the days of handshakes are over, and you must protect yourself. I know this first hand for a fact. Sixteen (16) years in the business of dealing with legal matters tells me everyone doing any business should have this in their system just as they have spell check and a thesaurus."
RESTRICTED AREA DISCLAIMER Adult This policy is intended to be used as starting web site entry policy template for online use. Edit as needed for each specific web site and integrate the final text into the web site HTML code and reformat as needed. The restricted area you are about to enter contains sexually explicit material. If you are not at least years of age at the time of viewing our material; or if you are offended by such material; or you are accessing such material from any locale where the depicting of adult material is prohibited by law YOU ARE NOT ALLOWED TO ENTER Web Site URL or Domain Name All models depicted in this web site their likeness in part or on whole are all at least years of age or older at the time the pictures were taken. Click here to enter web site domain URL 18 U. S. C. Record Keeping Requirements Compliance Statement In compliance with United States Code Title Section any and all persons Actors Actresses Models appearing in any visual depiction of content explicit or otherwise displayed on this web site were at least eighteen years of age at the time such content and depictions were created. All other visual depictions displayed on the web site are considered exempt from the provision of U. S. C. Section and C. F. R. because such visual depictions do not consist of depictions of conduct as specifically listed in U. S. Section through and are merely depictions of non sexually explicit nudity or simulated sexual conduct or are otherwise exempt because the visual depictions were created prior to July 1995. All records required to be maintained pursuant to USC and C. F. § 75 75 are kept by the following Custodian of Records.
Custodian of Records. company name address address city state or province zip or postal code By entering this web site declare that am an adult and at least years of age and have the legal right to possess and view Adult and or Sexually Explicit Material in my community. I understand that if click the Enter button below or continue to browse past this point that am electronically signing and affirming my agreement with all of the terms and conditions contained on this Entrace Agreement.
ADULT WEB HOSTING AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer The purpose of this Agreement hereafter referred to as the Agreement is to precede longer term contract arrangement under which Company will provide Adult Web Hosting services on behalf of Customer. Definitions Adult Material or Adult Content shall mean all forms of communication including stories testimonials editorials or other narrative descriptions pictures photographs drawings illustrations cartoons anime or other images not listed video or audio recordings or any executable program or software. Underage Users shall mean all individuals who do not meet the minimum age requirement for viewing Adult Material in their locality or place of residence. Restricted Material shall mean any content in any form that is prohibited from being hosted displayed or otherwise made available on Companys servers and hosting accounts. DMCA shall mean the Digital Millenium Copyright Act. DCMA Takedown Notice shall mean any notification received by Company that material as defined by the DCMA is currently hosted by Company resources and is deemed by the rightful copyright holder as infringing.
Age Verification System AVS shall mean any software service or other method employed in order to ascertain and verify the age of the user attempting to purchase or otherwise access content. Membership shall mean any unit of access granted to customer to gain entrance to content. Membership Area shall mean any area or access point on any web site application FTP directory or other hosted resource that is not available to the public. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Terms.
Subject to the terms and conditions of this Agreement Company will provide Adult Web Hosting services for Customer subject to the following terms. a Length of Service. Customer agrees to an initial six month or twelve month contractual term of service Term The length of contract required is based on the type of service desired by Customer and shall be determined solely by Company. b Service Start Date. The first payment plus setup charges if any shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon mutually agreed upon alternate date. c Renewal by Customer. This Agreement will automatically renew for successive six or twelve month Terms unless canceled in writing by Customer at least days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Customer indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Customers account. 2. End User Pricing and Adult Web Hosting Compensation.
End User pricing and Adult Web Hosting Compensation is outlined on Exhibit attached and is subject to change at the sole discretion of Company. 3. Terms of Payment. Terms of payment are C. O. D. unless credit approval has been granted by Company. If credit approval has been granted credit terms are net days upon receipt of invoice. Company reserves the right to revoke any credit extended if payment is in arrears for more than days. 4. Proprietary Information. Proprietary information exchanged hereunder shall be treated as such by Customer. This information shall include but not be limited to the provisions of this Agreement product and services information and pricing. Customer further agrees to not decompose disassemble decode or reverse engineer any Company program code or technology delivered to Customer or any portion thereof. 5. Censorship. Company will exercise no control whatsoever over the content of the information passing through the network email or web site. All content is subject to the Adult Web Hosting Acceptable Use Policy AUP. 6. Warranties.
Company makes no warranties or representations of any kind whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer including loss of data resulting from delays non deliveries or service interruptions by any cause or errors or omissions of Customer. Use of any information obtained by way of Company is at Customers own risk and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end to end connection. Company does not represent guarantees of speed or availability of end to end connections. Company expressly limits its damages to Customer for any non accessibility time or other downtime to the pro rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as consequence of such unavailability. 7. Trademarks and Copyrighted Material. Customer warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. Further Customer warrants that all models depicted in any Adult Material are at least years of age. 8. Transfer of Agreement. Customer may not assign or transfer this Agreement in whole or in part without the prior written consent of Company. In the event that Customer contemplates whole or partial sale of its business ownership change or change in jurisdiction Customer shall notify Company by mail facsimile or email no less than days prior to the effective date of the event. 9. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provision of the Agreement upon receipt of written notice from Company of said failure appointment of Receiver or upon the filing of any application by Customer seeking relief from creditors upon mutual agreement in writing of Company and Customer.
10. Disputes. If legal proceedings are commenced to resolve dispute arising out of or relating to this Agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. If Company becomes aware of an alleged violation of any of the terms contained in this Agreement the Adult Web Site Acceptable Use Policy AUP or any other policy that has been posted on its web site made available to Customer via email or posted in any other form Company shall initiate an investigation. During the investigation Company may restrict Customer or Customers Users access to Company products and services in order to prevent further possible unauthorized activity. Company may at its sole discretion restrict suspend or terminate Customers account without notice or refund or pursue civil remedies as it deems necessary. Company shall be able to access any restricted areas or disable any security preventing the Companys investigation s. Company shall notify the appropriate law enforcement department of any such violations. Company shall not be responsible for any payment refunds or compensation in any way for service disruptions or termination resulting from violations of this Agreement. Company reserves the right to provide any and all available information in order to comply with legal court order subpoena discovery request or any other authoritative request by governing body or agency. 11. Indemnification. Customer shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from or in connection with Customers marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Customer. 12. General. If any provision of this Agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. failure by any party to exercise or delay in exercising right or power conferred upon it in this Agreement shall not operate as waiver of any such right or power. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below.
EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer.
Date when the contact was signed Customer Initials Company Initials
ADULT CONTENT LICENSING AND ROYALTY AGREEMENT This Licensing Agreement the Agreement is entered into this current day day of current month current year by and between company name state or province company hereafter Content Licensor and company name hereafter Content Licensee Recitals 1 company name owns and operates online adult content web sites. 2 company name produces or owns the legal rights to specific content as defined in Exhibit the Specifications that is fully compliant with Title U. S. C. Section Record Keeping Requirements.
3 company name desires to license content from the Content Licensor in the following formats and areas of distribution. Insert description of content formats Downloadable Media Video on Demand DVDs etc. and distribution channels online sales mail telephone orders web site sales cable television. 4 Content Licensor desires to make such content available to Content Licensee as outlined in Exhibit for worldwide resale and distribution on non exclusive basis. Definitions 1. Age Verification System AVS shall mean any software service or other method employed to ascertain and verify the age of the user attempting to purchase or otherwise access content.
2. Video on Demand shall mean any content delivered as stream of data or download to users computer console mobile device or any other medium. 3. Membership shall mean any unit of access granted to customer to gain entrance to content. Agreements In consideration of the mutual covenants set forth in this Agreement Content Licensor and Content Licensee hereby agree as follows. 1. Licensed Content. Content Licensor grants to Content Licensee its agents successors or assigns those for whom Content Licensee is acting and those acting with its authority and permission the absolute right and permission to copyright use re use publish and republish recordings copies reproductions digitally sampled and or reconstructed versions of Content Licensees DVD CD ROM VHS VHS DV Mini DV SWF Fla Digital Artwork and other Media submission in whole or in part including but not limited to any and all animation music video narrative shorts features and trailers in whatever form submitted collectively the Content in any advertising display or product including software releases derivative or ancillary products or works whether such products or works are now in existence or are hereafter created or acquired. Content Licensor and Content Licensee further agree that such right and permission has been granted to Content Licensor on non exclusive basis for use in the Adult Entertainment Market. Content Description.
Insert description of the content to be licensed. 2. Usage. The Content may be copyrighted used and or published individually or in conjunction with other photography video works and recordings and in any medium including without limitation print publications public broadcast CD ROM DVD format and for any lawful purpose including without limitation trade exhibition illustration promotion publicity advertising and electronic publication. Insert additional usage restrictions or requirements for the content here. Examples. All content upon sale must post the sale to specific URL for auditing purposes. All content must be delivered from within membership system that uses an Age Verification System. 3. Waiver of Approval. Content Licensor waives any right that Content Licensor may have to inspect or approve the finished product or products or any advertising copy or printed matter that may be used in connection with such product or the use to which it may be applied.
4. Indemnification. Content Licensee releases discharges and agrees to hold harmless Content Licensor its agents successors or assigns and all persons acting under its permission or authority or those for whom it is acting from any liability by virtue of any distortion alteration digitization reconstruction or use in composite form whether intentional or otherwise that may occur or be produced in the recording and subsequent reconstruction of the Content or any other subsequent processing thereof as well as any publication of the resulting materials. 5. Warranties. Content Licensor warrants that Content Licensor is of legal age and has every right to contract in Content Licensors own name in this matter. Content Licensor further warrants that Content Licensor has the full right and authority to license the properties to Content Licensee as provided herein and agrees to indemnify and hold harmless Content Licensee from any and all expenses suits judgments damages and related costs and fees arising out of Content Licensors actions omissions negligence or otherwise under this Agreement. Content Licensor acknowledges that Content Licensor has read this Agreement prior to its execution and that Content Licensor is fully familiar with its contents. 6. Compensation.
The Content Licensee will pay Content Licensor for the following expenses incurred under this Agreement. Insert description of all expenses covered by the Agreement. 7. Independent Contractor. Nothing herein shall be construed to create an employer employee relationship between the parties. The consideration set forth above shall be the sole payment due to Content Licensor for services rendered. It is understood that the Content Licensor will not withhold any amounts for payment of taxes from the compensation of Content Licensee and that Content Licensee will be solely responsible to pay all applicable taxes from said payment including payments owed to its employees contractors sub contractors performers talent and sub agents. 8. Confidentiality.
In the course of performing services the parties recognize that Content Licensee may come in contact with or become familiar with information which the Content Licensor or its customers may consider confidential. This information may include but not limited to information pertaining to design methods pricing information or work methods of the Content Licensor as well as information provided by customers of the Content Licensor for inclusion in web sites to be developed for customers which may be of value to competitors of the Content Licensor or its customers. Content Licensee agrees to keep all such information confidential and not to discuss any of it with anyone other than appropriate Content Licensee personnel or their delegates. The parties agree that in the event of breach of this Agreement damages may be difficult to ascertain or prove. The parties therefore agree that if Content Licensee breaches this Agreement Content Licensor shall be entitled to seek relief from court of competent jurisdiction including injunctive relief and shall be entitled to an award of liquidated damages. 9. Term of Agreement. This Agreement shall begin on start date and shall terminate on end date unless terminated for any reason by either party upon thirty days prior written notice. 10. Communication. Any notice or communication permitted or required by this Agreement shall be deemed effective when personally delivered or deposited postage prepaid by first class regular mail addressed to the other partys last known address. 11. Entire Agreement.
This Agreement constitutes the entire Agreement of the parties with regard to the subject matter hereof and replaces and supersedes all other agreements or understanding whether written or oral. No amendment extension or change of the Agreement shall be binding unless it is in writing and signed by all of the parties hereto. 12. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of Content Licensor and to the Content Licensors successors and assigns. Nothing in this Agreement shall be construed to permit the assignment by Content Licensee of any of its rights or obligations hereunder to any third party without the Content Licensors prior written consent. 13. Ownership Rights. All plans ideas improvements or inventions developed by Content Licensee during the term of this Agreement shall belong to the Content Licensee and or its customers for whom work is being performed as it relates to the Content Licensees core products and Intellectual Property. Content Licensor shall however retain the right to display works created by Content Licensee in their biography discography catalog portfolio or other body of work to be displayed subject to Content Licensees written approval in advance said approval not to be unreasonably withheld. 14. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. The prevailing party shall be entitled to recover its reasonable attorney fees and statutory costs. If any portion of this Agreement is declared unenforceable that portion shall be construed to give it the maximum effect possible and the remainder of this Agreement shall continue in full force and effect. Both parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signatures below.
EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed
Content Licensee Initials Content Licensor Initials