TERMS AND CONDITIONS
1.
Sign-Up Agreement: In
order to lease Products from LFP Internet Group, LLC (hereinafter,
"HustlerContent.com"), you (hereinafter "Customer") agree
to be bound by the following Terms and Conditions. Your application cannot be
processed unless you indicate your acceptance of these Terms and Conditions
where indicated on the Sign Up form.
2.
Restricted Access: Upon
entering into this Agreement, the Customer understands and acknowledges that
the Products (defined below) being offered by HustlerContent.com or its agents
are adult-oriented and contain sexually explicit materials intended for
consenting adults in locations where the materials do not violate any community
standards or any federal, state or local laws or regulations. Access to
HustlerContent.com Products is restricted to adults over the age of 18 (over 21
years where 18 is not the age of majority). Access to minors is strictly prohibited.
3.
Participation
Requirements: In order to lease Products from HustlerContent.com, Customers
must:
(a) Have a "subscription" Internet site, which requires
a credit card for age verification and a user name and password for consumers
to become subscribers and enter the site. Note: This requirement applies to all
Products, including any FREE materials.
(b) Provide HustlerContent.com with a valid user name and
password for Customer's subscription site permitting HustlerContent.com access
to inspect the feed(s) as long as the Products appear on Customer's Site. If
Customer does not provide HustlerContent.com with this information in a timely
manner, Customer will not be activated and/or participation in the program
shall be terminated.
(c) Follow
HustlerContent.com's linking, text and banner placement requirements.
Specifically, Customer may not may not alter or modify any designs or artwork
HustlerContent.com provides to Customer. A breach of this provision shall be
cause for immediate termination of Customer's participation in the program.
4.
HustlerContent.com
Responsibilities: HustlerContent.com shall be responsible for feeding adult
entertainment programming (Products) to Customer's Site.
Cost of
Products: Except as otherwise indicated below, a monthly fee shall be charged
for each HustlerContent.com Product (or package of Products) ordered by
Customer, prorated for the first month, if necessary, and thereafter due and
payable at the beginning of each billing cycle. The Product fees apply to
multiple sites (multiple unique URL[s]). The Customer is encouraged to include
the services only on those sites they own and operate, but each site shall be
subject to excessive bandwidth fees, (e.g., if the Customer places the services
on three separate sites). Customer
will be responsible for excessive bandwidth fees applied to each Product on multiple
sites. If HustlerContent.com does not receive payment for any individual
product by the 5th day of each new billing cycle, the service feed(s) to the
Products shall be automatically disconnected
***Monthly
costs to HustlerContent.com Customers are subject to rate increases contingent
upon additional bandwidth usage. Any Customer subject to a rate increase will
be notified in advance by HustlerContent.com.
5.
Services Placement:
Customer understands, acknowledges and agrees that the Products are to be
placed in the Membership and/or Subscription area of Customer's Site. Customer
may not make the services available to any "free" areas of the Site.
In addition, Customer shall not permit any other sites to link to the Products.
6.
Limited License:
Subject to the terms and conditions set forth herein, HustlerContent.com grants
to Customer a limited, non-exclusive and non-transferable license to use
graphic files, video files, hyperlinks, audio files (if applicable), and other
software ("Materials") associated with the Products during the time
in which you are an active Customer. If HustlerContent.com makes downloadable
copies of the Materials available, Customer may make a single copy of the
Materials for archival purposes only, provided the copy contains all the
original proprietary notices. Customer may not (a) permit other individuals to
use the Materials; (b) modify, translate, reverse engineer, decompile,
disassemble the Materials; (c) make derivative works based on the Materials;
(c) rent, lease or transfer any rights in the Materials; (e) remove any
proprietary notices, or (f) make any other use of the Materials not expressly
authorized by this Agreement.
7.
Customer Termination:
HustlerContent.com reserves the right to terminate Customer accounts at any
time, with or without cause. Delivery of notice via e-mail shall be considered
sufficient notice of termination to Customer.
8.
Indemnification:
Customer agrees to indemnify and hold harmless HustlerContent.com, its
officers, managers, members, directors, employees, agents, successors and
assigns from and against any claims arising from a breach of Customer's
representations, warranties or promises herein made, including, without
limitation, any loss, damage, liability (including reasonable attorneys' fees
and costs) resulting from the use of any HustlerContent.com content in a manner
not expressly authorized by this Agreement. Customer further agrees to
indemnify and hold harmless HustlerContent.com, its officers, directors,
employees, agents successors and assigns from and against any claims arising
from or in connection with any other content Customer places on the Site.
9.
Representations and
Warranties:
(a) Customer warrants and represents that it
owns or operates a lawful, and otherwise valid Internet Web site; Customer is
an adult at least eighteen years of age (or at least 21 years if Customer
resides in a jurisdiction where 18 is not the age of majority) and has the
requisite power and authority to enter into this Agreement and perform the
obligations set forth herein; Customer's performance as set forth in this
Agreement does not and will not constitute a breach of any existing contract or
obligation undertaken by Customer; there are no outstanding orders, judgments,
decrees, rules or regulations which would preclude Customer from entering into
this Agreement.
(b) HustlerContent.com
warrants and represents that it owns, controls or otherwise has the rights to the
Products described herein and has the requisite power and authority to enter
into this Agreement and perform the obligations set forth herein; there are no
outstanding orders, judgments, decrees, rules or regulations which would
preclude HustlerContent.com from entering into this Agreement.
10.
Model Age Verification:
All models and performers are 18 years of age or older. The records required by
Section 2257 of Title 18, United States Code, with respect to these Products
are kept by the custodian of records, Alex Quesada at the office of LFP
Publishing Group, LLC, at the following location: 8484 Wilshire Boulevard,
Beverly Hills, CA 90211.
11.
Miscellaneous Terms:
(a) Except
for public domain materials, all Products provided by HustlerContent.com are
protected by federal copyright and may not be copied, redistributed, or
downloaded, in whole or in part, without the prior written consent of
HustlerContent.com. HustlerContent.com and other trade names are the trademarks
of their respective owner(s) and may not be exploited without the express
written permission of said owner(s).
(b) HustlerContent.com
reserves the right to limit the bandwidth and duration of the delivery of the
Products at its own discretion.
(c) Under
no circumstances and under no cause of action or legal theory shall
HustlerContent.com, its officers, managers, members,directors, employees,
agents or assigns, be liable to you or any other person for any indirect,
special, incidental, or consequential damages of any kind, including, without
limitation, damages for loss of goodwill, computer failure or down-time or any
other commercial damages resulting from any use of the Software or Products.
12.
Governing Law: This
Agreement shall be governed and construed pursuant to the laws of the state of
California. Any dispute arising hereunder shall be resolved by binding
arbitration before one (1) arbitrator in Los Angeles, California in accordance
with the Commercial Arbitration Rules of the American Arbitration Association
(the "AAA"). The AAA
shall select the arbitrator. Should either party institute any legal
action or administrative proceeding regarding any dispute or matter (other than
enforcement of any arbitration award or relief) covered by this Section by any
method other than arbitration, the responding party shall be entitled to
recover from the other party all costs, expenses and attorneys' fees incurred
as a result of such action. The
prevailing party shall be entitled to recover from the other party all costs,
expenses and attorneys' fees incurred in any legal action or administrative
proceeding to enforce any arbitration award or relief.
13.
Acceptance and
Execution of Agreement: Your acceptance of the Terms and Conditions (by
clicking "Yes" on "Agree to Terms and Conditions") and the subsequent
transmission of the Sign Up form means that Customer agrees to be bound by the
terms and conditions set forth in this Agreement and HustlerContent.com agrees
to become a counter-party to the Agreement. The date of execution shall be the
date on which HustlerContent.com receives the Sign Up form.