WE RESERVE THE RIGHT TO MAKE CHANGES, MODIFICATIONS, OR UPDATES TO THESE TERMS AT ANY TIME, WHEREOF WE WILL PROVIDE NOTICE ON THE SITE AND/OR PORTAL. YOUR CONTINUED USE OF OUR SERVICE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
1. Registration. To open a user account, you must use both a real and “stage” name when completing the user registration process. In registering for a user account, you agree to submit true, up to date and complete information and promptly update such information should it change. With regard to your “stage” name, you must be actively using said name in the adult entertainment industry at the time of registration. Should ETFX Media LLC suspect such information is false, not up to date or incomplete, we shall notify you by e-mail and/or telephone and may suspend your user account until you have confirmed that all registration information is true, up to date and complete. If you do not verify the registration information is true, up to date and complete or correct the inaccurate or incomplete information, ETFX Media LLC may suspend or discontinue your account. CLICKING THE “I AGREE” BUTTON BELOW IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM.
2.User ID and Password. You will create user ID and password upon registering with the Site. You will not disclose your password to any third party and you are responsible for keeping the password confidential. You are entirely responsible for any and all activities and charges that are incurred through the use of your password, and any claims, liability, damages, losses and costs (including legal fees) resulting from the unauthorized use of your password. You agree to immediately notify ETFX Media LLC of any unauthorized use of your password or any other breach of security that is known or becomes known to you. You will be liable for any unauthorized use or misuse of your password and access to or unauthorized use of this Site by anyone using your password.
3. Proprietary Rights. Other than your information, data, and databases provided or submitted by you, you acknowledge that any and all information, content, reports, data, databases, templates, graphics, interfaces, web pages, text, files, software, services, product names, company names, trademarks, logos, and trade names contained on the Site including the manner in which the content is presented or appears and all information relating thereto, are the property of ETFX Media LLC. Except for that information which is in the public domain or for which you have been given express written permission by us to the contrary, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any materials or content available on our Site.
4. Commission Terms. You agree that payment to you through use of this Site will be made through electronic check, ACH deposit, or other third party services. Any payment will be made based on the plan you select during Registration. ETFX Media LLC may offer different plans from time to time. Payments will start on the day after the consummation of the first sale and will continue to be processed on the same date each week unless the day falls on a weekend or holiday, in which case the payment will be processed on the next business day. You will receive 85% of the price marked for each good or service provided on the Site. In addition, any referral you make which results in a new user registering and selling goods/services on the Site may result in a 1% commission from the sale of the second user’s good/services.
5. Refunds. Any deliverable such as a physical good, electronic file, or other data (e.g., a Snapchat username) from you shall be provided to a customer within 14 days of purchase else it will be subject to refund. You agree that ETFX Media LLC will act as the mediator between you and any potential customer. ETFX Media LLC will have sole discretion as to whether a refund is required and what potential future actions you would need to take to rectify any situation. In the event of a refund or chargeback, any amount paid out will be deducted from future commissions of the user. Any unit based good (e.g., Skype Shows) that fail to meet the entire purchased amount of units (e.g., minutes) will be subject to a refund pro-rated in respect to the amount of units not delivered upon customer request.
6. Recurring Billing. If you purchase any automatically renewing subscriptions, you hereby authorize the Company or its payment processor to charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and the Company is unable to charge you on the next billing period, ETFX Media LLC may immediately revoke your access to any subscription you have purchased until you update your payment method. If you fail to update your payment method within a reasonable amount of time, ETFX Media LLC may cancel your subscription.
7. Permitted Use. ETFX Media LLC hereby grants you a personal, non-transferable and non-exclusive license to access and use the Site for the purpose of conducting business in accordance with the Terms. No other use is permitted.
8. Prohibited Use. You agree that you will not: (a) violate any applicable law or regulation; (b) infringing the rights of any third party; (c) use information obtained through our Site for any unauthorized purpose; (d) post threatening, libelous, defamatory, scandalous, obscene, inflammatory, pornographic or objectionable material; (e) interfere with or damage our Site, including without limitation using viruses, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, forged electronic mail address information, means to reproduce or circumvent the navigational structure or presentation of the Site or its Content, or similar methods or technology; (f) access or attempt to access any other users password protected account; (g) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Site and /or Portal or any software used on or for the Site; (h) stalk or harass any other user of our Site; (i) collect any information about any other user or customer other than as customarily arises in the course of permitted use of the Site; (j) impersonate any person or entity; (k) assist or facilitate any third party in doing any of the foregoing; or (l) use any of the following terms in the promotion of any goods or services:
Bodily Excretions-related terms
9. Links. The Site may contain links to other web sites. These are provided for your convenience and information only and, as such, you access them at your own risk. The content on these sites is not under the control of ETFX Media LLC and we are not responsible for or endorse, such content, whether or not we have an affiliation with these linked sites.
10. User Data. ETFX Media LLC is authorized to have access to and make use of your User Data as appropriate for the performance by ETFX Media LLC of its duties under this Agreement and to discharge its obligations under federal, state, and local law. Upon termination or expiration of this Agreement, ETFX Media LLC will archive User Data in its possession for a period of time we determine in our sole discretion. We will not use your data for any purpose other than performing our duties under this Agreement and to discharge its obligations under federal, state, and local law as a licensed broker of real estate. You agree to input accurate and complete data.
11. Termination. You agree that we, in our sole discretion, may terminate your access to our Site for any reason or no reason, including without limitation your breach of these Terms. You agree that any termination of your access to our Site may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts, and bar any further access to such files or our Site. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from any termination of your access to our Site.
ALL CONTENT ON THIS SITE AND PORTAL IS PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ETFX MEDIA LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE TO USE THE SITE AND /OR PORTAL AT YOUR OWN RISK.
WE DO NOT WARRANT THAT: (A) OUR SITE WILL MEET YOUR REQUIREMENTS; (B) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SITE AND /OR PORTAL.
NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. Limitations on Liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SITE AND /OR PORTAL, (B) THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING OUR SITE AND /OR PORTAL, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SITE AND /OR PORTAL, OR (E) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SITE AND /OR PORTAL OR THESE TERMS.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SITE AND /OR PORTAL OR THESE TERMS EXCEED THE SUM OF ONE DOLLAR ($1.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.
15. Indemnification. You agree to defend, indemnify, and hold harmless us and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners agents, and employees from and against each and every claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Site or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms or any of the representations and warranties set forth above. Specifically, you indemnify ETFX Media LLC against any and all charges of trademark, copyright, or patent infringement based on the use of a “stage” name or the sale of products or services. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
16. Dispute Resolution. All disputes between you and us arising out of or relating to these Terms or your use of our Site will be exclusively resolved in state or federal court located in Tampa, Florida. Each party hereby irrevocably submits to the personal jurisdiction of such courts. In any action to enforce these Terms and/or recover damages pursuant hereto, we shall be entitled to recover from you our fees and costs incurred in connection therewith, including, without limitation, reasonable attorneys’ fees.
17. Third Party Relationships. Your correspondence or business dealings with, or participation in promotions or services of, advertisers or affiliated partners found through the Site, including payment for delivery of goods and/or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site, including without limitation the accuracy of their advertisements, the timeliness of their delivery, or any other aspect of their performance or nonperformance.
18. Other Agreements. These Terms which may change from time to time, shall contain the entire understanding between you and us regarding the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms. These Terms may be assigned by us to any third party, but you may not assign these Terms or any of your rights or obligations hereunder without our express, written consent. If any provision hereof is found to be invalid or unenforceable, such provision shall be recast to the extent required to make it valid and enforceable and the other provisions hereof shall be unaffected thereby. In the event any inconsistencies exist between these Terms and any future published terms, any inconsistency between these Terms and any future published terms, the last published terms shall prevail.