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This
Agreement states the Terms and Conditions upon which you
may use this Web Site (the "Site"). Please read this
page carefully. By using the Site, you are agreeing to
be bound by this Agreement between you and JH Production.
(the "Company"), and to abide by the terms and
conditions set forth herein. In addition, when using
specific services, you agree to abide by any guidelines
or rules posted in connection with those services, all
of which are hereby incorporated by reference into this
Agreement.
If you do not agree with any posted terms or rules, or
with any part of this Agreement, you must not use the
Site.
This Agreement is subject to change by the Company at
any time, and changes are effective upon posting at the
Site. Your continued use of the Site following the
posting of any changes to this Agreement means that you
accept and agree to abide by such changes. If you do not
comply with this Agreement at all times when using the
Site, the Company reserves the right to deny or restrict
your access to the Site. You should visit this page
periodically to review the Terms and Conditions, because
they are binding on you.
BILLING
If you purchase services (including regular and trial
subscriptions) from the Site, your payment will be
processed securely by
CCBill LLC - the designated E-ticket Supplier, Payment
Processor, and Access Management Provider.
Your purchase will be billed as "CCBILL". CCBILL may
impose conditions or requirements in addition to those
set forth in this Agreement, and your agreement to abide
by those terms is also a condition of your use of the
Site.
CCBILL also provides customer service for billing and
payment issues, including processing cancellation of
trial subscriptions and regular subscriptions and
issuing credits in connection with unauthorized
transactions. Please keep a record of the transaction ID
number provided by CCBILL when you subscribe, and follow
the instructions provided by CCBILL for obtaining
assistance with billing-related questions.
TRIAL SUBSCRIPTIONS
If you decide to cancel your trial subscription, you
must do so at least one day prior to the first monthly
rebill date referenced at the bottom of your first
transaction receipt. If you do not cancel at least one
day prior to the end of the Trial Period, you are
agreeing to continue as a regular subscriber upon the
terms and conditions for regular subscriptions set forth
herein, and you authorize the Company or its authorized
agent to charge your credit card (or other approved
payment facility) at the then-current monthly rate on a
recurring basis until you terminate your subscription.
REGULAR SUBSCRIPTIONS
If you purchase a regular subscription, or if you
purchase a trial subscription and do not cancel at least
one day prior to the end of the Trial Period, you hereby
authorize the Company or its authorized agent to charge
your credit card (or other approved payment facility)
for periodic recurring subscription fees according to
the then-current billing terms for the Site. If you
cancel your subscription, your termination becomes
effective at the end of the current billing period,
otherwise your subscription will be automatically
renewed for successive 30 day periods, and your credit
card (or other approved payment facility) will be
charged at the then-current subscription rate.
Subscription fees are earned upon receipt and are non-refundable,
whether or not termination is at your request.
Subscription rates are subject to change at any time
without notice. You are liable for any subscription
charges incurred by you up to and until termination of
your subscription to the Site.
You
must promptly inform the Company and its authorized
billing agent of changes in the expiration date of any
credit card used in connection with the Site; changes in
home or billing address; and any actual or suspected
apparent breaches of security, such as loss, theft, or
unauthorized disclosure or use of an ID or password.
Until you notify the Company and its authorized agent of
a breach in security, you will remain liable for any
unauthorized use of the Site. The Company will provide
you with copies of billing records documenting charges
for use of the Site upon request.
COPYRIGHT
The contents of the Site are intended for the personal,
noncommercial use of its visitors and subscribers. All
materials published on the Site (including, but not
limited to articles, photographs, images, illustrations,
audio clips and video clips) (the "Content") are
protected by copyright and other intellectual property
laws, and are owned or controlled by the Company, or by
the party credited as the provider of the Content,
software or other materials. You agree to abide by all
additional copyright or other notices, information or
restrictions appearing in conjunction with any Content,
software or other materials accessed through the Site.
The Site is protected by copyright as a collective work
and/or compilation, international conventions and other
copyright laws. You may not modify, adapt, translate,
exhibit, publish, transmit, participate in the transfer
or sale of, reproduce (except as provided in this
section of the Terms of the Site), create derivative
works from, distribute, perform, display, reverse
engineer, decompile or dissemble, or in any way exploit,
any of the Content, software, materials or the Site in
whole or in part.
Visitors (i.e., those who are not subscribers in good
standing at the time they access the site) may not
download or copy the Content or other downloadable items
displayed on the Site except to the extent technically
necessary to view such Content in a browser, and then
only to the extent that such Content or other
downloadable items are located in unsecured, publicly-accessible
areas of the Site. Active subscribers may download or
copy the Content and other downloadable items displayed
on the Site for personal, noncommercial use on one
computer at a time only, provided that they maintain all
copyright and other notices contained in such Content.
Copying or storing of any Content for other than
personal, noncommercial use is expressly prohibited
without prior written permission from the Company or the
copyright holder identified in the individual Content's
proprietary notices. SUBSCRIPTIONS MAY NOT BE ASSIGNED
OR TRANSFERRED TO ANY OTHER PERSON OR ENTITY, AND ANY
SUCH PURPORTED ASSIGNMENT OR TRANSFER WILL RESULT IN THE
IMMEDIATE TERMINATION OF THE SUBSCRIPTION PURPORTEDLY
ASSIGNED OR TRANSFERRED.
THE USE OF THE CONTENT ON ANY OTHER WEB SITE (INCLUDING,
WITHOUT LIMITATION, THUMBNAILING OF IMAGES BY IMAGE
SEARCH ENGINES) OR IN A NETWORKED COMPUTER ENVIRONMENT
FOR ANY PURPOSE IS PROHIBITED.
FRAMING OF ANY PAGE, IMAGE, GRAPHIC OR OTHER CONTENT BY
ANY OTHER WEB SITE IS PROHIBITED.
LINKING IS PERMITTED ONLY TO PUBLIC AREAS OF THE SITE,
AND THEN ONLY TO HTML DOCUMENTS. LINKING TO IMAGES ("HOTLINKING")
IS EXPRESSLY PROHIBITED.
TRADEMARKS
JH PRODUCTION, and other graphics, logos, and Web Site
names appearing on the Site are the trademarks of the
Company or its respective content suppliers. These
trademarks may not be used in connection with any
product or Web site that is not the Company's or its
respective content supplier's, in any manner that is
likely to cause confusion among customers, or in any
manner that disparages or discredits the Company.
DISCLAIMER OF WARRANTIES
The Site may contain inaccuracies or typographical
errors. The Company makes no representations about the
accuracy, reliability, completeness or timeliness of the
Site or about the results to be obtained from using the
Site. The use of the Site is at your own risk. Changes
are periodically made to the Site and may be made at any
time.
THE SITE IS PROVIDED BY THE COMPANY ON AN "AS IS," "AS
AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND
REGARDLESS OF THE FORM OF ACTION ASSERTED. COMPANY DOES
NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT THE
SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND
OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE
CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE
COSTS.
USER SUBMISSIONS
In general, any communication that you post to the Site
is considered to be non-confidential. If particular Web
pages permit the submission of communications that will
be treated by the Company as confidential, that fact
will be stated in Legal Notices on those pages. By
posting content in any form to the Site (including
communications), you grant the Company a royalty-free,
perpetual, irrevocable nonexclusive license to use,
reproduce, modify, publish, edit, translate, distribute,
perform, and display such content alone or as part of
other works in any form, media, or technology whether
now known or hereafter developed, and to sublicense such
rights through multiple tiers of sublicensees. You
further agree to execute, at the Company's request, any
documents reasonably required by the Company to
demonstrate the existence of such license, and in the
event that the Company cannot locate you following
reasonable efforts, you irrevocably designate the
Company your attorney-in-fact to execute such documents
on your behalf, which designation shall be deemed
coupled with an interest.
You are responsible for your own communications and are
responsible for their consequences. You must not do the
following things: post, transmit, promote, link, or
facilitate the distribution of ("Post") material that is
copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to Post it; Post
material that reveals trade secrets, unless you own them
or have the permission of the owner; Post material that
infringes on any other intellectual property rights of
others or on the privacy or publicity rights of others;
Post material that is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another
subscriber or any other person or entity; Post a
sexually-explicit image to a public area of the Site;
Post advertisements or solicitations of business; Post
chain letters or pyramid schemes; or impersonate another
person. By using the Site, you agree to indemnify, hold
harmless and defend the Company against any damages
caused by your violation of this Agreement, including
reasonable attorney's fees.
The Company does not represent or guarantee the
truthfulness, accuracy, or reliability of any of
communications posted by visitors or subscribers or
endorse any opinions expressed by visitors or
subscribers. You acknowledge that any reliance on
material posted by visitors or subscribers is at your
own risk.
The Company does not screen communications in advance
and is not responsible for screening or monitoring
material posted by visitors or subscribers. If notified
of communications that allegedly do not conform to this
Agreement, the Company may investigate the allegation
and determine in good faith and its sole discretion
whether to remove or request the removal of the
communication. The Company has no liability or
responsibility to visitors or subscribers for
performance or nonperformance of such activities. The
Company reserves the right to expel visitors or
subscribers and prevent their further access to the Site
for violating this Agreement or the law and the right to
remove communications which are abusive, illegal, or
disruptive.
LINKS TO OTHER WEB SITES
The Site contains links to third party Web sites. These
links are provided solely as a convenience to you and
not as an endorsement by the Company of the contents on
such third-party Web sites. The Company is not
responsible for the content of linked third-party sites
and does not make any representations regarding the
content or accuracy of materials on such third party Web
sites. If you decide to access linked third-party Web
sites, you do so at your own risk.
SOFTWARE LICENSES
Software that is made available for downloading or
streaming from the Site, including but not limited to
plug-ins ("Software") is protected by copyright and may
be protected by other rights. The use of such software
is governed by the terms of the software license
agreement or designated Legal Notice accompanying such
software ("License Agreement"). The downloading and use
of such software is conditioned on your agreement to be
bound by the terms of the License Agreement.
LIMITATION OF LIABILITY
Unless otherwise expressly provided in a Software
License or Legal Notice, the Company's aggregate
liability to subscribers for all claims arising from the
use of the Site (including Software) is limited to
$100.00 or the total amount received from you by Company
or its agent in subscription payments in the prior three
months, whichever is less.
INDEMNITY
You agree to defend, indemnify, and hold harmless the
Company, its officers, directors, employees and agents,
from and against any claims, actions or demands,
including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of
the Site (including Software) or your breach of the
terms of this Agreement. The Company shall provide
notice to you promptly of any such claim, suit or
proceeding and shall assist you, at your expense, in
defending any such claim, suit or proceeding.
USER INFORMATION
The Company's use of information that the Company
collects about you, including (but not necessarily
limited to) information that you provide, is governed by
the Company's privacy policy, which is incorporated by
this reference as though set forth in full herein.
This Agreement contains the entire agreement between you
and the Company regarding your use of the Site and all
matters directly and indirectly related thereto.
ALL CONTENT APPEARING ON THE SITE IS INTENDED FOR
DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN
LOCATIONS WHERE SUCH CONTENT DOES NOT VIOLATE ANY
COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW
OR ANY OTHER COUNTRY.
NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY
DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE
CONTENTS APPEARING ON THE SITE OR PLACE ANY ORDERS FOR
ANY GOODS OR WEB SITES ADVERTISED ON THE SITE. YOU
HEREBY REPRESENT AND WARRANT THAT YOU ARE OVER THE AGE
OF 18 YEARS.
YOU HEREBY ACKNOWLEDGE THAT EXPLICIT VISUAL, AUDIO AND/OR
TEXTUAL DEPICTIONS OF HOMOSEXUAL CONDUCT APPEAR ON THIS
WEB SITE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS
KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS. |