(BPT Film Group, LLC dba Exploitation TV)
TERMS OF SALE
SUBSCIBER: By subscribing to Exploitation.TV you agree that Exploitation.TV may deduct $10.00 per month under the Monthly Plan or $84.00 per year under the Yearly Plan from your PayPal account. You may cancel your subscription/membership at any time. Any registered user is able to transform their account into a Monthly or Yearly account at any time. Buying the Monthly or Yearly plans may grant you some special features which may be changed at any time without further notice. Monthly and Yearly accounts are on a subscription basis. You need to pay the given monthly or yearly fee in order to maintain your account status. If you want to cancel your subscription you will need to login to you PayPal account at https://PayPal.com and cancel the subscription in your PayPal User-Interface or click on Account Cancellation under your Exploitation.TV Account settings. Exploitation.TV is able to cancel your account and may refund your last payment under special criteria but is not obligated to refund any payment. A monthly membership will last 30 days after your last payment has been placed on PayPal. A yearly membership will last 365 days after your last payment has been placed on PayPal. Fraud related to the payment process will lead to legal prosecution
TRIAL USER: 7 day free trial.
By accepting the trial access to the Website You authorize the charges set forth below and agree to the following terms and conditions:
Your trial user account will entitle You to access Exploitation.TV for 7 days starting upon the moment You submit Your trial account application to the Website. You agree that if You do not send us a notice of cancellation of Your trial user account before the expiration of Your trial usage, we shall automatically and without further notice: convert Your trial usage to a purchase of a standard monthly or yearly membership to Exploitation.TV at the standard rate. Standard memberships will recur on a monthly or yearly basis until cancelled. Rates and fees for viewing Materials on the Website are subject to change at any time at our sole and absolute discretion.
TO CANCEL AUTOMATIC RENEWAL AT THE END OF THE TRIAL USAGE PERIOD, YOU MUST NOTIFY US PRIOR TO THE END OF THE TRIAL USAGE PERIOD, BY CONTACTING US BY E-MAIL OR U.S. MAIL (AT THE THE CURRENT CONTACT POINTS PROVIDED UNDER THE “SUPPORT” SECTION OF THE WEBSITE).
All cancellations received by us will be effective upon receipt. We may, at any time and at our sole discretion, cancel any paid access fees or subscriptions.
You authorize us to charge Your PayPal account for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, Website You agree to be personally liable for all charges incurred by You during or through the use of Website. Your liability for such charges shall continue after termination of Your usage of the Materials.
TERMINATION OF ACCESS: A User's access to Exploitation.TV will be terminated if, under appropriate conditions, the User is determined to have infringed on any of the terms and conditions of this agreement. Your liability for all charges incurred during Your usage of the Materials shall continue after termination, for any reason. If you cancel your subscription your account will be downgraded to limited access.
The terms and conditions of this Agreement are subject to change by Exploitation.TV at any time in its sole discretion and you agree be bound by all modifications, changes and/or revisions. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you may not use Exploitation.TV.com. You may not alter, delete, add or change or edit any of these Terms and Conditions, and any such attempted alteration shall be void and of no effect.
The terms and conditions contained herein apply to all users of Exploitation.TV whether a 'visitor', ‘trial member’ or a 'member' and you are only authorized to use Exploitation.TV.com if you agree to abide by all applicable laws and be legally bound by the terms and conditions of this Agreement. This agreement will become binding upon Your clicking the applicable button to submit Your PayPal payment or other payment method information to the Website for approval. Upon the Company approving your PayPal payment, credit card, check, telephone billing or other payment means, You may access the Website and receive your selected video content.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, upon Your submission of Your credit card, online check or other authorized means of payment for Your purchase, which shall constitute Your consent and agreement to these Terms and Conditions, and the proper processing of such credit card, check or other authorized payment means for the payment of all required purchase charges or fees, we agree to provide to You access to the content you have elected to view on the Website.
You agree that any action on Your part to bookmark to a page on this Website whereby the Warning Page, the Age Verification Page, and/or the Terms and Conditions Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgment by You of the fact that You are an adult (at least 18 years of age or of the age of majority under the laws of Your state, province or country).
Exploitation.TV is a membership-based content streaming service and informative interactive website that allows registered users for the general viewing of various types of genre-film, cult and exploitation content. In addition, Exploitation.TV may also contain items for sale and information and other materials posted/uploaded by users. Exploitation.TV allows its users to view the Content and Website subject to the terms and conditions of this Agreement.
The Exploitation.TV website may also contain certain links to third party websites which are in no way owned or controlled by Exploitation.TV. Exploitation.TV assumes no responsibility for the content, privacy policies, practices of any and all third party websites. Exploitation.TV cannot censor or edit the content of third party sites. You acknowledge that Exploitation.TV will not be liable for any and all liability arising for your use of any third-party website.
Exploitation.TV.com is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by Exploitation.TV. Any illegal and/or unauthorized use of Exploitation.TV is prohibited including but not limited to collecting usernames and e-mail addresses for sending unsolicited emails or unauthorized framing or linking to the Exploitation.TV website is prohibited.
In order to use this website, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the website where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you are not permitted to use the website.
ACCESS AUTHORIZED TO ADULTS ONLY…NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW ANY OF THE CONTENT AND MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR THROUGH THE WEBSITE. ANY ACCESS TO THE WEBSITE OR ANY OF ITS 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 VIOLATIONS OF OTHER LAWS.
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
SEXUALLY EXPLICIT MATERIAL
For the purpose of this agreement the following differentiation is made: Exploitation.TV defines “Porn” and/ or “Adult” content as photographs or video imagery of real people carrying out any type of sexual activity and/or drawn depictions or written descriptions of fictitious characters carrying out such actions.
This website and it’s products are exempt from the record keeping requirements of 18 U.S.C. 2257 because this website and it’s products contains only visual depictions of actual sexually explicit conduct made before July 3, 1995, or is produced, manufactured, published, duplicated, reproduced, or reissued before July 3, 1995; or the matter contained within this website contains only visual depictions of simulated sexually explicit conduct; and/or the matter within this website contains only some combination of the visual depictions described in paragraphs (a)(1) and (a)(2) of 28 C.F.R. 75.7.
By using this site, you represent and warrant the following:
1. You are at least 18 years of age (21 years of age in AL, MS, NE, WY, and any other location where the age of majority is greater than 18).
2. You are interested in accessing and viewing sexually oriented content.
3. You will not expose the content to a minor or any person who may find the content offensive.
4. You are familiar with the standards in your community regarding sexually oriented materials.
5. You understand and accept that you may be exposed to visual images and sounds that graphically depict nudity and sexual activity, or are otherwise sexual and erotic in nature.
THERE MAY BE CONTENT AND MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE ALL THE CONTENT, MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY LAW OF ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENT AND MATERIALS OF THE WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE WEBSITE.
YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE CONTENT AND MATERIALS PRESENTED AT, AND/OR DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, WHICH MAY INCLUDE, WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND/OR TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING FOR ENTERTAINMENT AND/OR EDUCATIONAL PURPOSES ONLY.
Exploitation.TV abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography or any other type of obscene and/or illegal material shall not be tolerated by Exploitation.TV. Exploitation.TV shall not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography
You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or other making them available on Exploitation.TV. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Exploitation.TV content which is illegal, unlawful, harassing, harmful, threatening, tortuous, abusive, defamatory, obscene, libelous, invasive of one's privacy including but not limited to personal information, hateful, racial. You also agree that you shall not post, upload, publish, transmit or make available in any way on Exploitation.TV software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment. You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Exploitation.TV content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control; engage in, promote, You agree that you shall not (nor others using your account) post, upload, publish, transmit or make available in any way on Exploitation.TV content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals; You agree not to use Exploitation.TV in any way that exposes Exploitation.TV to criminal or civil liability.
Hacking, bypassing and/or using bugs to gain unfair access and/or advantages or to illegally gain benefits will result in a ban. Any attempt to harm any service provided by Exploitation.TV (e.g. by hacking, bug-using, etc) will result in legal prosecution. You agree that Exploitation.TV shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of the terms and conditions contained herein.
The Content contained on Exploitation.TV, with the exception of User Submissions, including but not limited to the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos contained therein, are owned by and/or licensed to Exploitation.TV, subject to copyright and other intellectual property rights under United States, Canada and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Exploitation.TV reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the Exploitation.TV or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Exploitation.TV Website or the Content therein.
You may not use any metatags, hashtags or any other hidden text utilizing Exploitation.TV or any other name, trademark or product or service name of Exploitation.TV without our written permission. In addition, the look and feel of the Exploitation.TV service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Exploitation.TV and may not be copied, imitated or used, in whole or in part, without our written permission.
GRANT OF LIMITED LICENSE WITH RESERVATIONS
In consideration of the payment of access fees, together with certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, we hereby grant You a limited, nonexclusive and nontransferable license to view the content and the materials selected by You from the Website (hereafter the "Materials") solely for Your personal non-commercial use, during the period of time You have selected.
You acknowledge and agree that all Materials contained on the Website are proprietary and constitute valuable intellectual property owned by us or others who have licensed use of such Materials to us. You acknowledge and agree that as such You may access, view, download and receive the Materials available at the Website only as specifically authorized by us and in accordance with the terms and conditions of Your purchase, only on three devices at a time, per purchase, for Your own personal noncommercial use and enjoyment. You further acknowledge that we specifically prohibit You from doing any of the following acts, and You agree not to do any of these prohibited acts: (a) permitting other individuals to directly or indirectly view or otherwise use the Materials; (b) modifying, translating, reverse engineering, decompiling, disassembling the Materials or any feature or functionality of the Website (except to the extent applicable laws specifically prohibit such restriction); (c) making copies or creating derivative works based on the Materials of any kind; (d) renting, leasing, or transferring any rights in the Materials; (e) removing any proprietary notices or labels on the Materials; and, (f) making any other use of the Materials not expressly permitted herein.
You further represent and warrant to us that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by us. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use Materials, directly or indirectly in places which we do not authorize such access, viewing, downloading, receipt or other use (see PROHIBITED AREAS below).
You hereby acknowledge that You understand that we (and all persons affiliated us) do not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials contained on the Website to or by any person, INCLUDING YOU, that is located in any of the geographic regions designated as PROHIBITED AREAS.
You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Materials from the Website, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of Materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of our and potentially others' intellectual property rights and other rights in such Materials and shall further constitute a violation of our trademarks and other rights. Further any access to Materials or any part of the Website from PROHIBITED AREAS shall constitute access to stored communications in excess of authority granted to do so and violates our intellectual property rights and may violate 18 U.S.C. Sections 2510-2520 and other civil and criminal laws.
All of the following areas constitute PROHIBITED AREAS from which no part of the Website may be accessed, viewed, downloaded or otherwise received:
All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates and All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom.
INDEMNIFICATION FOR UNAUTHORIZED USE OF PROPRIETARY MATERIALS
You agree to be personally liable and fully indemnify us and our successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized viewing, accessing, downloading or other duplication of Materials from the Website by You alone, or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized viewing, accessing or downloading of Materials from the Website.
TRANSFER OR ASSIGNMENT OF ACCESS
You agree that You shall not, under any circumstances, have the right to transfer or assign Your access to Materials on the Website to any other person or entity, and that any attempted transfer or assignment shall be void. Any access to Materials by any person other than You using Your password or other access means shall constitute access in excess of the license granted herein and shall violate our intellectual property rights and may violate civil and criminal laws, including the Stored Communications Act.
You further agree that we may, at any time at our sole discretion and without prior notice to You, transfer or assign Your access rights to the Materials of the Website to an affiliated or non-affiliated company. You agree that we may transfer Your credit card information to such assignee solely for the purpose of processing continued access by You of the Materials.
PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF CARD
Payment for the services provided to You at, and/or through Website may be made by automatic credit card debit or via online checks and You hereby authorize us, our successors and assigns and their agents, such as merchant credit card processors (e.g., Epoch, etc.) to transact such payments on Your behalf.
You hereby authorize us or our successors, designated agents and assignees to charge Your credit card (or other approved payment methods and facilities) for any and all purchases of products, services and entertainment provided to You by the Website. You expressly agree that the authorization to charge Your credit card herein is extended to authorize any of our processing agents, successors in interest or any licensees of us to charge Your credit card for access to the Materials on the Website and for other goods or services which You purchase at or in connection with the Website in accordance with these Terms and Conditions during the period that any such party processes for us, sells access to, or operates the Website.
You further agree You must promptly inform us of any and all the following: loss or theft of the credit card used to pay for access to the Materials of the Website or other goods or services obtained in, at or through Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your access and usage, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect our ability to expeditiously obtain payments due us. You agree that You will remain liable for any unauthorized access or use of the Materials of the Website or any of its services associated with Your access fees, until You have notified our Customer Service representative or department , whose current contact points are provided under the “Support” section of the Website.
You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from the Website or any fraudulent reporting of an unauthorized charge to the Website on Your credit card which has been made by You or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to the Website remains outstanding at the time of such fraudulent reporting, You shall be liable to us for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
You further acknowledge and agree that You will remain liable to us for any unauthorized use of the Website associated with Your access or usage of the Materials after the termination of this Agreement.
You are responsible for providing all personal computer and communications equipment necessary to gain access to the Materials on the Website which you have selected and paid for. Access to and use of the Materials Website is through the use of a password. You must keep this password strictly confidential and You agree that if You share Your unique Login name and/or Your Password with another individual that Your access to the Materials of the Website is subject to immediate termination without notice or reimbursement of any kind. Any sharing of passwords or any other methods of unauthorized access to the Website Materials with any other person is strictly forbidden. Any such password sharing exceeds the authority granted to You to access the Materials, violates our intellectual property rights and may violate civil and criminal laws, including the Stored Communications Act.
NO WARRANTIES; LIMITATIONS ON OUR LIABILITY
YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY US, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIALS, AND ALL SERVICES PROVIDED BY US, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY US, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL WE, OUR SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE.
ANY OF OUR LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF ACCESS OR USAGE FEE PAID BY YOU TO US. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.
YOU AGREE THAT YOUR USE OF THE EXPLOITATION.TV WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPLOITATION.TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. EXPLOITATION.TV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EXPLOITATION.TV WEBSITE. EXPLOITATION.TV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EXPLOITATION.TV WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EXPLOITATION.TV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EXPLOITATION.TV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EXPLOITATION.TV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; PERSONAL INJURY OR PROPERTY; DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EXPLOITATION.TV WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EXPLOITATION.TV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless Exploitation.TV, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: your use of and access to the Exploitation.TV Website; your violation of any term of these Terms of Service; your violation of any third party right, including without limitation any copyright, property, or privacy right; or Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Exploitation.TV Website.
You affirm that you are either more than 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.
RESTRICTIONS ON USERS' COMMUNICATIONS; USER LIABILITY
If we should, at any time, provide any service which enables users to communicate with or otherwise share information with other users, persons providing any kind of service to users, or any other person, or post information at, in or on the Website, You agree not to post, submit, publish, display, disseminate, or otherwise communicate, while connected to, or otherwise directly or indirectly using the Website or other services provided to You by us, any defamatory, obscene, pornographic, profane, inaccurate, abusive, threatening, offensive, or illegal material, or any material which would violate or infringe the copyright, trademark, rights of publicity, privacy rights or other rights of any person or entity. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling us to immediately terminate all rights to access the Website without notice or reimbursement. You agree that You are solely responsible for all information which You submit, publish, display, disseminate or otherwise communicate through the Website, even if a claim should arise after termination of service. We do not and will not assume any obligation to monitor any such communication means.
You acknowledge and agree that You, and not us, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.
NOTICES TO US OR USERS. Notices from the Website to users may be given by means of electronic messages, by general posting on the Website, or by conventional mail. Communications from You to us may be made by electronic messages or conventional mail, unless otherwise specified in this Agreement. All inquiries to us should be sent by electronic mail to Customer Support representative or department, whose current contact points are provided under the “Support” section of the Website.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between You and us regarding Your use of the Website, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended by us.
CHOICE OF LAW, ARBITRATION. Any dispute or claim arising under or with respect to this Agreement which is incapable of resolution will be resolved by arbitration before one (1) arbitrator in Bridgeport, CT. AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CONNECTICUT CODE OF CIVIL PROCEDURE. NEVERTHELESS YOUR AGREEMENT TO THIS ARBITRATION IS VOLUNTARY.
UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Our failure to enforce any provision shall not be deemed to be a waiver of our rights to enforce any other provision.
AFFIRMATION OF AGREEMENT. You hereby acknowledge and affirm that You have read this entire agreement and that You AGREE to all its terms and conditions by CLICKING WHERE INDICATED BELOW and by authorizing the use of Your credit card for payment of charges and fees for Your access to the Materials of the Website and for any other charges which You may incur for Your access to Materials, goods or services ordered at or in association with the Website.
Questions: If there are any questions regarding these terms you may contact us at firstname.lastname@example.org or send a letter to:
Exploitation TV, LLC
100 Congress St
This policy was last modified on August 27th, 2015.