFetishVideos.com site may contain or use technology that provides CFV and its affiliates with information regarding your use of this site, or which permits CFV to audit your compliance with this Agreement via the use of software designed to track and identify use. Please consult CFV’s Privacy Policy for further information on CFV’s policies for use of your personal information.
18. CFV reserves the right in its sole and absolute discretion, and with no attendant liability, to deny any potential Member’s application to become a Member of this Website, to deny any User access to this Website, any interactive service herein, or any portion of this Website without notice, and the right to change the terms, conditions, and notices under which CustomFetishVideos.com is offered.
19. This Agreement, and the other legal notice documents contained elsewhere on this website and incorporated herein by reference, constitute the entire agreement between the User and CFV with respect to CFV’s services, CustomFetishVideos.com, and any other relationship between User and CFV, and they supersede any and all prior or contemporaneous communications and proposals, whether electronic, oral or written, with respect to CFV, its services, and/or CustomFetishVideos.com. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are expressly and exclusively reserved to CFV.
20. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, U.S.A. USER HEREBY CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS SITTING IN LOS ANGELES COUNTY, CALIFORNIA, U.S.A., IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE. USE OF THIS WEBSITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
21. In the event a dispute arises between User and CFV, CFV and User agree to pursue neutral and cost-effective means of resolving the dispute quickly. Accordingly, User and CFV agree that any claim or controversy at law or equity that arises out of this Agreement, CustomFetishVideos.com, and/or CFV’s other services shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the Parties. Before resorting to these alternatives, CFV strongly encourages you to first contact CFV directly to seek a resolution, and CFV will consider all reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation:
A. Alternative Dispute Resolution. CFV will consider use of alternative forms of dispute resolution, such as non-binding mediation and/or binding arbitration to be held in or as near as possible to Los Angeles County, California, U.S.A.
B. Court. Alternatively, any claim may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California, U.S.A. User and CFV agree to submit to the exclusive venue and personal jurisdiction of the state and federal courts located within Los Angeles County, California, U.S.A., with no assertion by either Party of any objection to such venue and jurisdiction, including without limitation any objection based on the doctrine of forum non conveniens.
THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY.
22. You agree that: (i) the CustomFetishVideos.com website shall be deemed solely based in the state of California, United States of America; and (ii) the CustomFetishVideos.com website shall be deemed a passive website that does not give rise to personal jurisdiction over CFV, either specific or general, in jurisdictions other than California, United States of America. This Agreement shall be governed by the internal substantive laws of the State of California, without regard to its conflict of laws principles. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, with the surviving provisions being interpreted so as fully as possible to effect the original intentions of the Parties to this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CFV’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. CFV reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement regularly for any such changes. Your use of CustomFetishVideos.com in any manner following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. YOU AND CFV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO CustomFetishVideos.com MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
23. User agrees that CustomFetishVideos.com is a trademark of CustomFetishVideos LLC, a California limited liability company.
MISCELLANEOUS
24. (a) This Agreement shall be construed, interpreted and enforced in accordance with, and shall be governed by, the laws of the State of California, USA, applicable to agreements entered into and to be wholly performed therein, and by applicable United States federal law. In the event of any conflict between any provisions hereof and any applicable laws to the contrary, the latter shall prevail, but this Agreement shall be deemed modified only to the extent necessary to remove such conflicts, and the surviving provisions hereof shall be interpreted so as fully as possible to effect the original intentions of the Parties. Only the courts (state and federal) having jurisdiction within Los Angeles County, California, USA, will have jurisdiction of any controversies regarding this Agreement and/or CustomFetishVideos.com; any action or other proceeding which involves such a controversy will be brought in those courts and not elsewhere, and the User hereby waives any objection such User may otherwise have to the jurisdiction and venue of such courts, including without limitation objections raised on the basis of forum non conveniens. Any process in any such action or proceeding may, among other methods, be served by delivering or mailing it, by registered or certified mail, directed to the address which the addressee has designated from time to time. Any such delivery or mail service shall be deemed to have the same force and effect as personal service within the State of California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed by the Parties. The Parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s’y rattache soient rediges en langue anglaise). You further agree that, in any dispute between CFV and you, CFV shall be entitled to recover its reasonable attorney fees, legal expert fees, and other legal expenses from you should CFV emerge as the prevailing party.
(b) This Agreement constitutes the entire agreement of the Parties hereto and supersedes all oral and written agreements and understandings made or entered into by the Parties hereto prior to the date hereof. No amendment, change or modification of this Agreement shall be valid unless it is accepted by both Parties hereto, and any waiver of a failure to perform or of a breach shall not operate to waive any subsequent failure to perform or breach.
(c) The use of the singular in this Agreement shall apply to and mean the plural where appropriate. The use of the masculine or neuter pronoun in this Agreement shall apply to and mean the feminine where appropriate, and vice versa.
(d) The captions appearing at the commencement of the clauses hereof are descriptive only and for convenience in reference to this Agreement; and should there be any conflict between any such heading and the language of the clause at the head of which it appears, the language of the clause thereof, and not such heading, shall control and govern in the construction of this Agreement.
(e) You acknowledge that a violation or attempted violation of any of this Agreement will cause CFV such damage as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that CFV shall be entitled as a matter of right to an injunction, issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms & Conditions of Use by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by CFV in obtaining such an injunction, including, without limitation, reasonable attorney fees at all levels of litigation. You agree that no bond or other security shall be required in connection with CFV’s application for any such injunction.
(f) The Parties acknowledge that each has been advised by counsel, and/or been given the opportunity and recommendation to be advised by counsel, during the course of negotiation of this Agreement. This Agreement shall be interpreted without regard to any presumption or rule requiring construction against the Party causing this Agreement to be drafted.
