adulttw.com T.O.S. adulttw.com SUBSCRIPTION SITE MEMBERSHIPS TERMS AND CONDITIONS As of 12-06-2006 This Subscriber Agreement applies to the adulttw.com Enterprises, Inc. and adulttw.com, Inc. (collectively, "adulttw.com") family of subscription websites (the "adulttw.com Subscription Sites"). These include adulttw.com and any other sites at which this Subscriber Agreement appears. This Subscriber Agreement does not apply to other online or offline websites, products or services, and does not grant you the right to enter into any adulttw.com Subscription Site for which you have not paid a subscription fee. REGISTRATION: Welcome! To ensure that you enjoy the highest standards of quality and service during your visits to each of the adulttw.com Subscription Sites, we encourage you to read through the following information before you register. These legal notices spell out the terms and conditions to which you are expected to adhere. TERMS OF SERVICE 1. GENERAL RULES AND DEFINITIONS 1.1 This "Subscriber Agreement" constitutes your agreement with adulttw.com with respect to your use of each of the adulttw.com Subscription Sites. You must agree to abide by all of the terms and conditions contained in this Subscriber Agreement in order to become or remain an authorized subscriber of any of the adulttw.com Subscription Sites. 1.2 To indicate agreement with the terms and conditions of this Subscriber Agreement, you must click the "Click Here to Join" button at the end of this Subscriber Agreement. You will not be allowed to register before clicking that button. Feel free to read and reread this Subscriber Agreement as often as you want before clicking the "Click Here to Join" button. If you do not wish to agree to these terms and conditions, do not click the "Click Here to Join" button (you understand that you will not be subscribed to the applicable adulttw.com Subscription Site and will have no right to access such adulttw.com Subscription Site unless you agree with the terms of this Subscriber Agreement). adulttw.com reserves the right, at its discretion, to change, modify, add or remove portions of this Subscriber Agreement at any time. Occasionally adulttw.com may ask you to accept the terms of such changes to continue using the adulttw.com Subscription Site to which you are subscribed. 1.3 IF THIS SUBSCRIBER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE, YOU MAY CANCEL YOUR SUBSCRIPTION BY REQUESTING AN ORDER CANCELLATION BY CALLING MEMBER SERVICES (SEE SECTION 9 REGARDING adulttw.com TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE adulttw.com SUBSCRIPTION SITE(S) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS. 1.4 adulttw.com may change, suspend or discontinue any aspect of any of the adulttw.com Subscription Sites at any time, including the availability of any feature, database or content. adulttw.com may also impose limits on certain features and services or restrict your access to parts or all of any of the adulttw.com Subscription Sites without notice or liability. 2. adulttw.com SUBSCRIPTION SITE CONTENT AND SUBSCRIBER SUBMISSIONS 2.1 The contents of each of the adulttw.com Subscription Sites are intended for the personal, noncommercial use of its registered subscribers. All materials published on the adulttw.com Subscription Sites (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright and other intellectual property laws, and are owned, or controlled by, or licensed to adulttw.com or the party credited as the provider of the Content, software or other materials. You shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the adulttw.com Subscription Sites. 2.2 Each of the adulttw.com Subscription Sites is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 2 of this Subscriber Agreement, 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 Subscriber Agreement), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or adulttw.com Subscription Sites in whole or in part. 2.3 Copying or storing of any Content for any purpose other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted. 2.4 If you believe that any Content appearing on a adulttw.com Subscription Site has been used on such adulttw.com Subscription Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed identification of the copyrighted work claimed to have been infringed a description of where the material that you claim is infringing is located on the adulttw.com Subscription Site your address, telephone number, and e-mail address a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement on the adulttw.com Subscription By email: editor@adulttw.com 3. FORUMS AND DISCUSSIONS 3.1 You shall not upload to, or distribute or otherwise publish through any adulttw.com Subscription Site any Content that is libelous, defamatory, obscene or otherwise violates any law or the rights of third parties. Please use your best judgment and be respectful of other individuals using the bulletin boards. Do not use vulgar, abusive or hateful language. Bulletin boards within the adulttw.com Subscription Sites, where provided, are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. adulttw.com does not endorse the opinions placed on these bulletin boards. You acknowledge that any submissions (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by adulttw.com. In addition, you warrant that you waive all moral rights in any uploaded materials have been waived. 3.2 The Forums shall be used by you solely in a noncommercial manner. You shall not, without the express approval of adulttw.com distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services which are competitive with any of the adulttw.com Subscription Sites. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. 3.3 While adulttw.com does not and cannot review every message posted by subscribers in the Forums and is not responsible for any content of these messages, adulttw.com reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this Subscriber Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of their messages. 4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS 4.1 The adulttw.com Subscription Sites contain links to other related World Wide Web Internet sites, resources and sponsors of adulttw.com. Selection of an ad banner or link will redirect you off of the adulttw.com Subscription Sites to a third party website. Transactions that occur between you and any such third party are strictly between you and the third party and are not the responsibility of adulttw.com. Because adulttw.com is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its site administrator or webmaster. 5. REPRESENTATIONS AND WARRANTIES 5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your subscriber account or adulttw.com's use thereof in accordance with the terms and conditions of this Subscriber Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold adulttw.com, its parent company, affiliates and the officers, directors, owners, agents, employees, shareholders, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any other user of your account (whether or not such user has your permission) of the Subscriber Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. adulttw.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 5.2 adulttw.com neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through any adulttw.com Subscription Site by any subscriber, information provider or any other person or entity. EACH OF THE adulttw.com SUBSCRIPTION SITES, THE ACCESS SOFTWARE, IF ANY, (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY adulttw.com OR THIRD PARTIES THROUGH ANY OF THE adulttw.com SUBSCRIPTION SITES ARE PROVIDED "AS IS." adulttw.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE adulttw.com SUBSCRIPTION SITES. adulttw.com SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF ANY OF THE adulttw.com SUBSCRIPTION SITES, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY adulttw.com OR THIRD PARTIES THROUGH THE adulttw.com SUBSCRIPTION SITES, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF adulttw.comNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. 5.3 You hereby acknowledge that your use of the adulttw.com Subscription Sites is at your sole risk. 6. REGISTRATION AND SECURITY 6.1 As part of the registration process, you will select a password and user name ("adulttw.com ID"). You shall provide adulttw.com with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Subscriber Agreement, which may result in immediate termination of your account. You may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person other than yourself without authorization; or (iii) use a screen name that adulttw.com, in its sole discretion, deems offensive. 6.2 (a) You shall notify adulttw.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information. (b) You shall be solely responsible for maintaining the confidentiality of your password. 6.3 You must be 18 years or older to subscribe to any of the adulttw.com Subscription Sites. 6.4 You are responsible for all usage or activity on your account to any adulttw.com Subscription Site. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at adulttw.com's sole discretion, and you may be referred to appropriate law enforcement agencies. 7. FEES AND PAYMENTS 7.1 adulttw.com reserves the right at any time to charge fees or change the price for access to any adulttw.com Subscription Site. In the event that adulttw.com so elects, it shall post notice in the Service Information Area. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the any of the adulttw.com Subscription Sites by adulttw.com or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You will not receive access to any service until subscription fees have been received by adulttw.com. Subscription fees are not refundable in whole or in part, even in the event your account is terminated. In the event of termination, your account will remain active through the end of the subscription term. You shall pay all applicable taxes relating to use of any adulttw.com Subscription Site through your account. Your right to use any adulttw.com Subscription Site is subject to any limits established by adulttw.com in its sole discretion. 7.2 You understand that, unless otherwise specifically noted on the registration page at the time of your registration to a adulttw.com Subscription Site, your subscription will renew automatically at the end of your subscription period until you request a cancellation (See Section 9. Termination). 8. SOFTWARE LICENSES 8.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you to access any adulttw.com Subscription Site ("Access Software"). You may not sublicense, assign or transfer any licenses granted by adulttw.com and any attempt at such sublicense, assignment or transfer is void. You may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software. 9. TERMINATION 9.1 You may terminate your account at any time by requesting a cancellation by calling Member Services . You will retain access through the duration of their subscription term. You are responsible for all charges incurred up to the time the account is deactivated, whether or not such charges were actually incurred by you. 9.2 adulttw.com may, in its sole discretion, terminate or suspend your access to all or part of any adulttw.com Subscription Site for any reason, including, without limitation, any breach by you of this Subscriber Agreement, or assignment of this Subscriber Agreement by you. 9.3 You acknowledge that site administrators have the right to terminate your membership without notice for any user who restricts, inhibits or disrupts any adulttw.com Subscription Site event or attempts to alter or improperly access any feature or function of the adulttw.com Subscription Sites. Your subscription may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any adulttw.com Subscription Site or adulttw.com employee; post content (including the creation of usernames) that is offensive or otherwise disruptive of adulttw.com activities; post unsolicited advertising; or impersonate a adulttw.com employee or other individual. 10. MISCELLANEOUS 10.1 This Subscriber Agreement has been made in and shall be construed and enforced in accordance with New York law. Any action to enforce or in connection with this Subscriber Agreement shall be brought in the federal or state courts located in the Southern District of New York. 10.2 Official correspondence must be sent via postal mail to: editor@adulttw.com 11. ACCEPTANCE 11.1 You hereby acknowledge that you have read and understand the foregoing Subscriber Agreement and agree to be bound by its terms and conditions.