BEFORE you are authorized
to visit or access materials on the lusoporno.com
website, including any independent webmaster sub-domains
that are accessed by you on the Lusoporno.com Adult
Entertainment Network (all of the aforementioned collectively
referred to as the "AEN"), you are required
to read and accept the following Terms and Conditions
of Use (the "Agreement"). Please take care
to carefully read and understand each and every provision
contained in this Agreement before determining whether
you agree to proceed:
*
If you do not agree to be bound by this Agreement,
you may not access, view or use any part of the AEN,
you must exit the AEN immediately, and you may not
print or download any material from the AEN, whatsoever.
* By accessing, viewing, using, printing,
or downloading any material from the AEN, or by becoming
a member of the AEN, you agree to be bound by this
Agreement, and may only use the AEN in accordance
with this Agreement, as follows:
IN CONSIDERATION of
the mutual promises set forth, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto
make the following representations to and agree with
one another:
1. Parties
& Agreement. This Agreement is made and
entered into by Lusomoney. ("Company"),
which enables your access to the AEN, and "you",
being a visitor to, member, or user of the AEN. Subject
to the provisions set forth in this Agreement, Company
grants you a non-exclusive, non-transferable, wholly
revocable license, to visit, join or use the AEN,
as applicable. This Agreement is subject to change
by Company without prior notice and at any time, and
changes are effective upon notice to you by posting
them here. Changes shall take effect at the time they
are posted and in the absence any affirmative act
manifesting your consent. The continuation of your
use of the AEN whatsoever, shall constitute agreement
and acquiescence to the whole Agreement as then posted,
including any Guidelines promulgated under it, despite
any change in or difference they may contain from
the terms of this Agreement, as presently written,
or from any Guidelines or terms of use, as presently
posted.
2. Age of Majority – Adult Content.
All text, images, graphics, messages and communications,
whatsoever, found on the AEN (collectively referred
to as "Content") are authorized only for
distribution exclusively to persons over eighteen
(18) years of age who access the AEN in locations
where such Content does not infringe upon or violate
any local standard of decency or any federal, state
or local law or regulation of Canada, the United States
or any other country. No person who is under the age
of eighteen (18) years may directly or indirectly
view, download or possess any AEN Content. You are
responsible for knowing and understanding the standards
of decency and other laws and regulations in place
in your community concerning adult-oriented Content,
and Company in no way represents or warrants that
Content is compliant with your local laws. You hereby
acknowledge and agree that Content on the AEN reflects
explicit depictions of nudity and situations of an
explicit sexual nature, that you are familiar with
Content of this kind, and that you are not offended
by such Content. If you are, or may be, so offended,
you are strongly advised to refrain from accessing
the AEN.
3. No Child Pornography. No child
pornography whatsoever is permitted on the AEN. If
you see any images, real or simulated, depicting minors
engaged in sexual activity on the AEN, please report
it to us immediately. Include with your report
any appropriate evidence, including the date and time.
All reports will immediately be investigated and the
appropriate action will be taken. Company will cooperate
with any law-enforcement agency investigating child
pornography.
4. Use of Content – Limitations.
All Content contained on the AEN is protected under
the laws of copyright, owned or under license to Company,
AEN webmasters or their designees, and represents
proprietary and valuable intellectual property. You
cannot, under any circumstances, access, view, download,
receive and make use of Content except as specifically
permitted by this Agreement. You shall at no time
access, view, download, receive or otherwise use,
or cause or enable any other person or entity to access,
view, download, receive or make use of any portion
of said Content, directly or indirectly in places
where Company does not authorize such access, viewing,
downloading, receipt or other use, including but not
limited to any nation, state or province or portion
thereof where the access, viewing, downloading or
any other use of the Content would, or could reasonably,
be a violation of any civil or criminal law, governmental
regulation or court decision.
5. Membership. You may access the
non-public portions of the AEN only by being a member
in good standing of the AEN. You may become a member
by completing an online registration form, and paying
the applicable or stated fee. Upon submission of the
online registration form, Company and/or its authorized
agents will process the application and supply you
with a confidential ID and Password to enter the non-public
portion of the AEN. In connection with completing
the online registration form, you agree to: (1) provide
true, accurate, current and complete information about
yourself as prompted by the registration form; and:
(2) maintain and promptly update the registration
data to keep it true, accurate, current and complete
at all times while you are a member. If you provide
any information that is untrue, inaccurate, not current
or incomplete, or Company or any of its authorized
agents have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or
incomplete, Company has the right to refuse your membership
application, and/or to suspend or terminate your account.
6. Membership Fees. Should you access
the AEN on the basis of a one month membership, be
advised that all one month memberships will automatically
become regular monthly memberships at the end of the
one month membership period unless the user cancels
their membership by using our online
tools with their username and subscription ID
number. Subscriptions are recurring subscriptions
meaning that you will automatically be billed monthly
until you cancel your membership.
7. ID & Password. Upon becoming
a member of the AEN, Company will provide you with
a unique ID and password which allows access to the
entire AEN. The ID and password are, and shall remain,
the sole and exclusive property of Company, and are
issued to you in the form of a revocable, confidential,
single-user, non-transferable license. You have a
strict obligation to keep the ID and password confidential.
You are not permitted to re-distribute, share or trade
your ID and password with anyone. Should the confidentiality
of either your ID or password become, or you have
reason to believe that either may have become, compromised
or learned by a person other than you, you must immediately
inform Company via e-mail. You must remember your
ID and password, because Company will not release
that information to anyone, including you, for any
reason.
8. Duty to Report. If the address
or any other information pertaining to your credit
card is changed for any reason, or if your credit
card is lost or stolen, or if your ID or password
may have become compromised, you must immediately
inform Company via e-mail. Your failure to do so will
be a material breach of this Agreement. IN THE EVENT
OF YOUR FAILURE TO NOTIFY COMPANY OF A LOST OR STOLEN
CREDIT CARD, COMPANY DISCLAIMS ANY AND ALL RESPONSIBILITY
FOR CHARGES POSTED TO IT.
9. Termination. Access to the AEN
may be terminated by you at any time, with or without
cause. In such event, you agree to be personally liable
for all charges incurred by you during or through
the use of the AEN until the expiration of your subscription
period. You shall remain liable for such charges after
termination of your access rights to the AEN for any
reason. Your access to the AEN may also be terminated
by Company at any time, with or without cause. In
such event, you will be refunded any unused portion
of your membership fee.
10. Representations & Warranties:
You represent and warrant to Company and Company Group
that:
|
1.
you are aware that by the use of an AEN membership
ID and password, you may encounter websites that
include objectionable materials not condoned by
Company; and in that case, you should contact
Company immediately about them immediately;
2. you acknowledge that Company
provides access verification services and the
issuance of adult access IDs and passwords, and
that it does not sponsor, promote, or endorse
the distribution of objectionable materials;
3. in any event, it is lawful
to receive and view said objectionable materials
in the jurisdiction in which you reside, receive
or view the said materials;
4. you will not use any of the
materials that you view or access on the AEN,
in any manner that is inconsistent with the intellectual
property, privacy and publicity rights of the
lawful holders of those rights; and
5. you assume all risk and accept
all responsibility for any and all use of your
AEN membership, for access to any participating
AEN websites, and for the use of any materials
or Content (including programming, code, software,
encryption, data or other information technology)
obtained from any participating AEN website. |
11. Third
Party Communications. Company does not screen
or endorse advertisements or communications submitted
to it by third-party licensees, advertisers, or visitors
for electronic dissemination through the AEN. You
are advised to use your own judgment to evaluate all
advertisements and other communications available
at or through the use of the AEN prior to purchasing
goods and/or services described therein or otherwise
responding to or acting upon any such communications.
12. Use of Information. Company's
privacy policy as
amended by Company from time to time, and except as
may be modified herein, is a binding part of this
Agreement. Company will not disclose, disseminate,
sell, lease or transfer any private information provided
to it by a visitor, user or member to any third parties,
except in response to legal process. Otherwise, all
data, information, compilations, statistical analyses,
profiles, membership history and transaction records
are the sole and absolute property of Company. Notwithstanding
the foregoing, Company may utilize the outsourced
services of trusted third parties to conduct real-time
transaction and credit card screening and to participate
in credit card chargeback inquiries.
13. DISCLAIMER OF WARRANTY. COMPANY
DOES NOT GUARANTEE OR WARRANT THE COMPATIBILITY OF
YOUR EQUIPMENT, COMPUTER OR SOFTWARE, INCLUDING BUT
NOT LIMITED TO, THE TYPE OF COMPUTER, COMPUTER CONFIGURATION,
BROWSER SOFTWARE, OTHER SOFTWARE, DIAL UP ACCOUNT,
TCP/IP, WINSOCK OR ONLINE SERVICE. COMPANY IS NOT
RESPONSIBLE FOR ANY DELAY OR INTERRUPTION IN SERVICE
OR INABILITY OF YOU TO ACCESS PARTICIPATING WEBSITES
DUE TO TECHNICAL DIFFICULTIES OR FAILURE OF THE INTERNET,
WORLD WIDE WEB, TELEPHONE LINES, SWITCHING OR ANY
OTHER CAUSES BEYOND ITS IMMEDIATE CONTROL. COMPANY
GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER APPLICABLE STATUTORY LAW. NO
ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY
OR ANY MEMBER OF COMPANY GROUP SHALL CREATE A WARRANTY
OR IN ANY WAY MODIFY THE SCOPE OF THIS PARAGRAPH.
14. EXCLUSION OF LIABILITY. COMPANY
IS NOT LIABLE FOR DAMAGES WHATSOEVER RESULTING FROM
DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY
OR INACCURATELY DISSEMINATING ANY MATERIALS, DATA,
ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH
THE AEN. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU
OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS
OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE
AEN OR THE CONTENTS THEREOF, EVEN IF COMPANY WAS PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR
ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. YOUR
SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH
OF THIS AGREEMENT BY COMPANY IS A REFUND OF NO MORE
THAN ONE MONTH'S MEMBERSHIP FEE.
15. Trade Marks and Service Marks.
You acknowledge and agree that LUSOPORNO are trade
marks and/or service marks of Company and that Company
strictly governs their use.
16. Indemnity. You agree to indemnify
and hold harmless Company, and its owners, shareholders,
officers, directors, employees, contractors, attorneys,
and agents (collectively referred to as the "Company
Group") from and against any and all liabilities,
claims, damages and costs (including attorney's fees,
government fines or forfeitures) arising in any way
out of the authorized or unauthorized use of your
AEN membership ID or password, the receipt, viewing,
transmission or retransmission, or use of any Content
by you or any unauthorized person using your ID or
password, and any breach or alleged breach by you
of any covenant, representation or warranty made by
you in this Agreement, including but not limited to
attempted or actual unauthorized downloading, viewing,
retransmission, duplication or other unauthorized
use of any Content, or any disruption of the AEN caused
directly or indirectly by you.
17. Controlling Law. This Agreement
shall be governed by and construed in accordance with
the laws of the province of EU. The parties have
required that this Agreement and all related documents
be drawn up in English.
18. Integration. Each party to this
Agreement acknowledges that this Agreement constitutes
the entire agreement of the parties with regard to
the subject matters addressed in this Agreement, that
this Agreement supersedes all prior or contemporaneous
agreements, discussions, or representations, whether
oral or written, with respect to the subject matter
of this Agreement, and that this Agreement cannot
be modified except in a posted writing as hereinabove
expressly provided. Each party to this Agreement further
acknowledges that no promises, representations, inducements,
agreements, or warranties, other than those set forth
herein, have been made to induce the execution of
this Agreement by said party, and each party acknowledges
that it has not executed this Agreement in reliance
on any promise, representation, inducement, or warranty
not contained herein. Modifications of this Agreement
(and of the Guidelines it provides for) shall supersede
all prior Agreements and Guidelines, respectively,
from the time that each becomes effective.
19. Severability and Construction.
If any provision of this Agreement is held to be unenforceable
for any reason, such provision shall be reformed only
to the extent necessary to make it enforceable, and
all other terms and conditions shall endure. Headings
of sections or paragraphs in this Agreement are provided
only for ease of reference and shall not be construed
as limiting or affecting the meaning of any term contained
in any paragraph of this Agreement.
20. Relations Among the Parties.
Nothing in this Agreement shall constitute or be construed
to constitute or tending to create an agency, partnership,
joint venture, master-servant or employer-employee
relationship between Company or any member of the
Company Group and you, in any respect, any other provision
of this Agreement notwithstanding.
21. DMCA Policy. Company's "Digital
Millennium Copyright Act (DMCA)
Policy" as amended by Company from time to time,
is a binding part of this Agreement.