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Website Terms of Use Agreement

Last Updated: November 28, 2018

THESE TERMS OF USE GOVERN YOUR USE OF THIS WEBSITE. PLEASE REVIEW THEM CAREFULLY, INCLUDING THE ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS BELOW AT SECTION 14.

1. INTRODUCTION

These Terms of Use, as amended from time to time (these “Terms of Use”), apply to all websites, devices and applications that LFP Internet Group, LLC (collectively, “we”, “us” or “our”) operates (either directly or through service providers) that link to these Terms of Use (collectively, the “Website”). By accessing or using the Website, you agree to comply with these Terms of Use, which may be amended from time to time, without prior notice. Your use of the Website after any amendment of these Terms of Use will constitute agreement by you to be bound by such amendments. We encourage you to review these Terms of Use whenever you use the Website. If you do not agree to be bound by these Terms of Use, do not access or use the Website.

You hereby agree that these Terms of Use are supported by good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website and the content, materials and information available thereat, as well as the possible publication of “User Content” as defined below.

In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use certain information about you via the Website. A copy of our Privacy Policy can be found at https://hustler.com/privacy/ & https://hustlerhollywood.com/pages/privacy-policy and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are also signifying your acknowledgement and agreement to the Privacy Policy.

The Website is only made available to users who can lawfully visit, use or access the Website under such users’ applicable laws. If it is not legally permissible for you to visit, use or access the Website, or if you do not agree with any or all of these Terms of Use, do not visit, access or use (or cease using) the Website immediately. By using the Website, you certify that you may lawfully visit, use and access the Website and meet all other eligibility requirements to use the Website.

If you are located outside of the United States, use of the Website is at your own risk and you are solely responsible for compliance with any and all local and national laws applicable to you. By using the Website, participating in any Website activities, and/or providing us with personal information, you (i) consent to the transfer and processing of any information you provide to us via the Website; (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union; and (iii) understand that this Website will deal with your information in accordance with our Privacy Policy and U.S. law. Thus, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.

2. INTELLECTUAL PROPERTY

By using the Website, you thereby acknowledge and agree that (i) the Website and all content therein, as well as any derivative works or enhancements thereof (collectively, the “Website Content”), and all intellectual property rights therein or thereto are owned by us, our licensors, or both; (ii) all trademarks, service marks, trade names and trade dress that appear on the Website are also owned by us, our licensors, or both; and (iii) all Website Content constitutes valuable intellectual property. By accessing or using the Website, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

3. WEBSITE ACCESS AND USE

You acknowledge and agree that you may access, view, download and receive Website Content only as expressly authorized by us in accordance with these Terms of Use and the terms and conditions of your purchase and/or membership to the Website, if applicable, and only on one computer at a time per membership. Access to the Website and the Website Content is provided for your information and personal, non-commercial use only. By using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright laws. Except as expressly permitted in these Terms of Use, you may not use, reproduce, transfer, share, distribute, modify, create derivative works based upon, publicly display, publicly perform, publish, transmit, sell or otherwise exploit any Website Content for any purpose whatsoever. In certain instances, you might be able to download or print Website Content. In such case, you may download or print only a single copy of such Website Content for your own personal, non-commercial use and enjoyment only. You acknowledge that you do not acquire any right, title or interest by downloading or printing any Website Content. Unless expressly permissible under these Terms of Use, you may not:


• remove, alter, cover, or distort any copyright, trademark, or any other rights notice on the Website or Website Content;
• circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any Website Content or enforce limitations on the use of the Website;
• use any automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose whatsoever;
• transmit, distribute or upload programs or material to the Website that contain malicious code, viruses, worms, trojan horses, spyware, or other potentially harmful programs or material;
• forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, or email addresses;
• solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
interfere, impair, overburden, or disable with the operation of the Website;
• modify, decompile, reverse engineer, or disassemble any portion of the Website, any Website content or any feature or functionality of the Website;
• create derivative works of any Website Content;
• use network-monitoring software to determine architecture of or extract usage data from the Website;
• encourage conduct that violates any local, state or federal law, or impersonate another registered user, person or entity;
• take any action that might affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or discourage any person or entity from advertising, linking or becoming a supplier to us in connection with the Website;
• remove any proprietary or other notices on any Website Content;
• violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;
• engage in any conduct that restricts or inhibits any other user from using or enjoying the Website;
• permit any other person or party to view or otherwise use the Website Content in the membership portion of the Website, if applicable;
• charge any person for viewing any Website Content or purport to rent, lease, or transfer any rights in any of the Website Content; and
• exploit or use any Website Content in any way not expressly set out herein.

4. USER REGISTRATION

In order to visit, access or use some features of the Website, you may have to become a registered member. If it is not legally permissible for you to visit, access or use the Website, or if you are under the age of 18, then you are not permitted to register as a member or otherwise to submit personal information.

If you elect to become a registered user of the Website, you agree that you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information with our Processor (defined below). During registration, you will create a user name and password (an “Account”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity.

Where you have subscribed to a membership to the Website and you are paying by means of a credit card/ debit card or other electronic funds transfer mechanism, we will require your affirmative consent, prior to our charging your credit/ debit card or accepting other payment methods. Moreover, should your membership subscription have been initiated by you in response to any free gift, trial, or promotional pricing offer, we will notify you how to cancel the auto-renewal before your credit/ debit card or other electronic payment method are charged and explain the price to be charged when the promotion or free trial ends. If the initial offer is at a promotional price that later will increase, we will seek your consent to the non-discounted price prior to billing.

You agree to notify us immediately at privacy@lfp.com of any breach of security or unauthorized use of your Account.

5. USER CONTENT

We may now or in the future permit users to post, upload, transmit or otherwise make available to us directly or via the Website (collectively, to “post”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). If you post any User Content on the Website, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium and for any lawful purpose any User Content that post on the Website and that we shall be under no obligation (1) to maintain any User Content in confidence (even if it is not published on the Website); (2) to pay compensation for any User Content; or (3) to respond to any User Content. You agree that we have the right but not the obligation to monitor and edit, refuse to post or remove any User Content. It is your sole responsibility to monitor and protect any intellectual property rights contained in your User Content.

You agree that you shall not violate any right of any third party nor post any User Content protected by copyright, trademark, privacy, patent, trade secret, moral right, or other intellectual property, personal or proprietary right without the express permission of the owner of the respective right. You will be solely liable for any injury and damages resulting from your failure to obtain such permission or from any other harm resulting from User Content that you post.

You represent, warrant, and covenant that you will not post any User Content that:


• affects us adversely or reflects negatively on us, the Website, our goodwill, name or reputation, or that discourages any person, firm or enterprise from advertising, linking or becoming a supplier to us in connection with the Website;
• impersonates another person or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
• encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any law;
• is an advertisement for goods or services or is a solicitation of funds;
• includes personal information of any person, such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
• contains a formula, instruction, or advice that could cause harm or injury; or
• results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing.”

Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.

By posting User Content on the Website, you simultaneously grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable right and license to use, reproduce, distribute, create derivative works, publicly display, publicly perform, transmit, and publish the User Content in whole or in part as we, in our sole discretion, deem appropriate. We may exercise the aforesaid grant in any format, media or technology now known or later developed for the full term of any copyright or other intellectual property right that may exist in such User Content. In addition, you also grant other users of the Website permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.

By posting User Content to the Website, you also grant to us the right, but not the obligation, to use your biographical information including your name and location in connection with any use or publication of your User Content. You waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

6. WEBSITE ADVERTISING

You may from time to time receive communications from or use the services or obtain goods or services from third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”) as a result of your use of the Website. All such communications, interactions and transactions are strictly between you and such Advertisers. We shall not be responsible or liable to you in any way in connection with such activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

7. E-COMMERCE

All Website Content, including without limitation features, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. We reserve the right to refuse any order you place with us. Product pictures and descriptions (including color, weight and dimensions, if any) are approximate and are provided for convenience purposes only. The prices displayed on the Website are quoted in U.S. Dollars. Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies and/or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). Many products displayed on the Websites are available in select Hustler Hollywood retail stores in the United States. However, certain products are available exclusively online through the Websites, and these products may have limited quantities and are subject to return or exchange only through the Website according to the applicable return policy.

It is your responsibility to obey all applicable local, state, federal and international laws in regard to your possession and use of all Website Content. By becoming a registered user or by placing an order, you represent that the Website Content and/or products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.

When an order for goods is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping instructions and any restrictions contained on the Website. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

You acknowledge that some products offered for sale on the Website may be unavailable. We may make changes about price and availability of products without notice. Although it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

The Website may allow you to make payments using a number of different payment sources, such as by credit card and debit card. When you provide a payment source to us, you warrant that you are authorized to use such payment source. You also authorize us and/or our payment processor to collect and store such payment source, along with related transaction information. When you make a payment, you authorize us and our designated payment processor to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. Billing your card may occur at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee.

If you believe that an unauthorized transaction has taken place under your account, you agree to notify us immediately thereof so that we may attempt to prevent financial loss. To the fullest extent permitted by law, you waive any and all claims against us related to any payments unless you submit the claim to us within thirty (30) days after the charge. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that are caused by or arise out of payments that you authorized or accepted.

Your only remedy for a technical failure or interruption of Website service is to request that your transaction be completed at a later time.

8. WEBSITE CONTENT & THIRD PARTY LINKS

We provide the Website including, without limitation, Website Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.

Website Content may include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by any third-party.

If there is a dispute between you and any other person accessing the Website or between you and any third party, you agree that we are under no obligation to become involved in such a dispute. If there is such a dispute, you hereby release the Website, us, and our respective officers, directors, employees, partners, agents, licensors, service providers, strategic partners, landlords, lenders, management companies and distribution partners, and each of their related companies (collectively, the “Indemnified Entities”) from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.

The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or endorse the content found on such third-party websites. You assume sole responsibility for your use of any third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website. If you use any third-party link, you will leave the Website and your activities may be governed by other terms and conditions and privacy practices. Third-party links are provided solely for the convenience and information of the Websites’ users.

9. INDEMNIFICATION

You agree to indemnify and hold harmless the Indemnified Entities from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided or posted by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

10. DISCLAIMERS

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. ADDITIONALLY, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE CONTENT, AND ALL PRODUCTS AND SERVICES PROVIDED BY US, IS BORNE EXCLUSIVELY BY YOU. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. THE WEBSITE AND WEBSITE CONTENT AND ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE OR OTHERWISE PROVIDED BY US TO YOU, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE INDEMNIFIED ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE WEBSITE WILL BE CORRECTED.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE INDEMNIFIED ENTITIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE, OUR PRIVACY POLICY, OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

IF THE WEBSITE OR WEBSITE CONTENT, ANY PRODUCT OR SERVICE PROVIDED TO YOU BY US PROVES TO BE DEFECTIVE AND/OR CAUSES ANY INCONVENIENCE TO ANY PERSON OR HARM TO YOUR COMPUTER, YOU HEREBY ASSUME ALL LIABILITIES, COSTS AND DAMAGES RESULTING DIRECTLY OR INDIRECTLY THEREFROM. YOU AGREE AND ACKNOWLEDGE THAT ALL DISCLAIMERS AND LIMITATIONS OF OUR LIABILITY SET OUT IN THESE TERMS OF USE CONSTITUTE AN ESSENTIAL PART OF THESE TERMS OF USE AND ANY AGREEMENT. NEITHER WE, NOR OUR SUPPLIERS, LICENSEES, SUBSCRIBERS, RESELLERS, OR OTHER WEBSITE USERS OR SUBSCRIBERS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY COMMERCIAL DAMAGES RESULTING FROM ANY USE OF THE WEBSITE OR ANY WEBSITE CONTENT FROM TIME TO TIME.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE INDEMNIFIED ENTITIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY THE INDEMNIFIED ENTITIES DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

The foregoing limitations shall apply to the fullest extent permitted by law.

12. TERMINATION

We reserve the right in our sole discretion and at any time to terminate or suspend your Account and/or block your access to the Website for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that the Indemnified Entities shall not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Website.

Any suspension or termination of your Account shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use shall survive the suspension or termination of your Account or these Terms of Use, including, without limitation the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action and no trial by jury.

13. COPYRIGHT POLICY

In certain circumstances and at our sole discretion, we may terminate and/or disable the Account of users suspected to be infringing the copyrights (or other intellectual property rights) of others. In appropriate circumstances and in our sole discretion, we may also remove or disable access to Website Content or other materials on the Website that may be infringing any third party rights.

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (“Designated Agent”). Our Designated Agent may be reached via email at: privacy@lfp.com, and via regular mail at Legal Department, LFP Internet Group, LLC, 8484 Wilshire Blvd., Suite 900, Beverly Hills, CA 90211.

If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your copyright has been infringed, please report your notice of infringement to our Designated Agent in writing that includes substantially the following:

•A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly being infringed.
•Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at the Website.
•Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that you wish to be removed or access to which you wish to be disabled, and information reasonably sufficient to permit us to locate the material, such as a specific URL address.
•Information reasonably sufficient to permit us to contact you, such as an address, telephone number or email address at which you may be contacted.
•A statement that you have a good faith belief that use of the material on the Website is not authorized by the copyright owner, its agent, or otherwise permissible by law.
•A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.

Any information or correspondence that you provide to us may be shared with third parties, including, without limitation, the person who provided us with the allegedly infringing material.

With respect to User Content, upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user who posted such User Content that we have removed or disabled access to such material and, for repeat offenders, to terminate such user’s access to the Website.

If you believe that your User Content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
• Identification of the User Content that was removed, and the location on the Website where it would have been found prior to its removal;
• A statement, under penalty of perjury, that you have a good faith belief that your User Content was removed as a result of a mistake or misidentification; and
• Your physical or electronic signature, together with your contact information (address, telephone number and email address).

If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that the removed material will be reinstated. In such case, unless the original complaining party files an action seeking a court order against us, the removed material may be replaced or access to it restored at any time after receipt of the counter-notice, at our discretion.

14. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT

A.Initial Dispute Resolution. We are available by email at privacy@lfp.com to address any concerns you may have regarding use of the Website. We and you (the “Parties”) shall use our best efforts to settle any dispute, claim, question or disagreement ("Dispute") directly through consultation and good faith negotiations, which shall be a precondition to either party initiating legal proceedings of any type. The party asserting the Dispute shall provide written notice to the other party (by overnight courier, first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent (1) to us at the address set forth in section 14 (F), or (2) to you at: your last-used billing address, the billing and/or shipping address in your profile, or your email address, if do not have any other address for you.

B. Agreement to Binding Arbitration. In the event that the Parties are unable to resolve any dispute informally, then such dispute shall be submitted to final and binding arbitration. The arbitration shall be initiated and conducted according to either the JAMS Streamlined Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor ("JAMS") in effect at the time the request for arbitration is made (the "Arbitration Rules"). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the dispute. However, the Parties agree that disclosure shall be limited in any such arbitration to no more than two (2) depositions per Party, each no more than (4) hours in length; no more than ten (10) written requests for documents; no more than ten (10) requests to admit; and no more than five (5) written interrogatories. The Parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the adult entertainment industry or e-commerce industry, as applicable. If either Party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys' fees, incurred in enforcing the award, to be paid by the Party against whom enforcement is ordered.

Injunctive Relief. Notwithstanding the foregoing, either Party shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Terms of Use) in the state and federal courts of Los Angeles County. Other Matters. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Terms of Use), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County. NOTICE: YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INVOLVING THESE TERMS OF USE TO BE DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MAY POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. IN SO AGREEING YOU ARE ALSO GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. NEVERTHELESS YOUR AGREEMENT TO THIS ARBITRATION IS VOLUNTARY.

C. Class Action and Class Arbitration Waiver. The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. You and we agree that each may bring claims against the other in arbitration only and only on an individual basis and in so doing you and we hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in section 14(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. However, if a court decides that applicable law precludes enforcement of any of this section 14’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. D. Exceptions – Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party’s intellectual property rights.

E. Exceptions – Small Claims Court Claims. Notwithstanding the Parties’ agreement to resolve all disputes through arbitration, either Party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.

F. 30 Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in sections 14(A), 14(B), 14(C) and 14(D) by sending written notice of your decision to opt-out to the following address: LFP Internet Group, LLC, 8484 Wilshire Blvd., Suite 900, Beverly Hills, CA 90211, Attn: Legal Department. The notice must be sent within thirty (30) days of your first access of, or your registration to use, the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

G. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 14(B) do not apply, the Parties agree that any litigation between them shall be filed exclusively in state or federal courts located in State of California, County of Los Angeles (except for small claims court actions which may be brought in the county where you reside, provided that we are subject to jurisdiction there). The Parties expressly consent to exclusive jurisdiction in the State of California, County of Los Angeles for any litigation other than small claims court actions. The Parties also expressly agree that, to the extent that the arbitration provisions set forth in Section 14(B) do not apply, these Terms of Use shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of California.

15. AMENDMENT; ADDITIONAL TERMS

We reserve the right, at any time and in our sole discretion, to modify or amend the Website and/or any Website Content, service, feature or product offered through the Website, with or without notice; charge fees in connection with the use of the Website; modify and/or waive any fees charged in connection with the Website; and/or offer opportunities to some or all users of the Website; and to modify or amend these Terms of Use, and to incorporate additional terms or conditions governing use of the Website (“Additional Terms”). Any Additional Terms that we may incorporate from time to time are hereby incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. Any modifications to these Terms of Use will take effect upon posting of a link thereto on the Website. We encourage you to review these Terms of Use from time to time for any changes or Additional Terms. Accessing the Website following any modification of these Terms of Use or the incorporation of Additional Terms will signify your assent to and acceptance thereof. You may not alter, delete, add or change or edit any of these Terms of Use, and any such attempted alteration shall be void and of no effect. If you object to any subsequent revision of these Terms of Use or to any Additional Terms, immediately discontinue using of the Website and terminate your Account, if any. We reserve the right in our sole discretion and at any time and for any reason, to discontinue the Website, any Website Content or any aspect or feature of the Website. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any Website Content, service, feature or product offered through the Website.

16. PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE

Any personal information you submit, post or that we collect through the Website is governed by our Privacy Policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Website (the "Privacy Policy") or which may be found at https://hustler.com/privacy/ & https://hustlerhollywood.com/pages/privacy-policy. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy.

17. MISCELLANEOUS

No waiver by a Party of any default, misrepresentation, or breach of warranty or covenant hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default, misrepresentation, or breach of warranty or covenant hereunder or affect in any way any rights arising because of any prior or subsequent such occurrence. No delay or omission by a Party to exercise any right or power occurring upon any breach or default by the other Party with respect to any of the terms of these Terms of Use shall impair any such right or power or be construed to be a waiver thereof. Section headings are for convenience only and shall have no legal effect. If any provision of these Terms of Use, or the application thereof, shall for any reason and to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable under applicable law, a valid provision that most closely matches the intent of the original shall be substituted and the remaining provisions of these Terms of Use shall be interpreted so as best to reasonably effect their original intent. These Terms of Use (including the Privacy Policy and any Additional Terms) constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

18. PURCHASE TERMS

If you elect to submit your credit/debit card or other payment information to purchase a membership, if applicable, or merchandise via the Website, you will be deemed to have read and agreed to these Terms of Use in addition to all the terms and conditions of the relevant credit card processing entity (the “Processor”) retained by us from time to time for processing your purchase or membership. You acknowledge and agree that these Terms of Use constitute a binding agreement between you, us and the Processor. To complete your purchase you will be transferred to the secured server of the Processor (hereinafter, "Service Provider", an independent company providing credit card and check processing services and other billing services for Web Site operators, such as Epoch.

Neither Service Provider nor any person or company related to Service Provider holds any ownership interest in this Website, nor receives any financial benefit from this Website, other than a fee paid by the owner of this Website to Service Provider for the services performed by Service Provider. Service Provider HAS NO CONTROL OVER THE WEB SITE, or any of the design, layout, content, subject matter, products, services or persons that appear in or on or that are linked to the Website, or the geographical areas into which it may disseminate, broadcast or permit the downloading of or access to the content or services offered by the Website. Accordingly, Service Provider makes absolutely no representations and/or warranties, and provides no assurances, regarding the Website, the Website owner, or the quality, availability, legality or description of the products and/or services offered thereon. SERVICE PROVIDER EXPRESSLY DISCLAIMS ANY WARRANTIES OF CLIENT'S MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEB SITE AND/OR THE PRODUCTS AND SERVICES OFFERED HEREON.

Any disputes arising in connection with this Website, or the products and/or services being offered or purchased, are between you and the owner of this Website. In certain circumstances, Service Provider may provide billing customer service for the Website, in which case Service Provider may be handling such disputes for the owner on a contract basis, but without any liability therefor. In all other cases, disputes should be directed to the contact information contained on the Website; however, you should feel free to contact Service Provider in the event that you feel that the Website operator acted fraudulently, or you were misled in any way. Service Provider urges you to carefully read the entirety of these Terms of Use, and to ask the Website operator any questions you may have regarding the service/product before completing the subscription or other transaction, by using the contact information on this Website.

By submitting your request for authorization of your transaction, you acknowledge having read, understood and agreed to the terms and conditions herein stated, AND agree to indemnify, defend, and hold Service Provider harmless from any and all liabilities, damages (including attorneys fees and associated costs) and other costs and expenses arising in connection with your visit to or use of this Web Site, and/or your purchase or offer to purchase any of the products and services offered hereon.

A. Once your credit/debit card or other payment method is approved by the Processor, your purchase of merchandise from the Website will be processed or your membership will be activated, as applicable.

B. Payment Authorization/ Notice of Lost or Stolen Card/ Fraudulent Use of Card.

• Payment for your membership to the Website or for goods or services purchased by you via the Website may be made by credit/debit card (or other approved payment methods and facilities) and you hereby authorize us, our successors and permitted assigns and their agents, such as merchant credit card processors to effect and transact such payments on your behalf.

• You hereby authorize us, our successors, designated agents and permitted assigns to charge your credit card (or other approved payment methods and facilities) for your membership to the Website and for any purchases of goods or other services via the Website. You expressly agree that the authorization to charge your credit/credit card includes the authority of our payment processing agents from time to time, successors in interest and any licensees to charge your credit/debit card for your membership to the Website and any other goods or services you purchase at the Website.

• You agree to promptly notify us and our Processor of any loss or theft of the credit/debit card used to pay for your membership to the Website or for other goods or services purchased via the Website; changes in the expiration date of the credit/debit card; changes in your home or billing address; any actual or apparent breaches of security regarding your membership, access to or use of the Website, such as any theft or unauthorized disclosure or use of your user ID or password; and any other changes pertaining to your credit/debit card used to purchase a membership or to pay for goods or services via the Website that might affect our ability to obtain payments from you when due to us. You agree that you will remain liable for any unauthorized access or use of the Website associated with your membership, until such time as you have notified us in writing as set out below (Adult Websites Only).

• You hereby agree that in the event of any fraudulent report by you of a lost or stolen credit/debit card used to obtain a membership, goods or services from the Website, or any fraudulent report by you of an unauthorized charge to us on your credit/debit card, you shall be liable to us for liquidated damages of $25,000.00. This liability for liquidated damages shall not limit any other liability you may have for the breach of any other term, condition, promise or warranty set forth in these Terms of Use.

C. Auto-Renewal. Where you have subscribed to a membership to the Website and you are paying by means of your credit/ debit card or other electronic funds transfer mechanism, our Processor will require your affirmative consent, prior to charging your credit/ debit card or accepting other payment methods. Moreover, should your membership subscription have been initiated by you in response to any free gift, trial, or promotional pricing offer, our Processor will notify you how to cancel the auto-renewal before your credit/ debit card or other electronic payment method are charged and explain the price to be charged when the promotion or free trial ends. If the initial offer is at a promotional price that later will increase, we or our Processor will seek your consent to the non-discounted price prior to billing.

19. ADULT WEBSITE PROVISIONS

A. You acknowledge and agree that to the extent that you bookmark to enter the Website on a page that bypasses notices, warning, age verification or these Terms of Use, such action will constitute an acceptance by you of these Terms of Use, as well as an express acknowledgment by you that you are not less than the age of majority under the relevant laws of your legal jurisdiction.

B. SEXUALLY EXPLICIT MATERIAL & ACCESS AUTHORIZED TO ADULTS ONLY.

ALL WEBSITE CONTENT AND MATERIALS DISPLAYED OR OTHERWISE MADE AVAILABLE ON THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS AND ONLY IN LOCATIONS WHERE ALL SUCH WEBSITE CONTENT AND MATERIALS DO NOT VIOLATE ANY RELEVANT COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR THE COUNTRY WHERE SUCH PERSON OR PERSONS ARE LOCATED.

NO PERSON UNDER THE AGE OF MAJORITY IN SUCH PERSON’S LOCATION OR JURISDICTION MAY VIEW OR POSSESS ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON THE WEBSITE OR PLACE ORDERS FOR ANY GOODS OR SERVICES OFFERED ON THE WEBSITE. ANY ACCESS TO THE WEBSITE OR ANY OF ITS WEBSITE CONTENT AND MATERIALS BY A MINOR SHALL CONSTITUTE UNAUTHORIZED ACCESS TO STORED COMMUNICATIONS PROHIBITED BY THE STORED COMMUNICATIONS ACT, 18 U.S.C. SECTIONS 2510-2520 AND POSSIBLE VIOLATION OF OTHER RELEVANT LAWS.

UPON ACCESSING THE WEBSITE, YOU AFFIRM, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY AT OR ABOVE THE AGE OF MAJORITY IN THE PLACE WHERE YOU ARE PHYSICALLY PRESENT AND POSSESS THE LEGAL CAPACITY TO ENTER INTO THESE TERMS OF USE. YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU UNDERSTAND AND ARE AWARE THAT MUCH OF THE WEBSITE CONTENT AND OTHER MATERIALS AVAILABLE AND PRESENTED AT THE WEBSITE INCLUDES EXPLICIT NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL AND TRANSSEXUAL ACTIVITIES; THAT YOU ARE FAMILIAR WITH AND ARE NOT OFFENDED BY MATERIALS OF THIS KIND. BY VISITING OR BECOMING A MEMBER OF THE WEBSITE, YOU ARE NOT OFFENDED BY SUCH WEBSITE CONTENT AND OTHER MATERIALS; AND THAT YOU AGREE TO THESE TERMS OF USE AND WARRANT THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING FOR ENTERTAINMENT AND/OR EDUCATIONAL PURPOSES ONLY.

C. Restricted Locations. You agree that you shall not use or access any Website Content in any manner not expressly authorized by us and shall at no time access, view, download, receive or permit others to access, view, download, receive or otherwise use Website Content in locations, jurisdictions or countries where accessing, possessing, viewing, downloading, dissemination of, or other use of the Website or any Website Content would constitute a violation of any law, regulation, rule or custom, or is otherwise prohibited (“Restricted Locations”) and, thus, such access, viewing, downloading, receipt or other use is not authorized by us. You hereby acknowledge that neither we nor any of our employees, officers, directors, employees, agents, servants or licensees authorize you or any other person located in any Restricted Location to use the Website or to access, view, download, duplicate, receive, transmit or broadcast any Website Content. You also agree that any such unauthorized use of Website Content shall constitute an infringement of these Terms of Use and of the intellectual property and other rights in such Website Content. Any access of and Website Content or any part of the Website from a Restricted Location violates various laws of the United States and other civil and criminal laws.

D. Indemnification for Unauthorized Use of the Website or Website Content. You understand and acknowledge that you will be personally liable and you agree to hold harmless and indemnify us, our employees, officers, directors, employees, agents, servants, licensees, successors and assigns for any and all damages directly or indirectly resulting from any unauthorized use of the Website or Website Content by you, either alone or with any other person, including without limitation, against all direct and consequential damages resulting from any unauthorized use, viewing, accessing or downloading of any Website Content.

E. Trial User Account; Fees; Cancellation. By accepting any trial offer to become a member of the Website, you agree to the following terms and conditions:

Your trial user account, subscription or membership will entitle you to access the Website for the number of hours/days as set forth in the trial offer then current on the Website when you signed-up, such hours commencing upon your submission of your trial membership application to us via the Website. Unless cancelled, at the expiration of the trial membership period, your trial membership will automatically be converted to a standard monthly membership to the Website at our standard membership rate, recurring on a monthly basis until cancelled. Membership rates to the Website are subject to change at any time at our sole and absolute discretion.

WHEN YOU SIGN-UP FOR THE TRIAL MEMBERSHIP (OR ANY OTHER SUBSCRIPTION TO THE WEBSITE) YOU WILL BE ACCORDED THE PRIVILEGE TO OPT OUT OF ANY AUTOMATIC RENEWAL SCHEDULED FOR THE END OF THE TRIAL MEMBERSHIP (OR OTHER SUBSCRIPTION). THIS IS A SIMPLE CLICK THE BOX PROCEDURE. YOU CAN ALSO NOTIFY US (AND OUR PROCESSOR) PRIOR TO THE END OF THE TRIAL (OR OTHER) MEMBERSHIP PERIOD OF YOUR DESIRE TO CANCEL BY CONTACTING US BY E-MAIL AT SUPPORT@LFP.COM . WE WILL ADVISE THE APPROPRIATE PROCESSOR WHO CAN FINALIZE YOUR CANCELLATION. CANCELLATIONS ARE EFFECTIVE UPON FINALIZATION BY THE APPLICABLE PROCESSOR, NOT UPON RECEIPT BY US.

Where you wish to pay by means of a credit card/ debit card or other electronic funds transfer mechanism, we or the appropriate Processor will require your affirmative consent, prior to charging your credit/ debit card or accepting other payment methods.

Since your membership subscription was initiated by you in response to a trial, or promotional pricing offer, you will also be notified again how to cancel auto-renewal before your credit/ debit card or other electronic payment method is charged and explain the price to be charged when the promotion or free trial ends. Since for trial memberships, the initial offer is at a promotional price that later will increase, we or the appropriate Processor will seek your consent to the non-discounted price prior to billing.

Where you authorize us or the appropriate Processor to charge your credit/debit card for any and all purchases of memberships, products or services available via the Website you agree to be personally liable for all charges incurred by you. Your liability for such charges shall continue after the expiration or early termination of your membership to the Website.

F. Transfer or Assignment of Membership or Access to Website. You agree that you shall not, under any circumstances, have the right to transfer or assign your membership, password or access to the Website to any other person or entity, and that any attempted transfer or assignment shall be void. Any access to any Website Content by any person other than you using your password or other access means shall constitute a breach of these Terms of Use and shall violate inter alia our intellectual property rights in the Website and the Website Content, and may violate various civil and/or criminal laws. You acknowledge and agree that we may at any time and without prior notice to you transfer or assign your membership of the Website to an affiliated or non-affiliated company. You also agree that we may transfer your credit card information to such assignee solely for the purpose of processing your continued membership to the Website.

G. Termination of Membership. Your liability to pay all charges incurred during your membership of the Website shall continue after the expiration or termination of your membership for any reason. You also agree that you will be liable to us for any unauthorized use of the Website in connection with your membership after the termination of such membership.

H. Password Security. Member areas of the Website are accessed through the use of a login name and password chosen by you when you become a member. You must keep your password strictly confidential and you agree that if you share your login name and/or password with another person, your membership and access to the Website may be immediately terminated without notice or reimbursement of any kind. Sharing of passwords or other method of unauthorized access to the Website with any other person is strictly forbidden, exceeds the rights granted to you as a member, violates our intellectual property rights and may violate various civil and criminal laws.

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