You are prohibited from reproducing, downloading, modifying, copying, uploading, exporting, transferring, selling, forwarding or transmitting the Content on the Site or in the Application. The use of third party tools on any of our Sites will result in your account being permanently banned from VividHands.com and no refunds will be given.
This Agreement applies (1) to the entire contents of the Site, (2) to any associated websites that we own or operate and that we grant you access to as part of your registration, and (3) to any electronic messages exchanged between you and us. This Agreement is a legally binding agreement between you and us, including any successor or affiliated company or entity, so please read it carefully before using the Site. You must be at least eighteen (18) years old and have reached the age of majority and legal consent in the jurisdiction in which you live or reside to access this Site. By accessing the Site, you certify to us that: you (a) are at least eighteen (18) years old, (b) have reached the age of majority in your jurisdiction, and (c) that you have the legal capacity to agree to these terms and enter into this Agreement; you are aware of the adult-oriented nature of the content provided on the Site and that you are not offended by this content; you are familiar with your jurisdiction’s laws affecting your right to access adult-oriented materials; you have the legal right to access adult-oriented materials and we have the legal right to transmit them to you; you will not share these Materials (defined below) with a minor, access this Site in the presence of a minor, or otherwise make these Materials available to a minor; and all information you provided to us is accurate and current. You will promptly update this information when necessary to ensure that it remains true. You acknowledge that you have the capacity to consent to these terms and to perform the acts required of you under this Agreement.
By clicking on the words “I agree,” “Submit,” or similar syntax, you are electronically signing this Agreement, and therefore agree to be bound by and acknowledge your complete acceptance of all the express and incorporated terms in this Agreement even if you do not read them. Do not seek to avoid acceptance or rejection of our online agreements. Immediately leave the Site if you do not want to accept this Agreement. You are bound by this Agreement, even if you merely browse the Site and have not signed up for an account. We will cancel your account and/or pursue other legal remedies if you violate this Agreement.
We may modify or revise this Agreement on one or more occasions. Changes will become effective on the “Last Updated” date noted at the top of the modified Agreement. It is your responsibility periodically to check the Site to review the most current terms. While we will try to notify you of any changes to this Agreement, we do not assume an obligation to do so. By continuing to use the Site after we post changes to this Agreement, the modified terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Site. If you fail to review this Agreement as required to determine if any of the terms have changed, you assume all responsibility for such omission, and you agree that such failure amounts to your affirmative waiver of your right to review the amended terms. We are not responsible for your neglect of your legal rights.
Access Fees and User Status:
Access to the Site. You understand that all we are selling you is access to our Services as we provide them from time to time. You need to provide your own access to the Internet, and any fees that you incur to access our Site are your sole responsibility. We are not providing any hardware nor software to you – and you need to purchase or license the necessary hardware and software to access the Site.
Access and Limited License. All users may access certain public areas of the Site. This Agreement covers all public and non-public areas of the Site. Subject to all the terms of this Agreement, we grant you a limited, nonexclusive, nontransferable personal license to access and use the Site and the materials contained therein, including images, videos, audio, and other content, including but not limited to text, software, graphics, data, messages, buttons, icons, or any other information, and any other website owned, operated, licensed, or controlled by the Publisher (collectively, “Materials”). Publisher provides the Materials on this Site for the personal, non-commercial use by users of the Site, and Publisher grants users of this Site a single copy license to view Materials (on a single computer only). All Materials on the Site shall be for private non-commercial use only, and all other uses are strictly prohibited. Publisher reserves the right to limit the amount of materials viewed. You agree to prevent any unauthorized copying of the Site, or any of the Materials contained therein. Any unauthorized use of the Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access the Site for its intended purpose and is not a transfer of title. You will not copy or redistribute any of the content appearing on this Site. Publisher reserves the right to terminate this license at any time if you breach or violate any provision of this Agreement, in which case you will be obligated to immediately destroy any information or Materials you have downloaded, printed or otherwise copied from this Site. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
Membership. You may become a Member of the Site by creating an account. By creating and using an account (“Membership”), you represent and warrant that all of the information you provide during your signup process, and in any other interaction with us, shall be correct, current, truthful, and complete. If you provide any false, misleading, incomplete, or otherwise incorrect information to us, your Membership and your Membership discounts are null and void. We have the right to terminate your Membership at any time for any reason. You may terminate your Membership by sending us written notice of termination. Regardless of whether you or we terminate your Membership, you will be responsible for any and all charges made to your account prior to termination. Membership may never be assigned, transferred, or sold to a third party. Membership is a single-user license. You are not authorized to share any of our Materials with any person who does not have their own Membership. If you do so, both you and the unauthorized viewer are jointly and severally liable for any fees that will be due if there is no Membership discount in place for the unauthorized viewer.
Fees. By creating an account on the Site, you agree to pay the fees set forth on the Site’s member sign up page. You understand that you will be charged on an automatic recurring billing basis. You acknowledge that you have read and understand the fees associated with membership to the Site. You further agree to abide by any additional terms required by our third-party billing processors. If you fail to pay your account in full within thirty (30) days of the invoice date, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is higher, compounded daily, plus any additional collection costs, credits, charge backs and attorneys’ fees.
Billing Errors. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
You acknowledge and stipulate that all of the Materials are expressive content that is fully protected by the First Amendment to the United States Constitution. You acknowledge and understand that the Materials are erotic in nature – and that they contain graphic visual depictions of sexual activity and nudity, graphic audio portions of the same kind of content, and descriptions of sexually oriented and sexually explicit activities. You acknowledge that you are aware of the nature of the Materials provided by the Publisher and that you are not offended by such Materials, and that you access the Site freely, voluntarily, and willingly, and for your own personal enjoyment.
Restrictions On Use Of Site:
You agree that you will only use the Site for purposes expressly permitted and contemplated by this Agreement. You may not use the Site for any other purposes without our express prior written consent. If you are seeking information regarding any illegal activities, please leave this Site immediately. You acknowledge that you are aware of the community standards in your community, and you will only access the content on the Site if you believe that the content on the Site does not offend the community standards prevalent in your community. You agree not to use or access the Site if doing so would violate the laws of your state, province, or country.
Without our express prior written authorization, you will not:
Duplicate any part of the Site or the Materials contained therein (except as expressly provided elsewhere in this Agreement);
Create any derivative works based on the Site or any of the Materials contained therein, and you agree and stipulate that any and all derivative works are NOT “fair use;”
Use the Site or any of the Materials contained therein for any public display, public performance, sale or rental, and You hereby agree and stipulate that any and all such uses are NOT “fair use;”
Re-distribute the Site or any of the Materials contained therein, and you hereby agree and stipulate that any and all such uses are NOT “fair use;”
Remove any copyright or other proprietary notices from the Site or any of the Materials contained therein;
Frame or utilize any framing techniques in connection with the Site or any of the Materials contained therein;
Use any meta-tags or any other “hidden text” using the Site’s name or marks, and You hereby stipulate that any use of the Site’s name or marks, or any other marks owned by the Publisher is an infringement upon the Publisher’s trademark rights, and You stipulate to liquidated damages of five thousand dollars ($5,000.00) per such infringement, plus you agree to pay any and all fees incurred in the recovery of this amount, including attorneys’ fees and all associated costs;
Avoid agreement to this Agreement;
Link to any page other than the main entry page;
Circumvent any encryption or other security tools used anywhere on the Site (including the theft of usernames and passwords or using another person’s username and password in order to gain access to a restricted area of the Site);
Use any data mining, bots, or similar data gathering and extraction tools on the Site;
Decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law; or
Sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time-share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use the Materials as granted specifically by this Agreement.
You agree to cooperate with the Publisher in causing any unauthorized use to cease immediately. At any time, if the Publisher provides a service enabling users to share information or communicate with other users, you agree not to publish, disseminate, or submit any defamatory or illegal material while using the Site or other services included on the Site. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and by doing so, your actions shall constitute a material breach of this Agreement and the Site shall terminate all of your rights under this Agreement.
Interference. Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from any of the Publisher’s Materials or any other Materials from our Site. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site or Materials, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site or any communications on it. If you do not adhere to this provision of this Agreement, you hereby stipulate to and agree to pay liquidated damages of five thousand dollars ($5,000.00) plus any and all fees associated with recovery of these damages, including attorneys’ fees and costs.
Stipulated Liquidated Damages
In various provisions in this Agreement, we have outlined liquidated damages amounts to be applied as penalties against you if you violate these specific provisions. You specifically agree to pay these amounts. In agreeing to pay liquidated damages, you acknowledge that this amount is not a penalty, and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
If we are required to enlist the assistance of an attorney or other person to collect any liquidated damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these liquidated damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the liquidated damages themselves. You agree that you will pay all of these fees and costs.
We reserve the right to unilaterally assign our liquidated damages claim for any third-party torts to the actual victim, or to the victim’s successor-in-interest.
Disclaimer Of Warranty:
You expressly agree that use of the Site or any of the Materials contained therein is at your own and sole risk. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site or any of the Materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
Publisher makes no representations or warranties that the Site or any Materials contained therein will be uninterrupted, timely, secure, or error free; nor does Publisher make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of the Site or any of the Materials contained therein. The Site and all Materials contained therein are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
You understand that Publisher cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Publisher does not assume any responsibility or risk for your use of the Internet.
Publisher makes no warranty regarding any goods or services purchased or obtained through the Site or any transaction entered into through the Site and is not responsible for any use of confidential or private information by sellers or third parties.
Publisher may change any of the information found on this Site at any time, including this Agreement without notice beyond that described above. Publisher makes no commitment to update the information found at this Site. Further, the Publisher makes no commitment to update the Materials.
The warranties and representations set forth in this Agreement are the only warranties and representations with respect to this Agreement, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person.
Disclaimer And Indemnification:
The provision of any services that is in violation of any laws is strictly prohibited. If we determine that you or any user has provided or intends to purchase or provide any services in violation of any law, your ability to use the Site will be terminated immediately. We do hereby disclaim any liability for damages that may arise from any user providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold us harmless from any liability that may arise for us should you violate any law.
You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party.
Our Site contains material that may be offensive to third parties. You agree to indemnify and hold us harmless from any liability that may arise from someone viewing such material and you agree to cease review of the Site should you find it offensive.
You agree to defend, indemnify, and hold harmless the Publisher, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Site or any of the Materials contained therein, or your breach of any of this Agreement. Publisher shall promptly notify you by electronic mail of any such claim or suit and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at our own expense, and choose our own legal counsel; however, we are not obligated to do so.
Limitation Of Liability:
In no event shall Publisher (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to you, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Site or any of the Materials contained therein, even if Publisher has been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if Publisher has been advised of the possibility of such damages.
In no event shall Publisher’s maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of the Site for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Links And Linking:
Some websites which are linked to the Site are owned and operated by third parties. Because the Publisher has no control over such websites and resources, you acknowledge and agree that Publisher is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
You further acknowledge and agree that Publisher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third-party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by the Publisher of such websites, or the content, products, advertising, or other materials presented on such Site, but are for Your convenience.
You do hereby agree to hold the Publisher harmless from any and all damages and liability that may result from the use of links that may appear on the Site. The Publisher reserves the right to terminate any link or linking program at any time.
The name of the Site and of the Publisher are our service mark(s) and/or trademark(s). We aggressively defend our intellectual property rights. All marks, logos, domains, and trademarks that you find on the Site may not be used publicly except with express written permission from Publisher, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Publisher.
Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. Such marks may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
The Site and the Materials are protected by United States and international copyright laws. The Materials accessible from the Site, and any other website owned, operated, licensed, or controlled by Publisher, is the Publisher’s proprietary information and valuable intellectual property. We retain all right, title, and interest in the Materials. Neither title nor intellectual property rights are transferred to you by access to the Site. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Publisher. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Materials except as expressly provided in this Agreement violates the Publisher’s intellectual property rights.
Notice. Any notice required to be given by us under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on the Site, or by personal delivery by commercial carrier such as Federal Express. Notices by customers to Publisher shall be given by electronic messages unless otherwise specified in the Agreement.
Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
When Notice is Effective. Notice shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing. Notices mailed by United States Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient’s business hours, or 9:00 a.m. (recipient’s time) the next business day. Either party may, by giving the other party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
No Agency Relationship. Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
Communications Not Private. Publisher does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Publisher shall be deemed to be readily accessible to the general public. Visitors should not use this Site to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the agents and operators of this service, regardless of whether they are the intended recipients of such messages.
The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, this Agreement in a jurisdiction other than that specified in this paragraph.
All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under this Agreement whatsoever.
Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it, as contemplated by this paragraph by registered or certified mail, Federal Express, proof of delivery or return receipt requested, to the parties address for the giving of notices as set forth in this Agreement.
Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law if such enforcement becomes necessary.
Rights to Injunctive Relief. Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be.
Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.
Attorneys’ Fees. In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce any of the terms and conditions of this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys’ fees and costs incurred in connection therewith, including attorneys’ fees incurred on appeal.
No Waiver. No waiver or action made by the Publisher shall be deemed a waiver of any subsequent default of the same provision of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of this Agreement.
Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to your access and use of the Site and the Materials contained therein, and your Membership with the Site, and supersedes and replaces all prior understandings or agreements, written or oral, regarding such subject matter.
Force Majeure. Publisher shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Site’s performance.
Export Control. You understand and acknowledge that the software elements of the Materials on the Site may be subject to regulation by agencies of the United States Government, including the United States Department of Commerce, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to United States or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.
Other Jurisdictions. Publisher makes no representation that the Site or any of the Materials contained therein are appropriate or available for use in all locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Site from such locations do on their own initiative and are solely responsible for determining compliance with all applicable local laws.
Service Not Available in Some Areas. You are subject to the laws of the state, province, city, country, or other legal entity in which you reside and/or from which you access this Site. THIS SITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account and/or use this Site while located in Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Nigeria, Pakistan, The Philippines, The Republic of China, North Korea, Russia, Singapore, Saudi Arabia, Syria, and The United Arab Emirates, you will be in violation of the laws of such jurisdiction and this Agreement, and subject to having your account suspended or terminated without any notice to you. You hereby agree that this Site cannot be held liable if laws applicable to you restrict or prohibit your participation. This Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on this Site, nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties. We reserve the right to restrict access to this Site in any jurisdiction.