Terms of Use
| 1. | Sign-Up Agreement: In order to lease Products, and to exercise the license
rights herein granted, from ExtremeFeeds.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 being offered, and
the exercise of the license rights herein granted by ExtremeFeeds.com 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 ExtremeFeeds.com Products is restricted to adults over
the age of 18. Access to minors is strictly prohibited. |
| 3. | Participation Requirements: In order to lease Products, and obtain
the non-exclusive license rights permitting Customer to publish and display
the adult oriented material hereby licensed from ExtremeFeeds.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,
and publication, or display of the licensed productions, including any
FREE materials.
(b) Provide ExtremeFeeds.com with a valid user name and password for
Customer's subscription site permitting ExtremeFeeds.com access to inspect
the feed(s) as long as ExtremeFeeds.com Products and the display
of ExtremeFeeds.com adult oriented material appear on Customer's Site.
If Customer does not provide ExtremeFeeds.com with this information in a
timely manner, Customer will not be activated and/or participation in the
program shall be terminated.
(c) Follow ExtremeFeeds.com's linking, text and banner placement requirements.
Specifically, Customer may not may not alter or modify any designs or artwork
ExtremeFeeds.com provides to Customer. A breach of this provision shall be
cause for immediate termination of Customer's participation in the program. |
| 4. | ExtremeFeeds.com Responsibilities: ExtremeFeeds.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 ExtremeFeeds.com Product 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). 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 ExtremeFeeds.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 ExtremeFeeds.com Customers are subject to rate
increases contingent upon additional bandwidth usage. The charges for overage
or excessive bandwidth usage may change from time to time but shall ,
at all times, be published on ExtremeFeeds.com price list. Customer is encouraged to
monitor the total bandwidth usage displayed on the webmaster login page. All charges
for excess or overage bandwidth use shall be invoiced monthly on the first day of the
next succeeding month which shall be paid within five business days with Customers payment
for the use of Product and the license rights granted hereunder. Customer�s obligation
for payment of excess bandwidth and overage charges are independent of the payment for
the next succeeding month�s license fees. If ExtremeFeeds.com does not receive payment
for any monthly license or Product charges and any excess or overage bandwidth charges by
the fifth day of each new billing cycle the service feeds to the Product and access to the
server shall be automatically disconnected. |
| 5. | Services Placement: Customer understands and acknowledges that the Products and adult
oriented materials the display and publication of which are being licensed to Customer
by ExtremeFeeds,com shall be accessed by link from Customer�s site to ExtremeFeeds.com�s
server. All materials so accessed shall be and remain the sole property of ExtremeFeeds.com
and Customer shall have no proprietary rights therein. Customer�s rights to display and
publish ExtremeFeeds.com�s Products and adult oriented materials are limited as
non-exclusive rights to access ExtremeFeeds.com server for which Customer shall be charged
in accordance with the terms hereof. |
| 6. | Customer Termination: ExtremeFeeds.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.
Customer may be automatically terminated for failure to pay monthly and bandwidth charges. |
| 7. | Indemnification: Customer agrees to indemnify and hold harmless
ExtremeFeeds.com, its officers, 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 ExtremeFeeds.com
materials in a manner not expressly authorized by this Agreement, and specifically any failure
to protect against access of the Products and adult oriented materials by minors. Customer
further agrees to indemnify and hold harmless ExtremeFeeds.com, its officers, directors,
employees, agents successors and assigns from and against any claims arising from or
in connection with any other materials Customer places on the site. |
| 8. | 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 and has the
requisite power and authority to enter into this Agreement and perform the obligations set
forth herein; Customer expressly represents and warrants that it maintains a system
and procedure for age verification and shall not, under any circumstances, permit or
allow access of ExtremeFeeds.com�s Products or adult oriented materials through Customer�s
website to any minor. 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) ExtremeFeeds.com warrants and represents that it owns, controls or otherwise has
the rights to the display and or publication throughout the Internet of the Products
and adult oriented materials 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
ExtremeFeeds.com from entering into this Agreement. |
| 9. | 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 confidential and Customer may not publish, disseminate, or in any way
release any of the confidential information kept by the custodian of records.
The records maintained by the Custodian of Records are kept and maintained by:
J.Lane at Multimedia Pictures, Inc., 9730 Variel Ave., Chatsworth, California 91311;
B. Friedland at 9127 Thrasher Ave. Los Angeles, California 90069;
M. Weston, Rain Productions, 21414 Chase Street, No. 1, Canoga Park, California 91304;
Totally Tight Videos and Bacchus Films, M. Chalfin, 9718 Glen Oaks Blvd. , Unit B, Sun Valley, California 91352;
Totally Tasteless Video, E.N.G. De Roo, 12229 Montague Street, Arleta, California 91331;
Universal Images, LLC, Paul Bridges 13032 Ebell Street, North Hollywood, California 91605. |
| 10. | Miscellaneous Terms:
(a) Except for public domain materials, all Products and adult oriented materials,
provided through access to ExtremeFeeds.com are protected by federal copyright and may
not be copied, redistributed, or downloaded (except that trailers may be downloaded)
in whole or in part, without the prior written consent of ExtremeFeeds.com.
ExtremeFeeds.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) ExtremeFeeds.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 ExtremeFeeds.com,
its officers, 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.
(d) This agreement may not be altered, amended, or changed, in any way, except by written agreement
executed by the parties, |
| 11. | 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 any agreed arbitrator, and in the event that the parties cannot agree upon an
arbitrator, the Superior Court of Los Angeles County shall have the jurisdiction to appoint an independent and
neutral arbitrator. |
| 12. | 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 each, all , and every of the
terms and conditions set forth in this Agreement and ExtremeFeeds.com agrees to become a
counter-party to the Agreement. The date of execution shall be the date on which
ExtremeFeeds.com receives the Sign Up form. |
