Please read these terms of service carefully, by accessing or using ihaveasurprise.com in any manner, you acknowledge that you have read them and agree to be bound by them.
NOW, THEREFORE, in consideration of the promises and the mutual covenants of the parties set forth below and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties agree as follows:
1.1. Age Restriction. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE SITE (AS DEFINED BELOW), SUBSCRIBE TO THE SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE SITE. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS, THE AGE OF MAJORITY IN YOUR COMMUNITY, AND ARE CAPABLE OF LAWFULLY ENTERING INTO THE AGREEMENT.
1.2. Binding Agreement. These terms of service (the “Agreement”) constitute a binding legal agreement between you (“you”) and Elysium Ventures, LLC. (the “Company”). The Agreement spells out the terms and conditions to which you and all users of [website name] (the “Site”) are expected to adhere. By creating a free account, purchasing a Full Subscription or Trial Subscription (as each is defined below) or by accessing or using the Site in any manner, you acknowledge that you have read the Agreement, understand the Agreement and agree to be bound by its terms. If you do not agree to be bound by the terms of the Agreement, you should leave the Site immediately.
1.3. Effect of Subscription Purchase. In the event that you purchase a Full Subscription or Trial Subscription (as defined below), you will be asked to enter your credit card information and certain other information. By providing this information and selecting “Complete this transaction” you agree to become a subscriber to [website name] and, subject to the terms and conditions set forth in the Agreement, the Company agrees to provide you with all the privileges of a subscription to the Site available to a subscriber in good standing (the “Service”).
1.4. Changes to Service. The Company may change, suspend, discontinue, and/or limit your access to any portion of the Site and/or Service, including without limitation, the availability of any feature, database, or Content (as defined below) at any time without notice or liability.
1.5. Amendments to the Agreement. The Company may change, add, or remove portions of the Agreement at any time and changes are effective upon notice to you by email, posting, or via hyperlink to the Site. Your continued use of the Service will indicate acceptance by you of such changes. If future changes to the Agreement are unacceptable to you, or cause you to no longer be in compliance, you may cancel your subscription by providing the Company notice pursuant to paragraph 25 and subject to the terms and conditions of the Agreement. From time to time, the Company may ask you to expressly accept the changed terms of service to continue using the Site and/or Service.
2.1. Nature of Content. YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS PUBLISHED, BROADCAST, CONTAINED, AND/OR DOWNLOADABLE ON THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, VIDEOS, STILL PHOTOGRAPHS, LIVE BROADCASTS, AUDIO CLIPS, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES, SOFTWARE, LOGOS, ICONS AND ANY OTHER PROPRIETARY CONTENT (COLLECTIVELY, THE “CONTENT”) INCLUDE SEXUALLY EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY, LESBIAN, AND/OR TRANSEXUAL SITUATIONS AND THAT YOU ARE FAMILIAR WITH AND NOT OFFENDED BY SUCH CONTENT.
2.2. Use of Content. The Content is intended for distribution exclusively to consenting adults who are in locations where such Content does not violate community standards or any applicable local, state, or federal law or regulation.
2.3. Liability for Improper Use of Content. You agree to be personally liable and fully indemnify the Company and Agent (as defined below) for any and all damages directly, indirectly, and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of Content. Such damages include, without limitation, loss of revenue, loss of profits, loss of property, fines, penalties, attorney’s fees, costs, and damages resulting from civil lawsuits, administrative actions, prosecution, and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
2.4. Notice of Claim of Copyright Infringement on the Site. If you believe that any Content appearing on the Site and/or Service has been used in a manner that constitutes copyright infringement, the terms of service require that you provide the Company with a written notice that includes the following information: (a) an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) 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; and (f) 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.
The Company’s copyright contact for notice of claims of copyright infringement on the Site can be reached as follows:
Daniel L. Warren, Esq.
7710 Balboa Avenue, suite 316
San Diego, CA 92111
e-mail: DLWarren at Gmail.com
3.1. Grant of License. Subject to the limitations set forth below, the Company hereby grants you a limited, non-commercial, non-exclusive, and non-transferable license (the “License”) to use the Content during the period in which you are a current subscriber in good standing or legitimate user of the Site. The License will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of the Agreement, cease, for any reason, to be a subscriber in good standing, or are notified of termination of the License by the Company or its authorized agent(s).
3.2. Limitations on License. You may make no use of the Content not expressly authorized herein or by express written authorization from the Company. You may use the Content only in accordance with the Agreement, only on one computer at a time, and if the Site makes downloadable copies of the Content available, you may make only a single copy of such Content for your personal use and enjoyment. You agree to the following limitations and restrictions on your use of the Content:
a. You acknowledge and agree that the Company does not authorize the Content to be accessed, viewed, downloaded, used by, transmitted, broadcast, or otherwise disseminated to any person or entity located in any and all areas prohibited by law (“Prohibited Areas”);
b. You acknowledge and agree that the Content is intended for your personal, noncommercial use and the Company does not authorize you to cause or enable others to access, view, download, receive or otherwise use the Content, directly or indirectly, including but not limited to anyone under the age of eighteen (18) years or the age of majority, or (ii) any person in Prohibited Areas.
c. You acknowledge and agree that any and all unauthorized access, viewing, downloading, receipt, duplication, or other use of the Content in which you are directly or indirectly involved, shall constitute a material breach of the Agreement, intentional infringement(s) of the Company’s and potentially others’ trademarks, copyrights, intellectual property, and/or other rights including without limitation, the rights of privacy and publicity
d. You acknowledge and agree that you are prohibited from:
1. modifying, translating, reverse engineering, decompiling, and/or disassembling the Content;
2. creating derivative works based on the Content;
3. renting, leasing, or transferring any rights in the Content;
4. removing any proprietary notices or labels on the Content; and
5. making any other unauthorized use of the Content.
3.3. Ownership of the Content and Intellectual Property. Except for public domain material or material otherwise licensed to the Company for electronic dissemination, all of the Content displayed at or otherwise available through the Site is proprietary content owned by Company, its parents, subsidiaries and/or assigns. All editions of the Site and Content and other matter used directly or indirectly in, at, by, through and/or with the Site are protected by the copyright laws of the United States, international copyright treaties, and other laws and regulations. All intellectual property and other rights in and to the Content and other matter on the Site shall at all times remain in the Company, its parent(s), subsidiary(ies) and assign(s).
4.1. Your Warranties. You hereby represent, warrant, and affirm (the “Warranties”):
a. that you are at least 18 years old and the age of majority in your community;
b. that it is legal to view the materials where you are located;
c. that you will not permit any person(s) under the age of 18 (or who are otherwise not legally permitted) to have access to any of the materials contained on this website;
d. that no materials of any kind submitted through your account including, without limitation, comments posted on live broadcasts or in public forums, will:
1. violate or infringe upon the rights of any third party, including without limitation, copyright, trademark, privacy, publicity, moral, contract, or other personal or proprietary rights;
2. plagiarize any material owned by any third party or the Company;
3. contain violent, obscene, defamatory, harassing, threatening, or otherwise illegal content;
4. contain bigoted, hateful, or otherwise racially offensive material;
5. otherwise harm or be reasonably expected to harm any person or entity;
6. contain commercial or business-related advertisements or offers to sell any products, services, or otherwise (whether for profit or not), or to solicit others (including solicitations for contributions or donations);
7. contain a virus or other harmful component that tampers with, impairs or damages the Site, Service, or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site and/or Service;
8. contain materials irrelevant to the designated topic or theme of the relevant public forum;
9. violate any specific restrictions applicable to a public forum; or
10. constitute antisocial, disruptive or destructive behavior, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
e. that, with respect to live broadcasts or public forums on the Site, you will also refrain from posting comments on the following subjects:
1.Sexually transmitted disease;
3.Derogatory comments about the performers’ physical appearance;
4.Anything demeaning to the performers.
4.2. Breach of the Warranties. Any conduct that the Company, in its sole discretion, deems to be a breach of the Warranties shall constitute a breach of the Agreement and grounds for termination.
4.3. Indemnity. You hereby agree to indemnify, defend, and hold harmless the Company and all of its related entities, subsidiaries and parent companies, advertising and promotions agencies and each of the their heirs, successors, officers, directors, employees, assigns, agents, attorneys, representatives, and any other person or entity now or hereafter affiliated with them, and each of them (collectively, “Indemnified Parties”), of and from any and all claims, demands, causes of action, obligations, damages, losses to any person (including death) or property, penalties, attorney’s fees, costs, and liabilities of any nature whatsoever, whether or not now known, suspected or claimed, arising out of any breach by you or any other user of your account, whether or not such user has your permission, of the Agreement or the Warranties. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you shall cooperate as fully as is reasonably required in the defense of any claim.
4.4. Third Party Violations. The Company does not assure or warrant that third parties or other users will comply with the Warranties or any other provision of the Agreement, and, as between you and the Company, you hereby assume all risk of harm or injury resulting from any lack of compliance.
4.5. No Warranties by the Company. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND IS MAKING THE SITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND/OR SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
4.6. Disclaimer of Responsibility for Outbound Links. THE SITE CONTAINS LINKS TO OTHER RELATED INTERNET SITES, RESOURCES, AND SPONSORS OF THE COMPANY. YOUR SELECTION OF AN AD BANNER OR LINK WILL REDIRECT YOU FROM THE SITE TO A THIRD PARTY WEBSITE. THE COMPANY HAS NO CONTROL OVER AND NO LIABILITY FOR ANY THIRD PARTY WEBSITES OR MATERIALS. TRANSACTIONS THAT OCCUR BETWEEN YOU AND ANY SUCH THIRD PARTY ARE STRICTLY BETWEEN YOU AND THE THIRD PARTY AND ARE NOT THE RESPONSIBILITY OF THE COMPANY. THE COMPANY MAKES NO GUARANTEES ABOUT THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF THE INFORMATION PROVIDED BY SUCH SITES, AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT THAT MAY RESIDE ON THOSE SITES. THE COMPANY IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENTS OF SUCH OUTSIDE RESOURCES, AND YOU SHOULD DIRECT ANY CONCERNS REGARDING ANY EXTERNAL LINK TO THE THIRD PARTY SITE’S ADMINISTRATOR OR WEBMASTER.
4.7. The Company's Limited Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RELATED TO YOUR USE OF THE SITE, THE SERVICE, THE CONTENT AND/OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY, EXCEPTING SUCH INJURY OR DAMAGES CAUSED BY THE COMPANY’S FRAUD, WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER, OR VIOLATION OF LAW BY THE COMPANY.
5.2. Subscription Options. Subscriptions to the Service are available as follows:
a. Full Subscription with monthly pricing (renews monthly)
b. Full Subscription with up front yearly pricing
5.3. Trial Subscriptions. You hereby acknowledge that purchase of a Trial Subscription provides only limited access to the Content and that you will receive full access to the Content only in the event that you purchase a Full Subscription. If you purchase a Trial Subscription, you hereby agree that Agent (as defined below) may immediately authorize your credit card (or other approved facility) in the amount equal to the then-current rate for the Trial Subscription you selected. To terminate your Trial Subscription, you must do so prior to the end of the Trial Period to avoid incurring charges for a Full Subscription. Failure to cancel prior to the end of the Trial Period constitutes your agreement to continue as a subscriber under the terms and conditions for Full Subscriptions set forth herein and you authorize the Company to charge your credit card (or other approved facility) at the then-current Full Subscription rate on a monthly basis until you request termination of your Full Subscription according to the terms and conditions set forth herein.
5.4. Full Subscriptions. If you purchase a Full Subscription, or if you do not cancel your Trial Subscription prior to the end of the trial period, you authorize the Company and/or Agent to charge your credit card (or other approved facility) for periodic subscription fees according to the then-current billing terms for the Service. Subscription fees are earned upon receipt by the Company and are non-refundable. For your convenience, subscriptions, with the exception of yearly subscriptions, will automatically renew upon expiration unless you cancel your subscription AT LEAST three (3) days prior to expiration. 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 the Service.
5.5. Transaction Processing. You hereby authorize the Company and/or one of its authorized agents, (“Agent”), to process the transactions necessary to procure and maintain subscriptions on your behalf. You agree not to report any credit card (or other approved facility) utilized in such transaction as lost or stolen unless you have a good faith reason to believe that the credit card (or other approved facility) has been lost or stolen. You further agree that you will not dispute any charge that you authorized.
5.6. Terminating Subscriptions. The Company or Agent may terminate your subscription at any time, and without cause. If you wish to terminate your Full Subscription, you must do so AT LEAST three (3) days prior to expiration or you will be deemed to have elected to continue your subscription for an additional month and will be charged accordingly. You agree to be personally liable for all charges incurred through your account for use of the Site and/or Service. Your liability for such charges shall continue after termination of your subscription for any reason. To terminate your subscription you must first determine who the Agent is for your subscription. This can be determined by examining your bill. [Procedure for termination goes here]
5.7. Customer Service and Refund Policy. If you have a question about a transaction on your credit card statement, please contact [who to contact] using the contact information below. Agents manage the credit and refund policy for the Service on a case-by-case basis. The Company or an Agent will provide you, upon request, access to billing records that support charges for use of the Service. Additionally, you can also contact Company directly regarding a refund by clicking the “Support” tab on the Site and following the on screen instructions.
6.1. Video on Demand. Company currently makes certain video Content available via Video on Demand (“VOD”). VOD is available only to users who have [who this would be available to].
6.2. VOD Pricing Structure. Users who desire to utilize VOD will have the option of doing so by [pricing structure]
7.1. Registration and Security. Purchase of a Full Subscription or Trial Subscription requires registration. During the registration process, you shall provide the Company with accurate, complete, and current billing information. Failure to do so shall constitute a breach of the Agreement, which may result in immediate termination of your subscription. As part of the registration process, you will select a user name (“Naughty ID”) and password. You may not select or use a Naughty ID that: (a) incorporates or is confusingly similar to the name of another person with the intent to impersonate that person; (b) is subject to the rights of any person other than yourself without authorization; or (c) the Company, in its sole discretion, deems offensive.
7.2. No Unauthorized Access. You shall not provide any other person or entity access to your subscription, either directly or indirectly. This includes, without limitation, sending or making available to another party your Naughty ID and/or password. Allowing others to gain unauthorized access to the Service is a breach of the Agreement and a violation of law.
7.3. Confidentiality and Liability for Account Usage. You shall be solely responsible for keeping your password strictly confidential. The Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You are responsible for all usage or activity on your account for the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your subscription at the Company’s sole discretion, and you may be referred to appropriate law enforcement agencies. You may be held liable for any losses incurred by the Indemnified Parties due to someone else’s use of your account or password. You may not use the account, Naughty ID, or password of another person or entity at any time.
7.4. Notice to the Company. You must promptly inform the Company or Agent of the following: (a) changes in the expiration date of any credit card used in connection with the Site; (b) changes in home or billing address; and (c) known or suspected breaches of security, such as loss, theft, or unauthorized disclosure or use of a website user ID, password, and/or credit card information. If you have reason to believe that your account has been compromised, please promptly contact the Company at [who to contact]. Until the Company or Agent is notified of a breach in security, you will remain liable for any use of the Service.
8.1. Governing Law. The Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to the principles of conflict of laws. The Agreement is deemed by the parties to have been executed and delivered in San Diego, California.
8.2. Forum Selection. The parties hereto agree and consent to personal jurisdiction in the State of California for all actions or proceedings arising in connection with the Agreement and further agree that such actions or proceedings shall be tried and litigated exclusively in the State or Federal courts located in the County of San Diego, State of California. The aforementioned forum is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to or arising out of the Agreement in any jurisdiction other than that specified in this paragraph.
8.3. Entire Agreement and Severability. The Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings with respect to the subject matter hereof. Should any provision of the Agreement be invalid, illegal, or unenforceable in any respect, such provision will not affect the validity and enforceability of any other part of the Agreement. Neither party is relying upon any warranties, representations, assurances, or inducements by the other party except as expressly set forth herein.
8.4. Force Majeure. The Company will not be in breach of the Agreement for any failure or delay in performance caused by reasons beyond its reasonable control, if the Company makes reasonable efforts to perform.
9.1. BY PURCHASING A FULL SUBSCRIPTION OR TRIAL SUBSCRIPTION OR BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ THE ELYSIUM VENTURES, LLC. TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THE TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS, AND UNDERSTAND THAT MATERIALS PRESENTED AT THIS SITE INCLUDE EXPLICIT NUDITY, VISUAL AND AUDIO REPRESENTATIONS OF SEXUAL SITUATIONS, AND ADULT LANGUAGE.FURTHER, BY INDICATING ON THE SIGN-UP PAGE THAT YOU HAVE READ AND AGREE WITH THE TERMS OF SERVICE AND BY AUTHORIZING THE USE OF YOUR CREDIT CARD (OR OTHER APPROVED FACILITY) FOR PAYMENT OF CHARGES AND FEES FOR YOUR OBTAINING A SUBSCRIPTION TO THE SITE, YOU AFFIRM THAT YOU HAVE READ THE ENTIRE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS OF SERVICE SET FORTH IN THE AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE AGREEMENT, ARE NOT OVER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION, DO NOT CREATE A FREE ACCOUNT, DO NO ATTEMPT TO PURCHASE A FULL SUBSCRIPTION OR TRIAL SUBSCRIPTION, DO NOT ATTEMPT TO USE THE SITE IN ANY MANNER AND LEAVE NOW!