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ICS Entertainment, Inc. Legal Notices IMPORTANT! PLEASE READ CAREFULLY. The terms set forth below comprise a legal agreement between you and ICS Entertainment, Inc. (alternatively referred to as "ICS" "We," or "Us") and spell out the terms and conditions to which users of the ICS family of websites, (collectively, the "Sites") are expected to adhere. The Sites include Adult.com, AdultRealityPass.com; SlutSeeker.com; LimoPatrol.com; LatinaCaliente.com; EatMyBlackMeat.com; CheerleaderAuditions.com; HardcorePartying.com; GirlsHuntingGirls.com; EuroBrideTryouts.com; NudeBeachHouse.com; 2Chicks1Dick.com; TeenHitchhikers.com; MilfCruiser.com; and BigSausagePizza.com; as well as any individual club included on such Site, and any other sites at which these terms appear. It does not apply to other online or offline ICS sites, products or services. Please read these terms and conditions carefully before using any of the Sites, because by using or remaining on any Site, you (alternatively, referred to as you or "User") agree to be bound by the terms set forth herein, including, without limitation, our Privacy Policy below (together, the "Agreement"). We reserve the right to amend this Agreement at any time and will post the amended Agreement here. Copyright Notice Copyright © 2006 ICS Entertainment, Inc. All rights reserved. No material on any Site may be reproduced or be distributed, publicly performed, proxy cached or otherwise used in any manner, except with the prior express permission of ICS Entertainment, Inc. Trademark Notice ADULT REALITY PASS, SLUT SEEKER, LIMO PATROL, LATINA CALIENTE.COM, EAT MY BLACK MEAT, CHEERLEADER AUDITIONS, HARDCORE PARTYING, GIRLS HUNTING GIRLS, EURO BRIDE TRYOUTS, NUDE BEACHHOUSE, 2CHICKS 1DICK, TEEN HITCHHIKERS, MILF CRUISER and BIG SAUSAGE PIZZA are all trademarks of ICS Entertainment, Inc. Miscellaneous Disclaimers All materials, including, but not limited to, articles, photographs, images, illustrations, messages and other communications, audio clips and video clips, contained on any Site are intended for distribution exclusively to consenting adults in locations where such materials 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 contents of any Site or place any orders for any goods or services advertised at or on any Site. ICS Entertainment, Inc. Privacy Policy Effective as of October 16, 2006 This Privacy Policy (the "Policy") applies to the ICS Entertainment, Inc. ("ICS" or "we") family of websites (the "Sites"). These include Adult.com, AdultRealityPass.com; SlutSeeker.com; LimoPatrol.com; LatinaCaliente.com; EatMyBlackMeat.com; CheerleaderAuditions.com; HardcorePartying.com; GirlsHuntingGirls.com; EuroBrideTryouts.com; NudeBeachHouse.com; 2Chicks1Dick.com; TeenHitchhikers.com; MilfCruiser.com; and BigSausagePizza.com; and any other sites at which this Policy appears. It does not apply to other online or offline ICS websites, products or services. This Policy explains what information we collect about you and what we do with it. We reserve the right to modify this Policy at any time, and we will post any new policy here. You should return to this Policy often to see if it has changed. By using or navigating any of the Sites, you acknowledge that you have read, understand and agree to be bound by this Policy or any modified Policy as posted. If you do not agree to the terms of this Policy, please do not use or visit any of our Sites. What information do we collect? We collect personal information that you provide to us such as your name, e-mail address, street address and telephone number. We also collect credit card information from you. We generally collect this personal information on our registration and order forms when you sign up to receive products or services from any of our Sites. We may also collect information from our online surveys such as age, gender and income level. Finally, we collect IP addresses and anonymous demographic information. What do we do with the information we collect? We use personal information and other demographic or profile information you provide to us to fulfill your orders or requests; to provide you with information about ICS and some of our partners; and to contact you when necessary. We use IP addresses and anonymous demographic information to tailor your experiences at our Sites by showing content in which we think you will be interested and displaying content according to your preferences. Anonymous demographic information is shared with advertisers and market researchers on an aggregate basis. We use information collected to evaluate and improve our services. We may develop and use, in our sole discretion, consumer research, which may be based on your use of our services. Personal information collected on the Sites is stored and processed in the United States and by using any of the Sites, you consent to any such transfer of information outside of your country. Do we share the information we collect with third parties? In some cases, we will share information we collect (including personal information or anonymous demographic information) with third party companies who may offer products or services in which we believe you may be interested. We also share this information with third parties with whom we partner to co-promote and administer sweepstakes and contests on our Sites. You may elect not to receive promotional e-mails from us or other companies we select by choosing one of the unsubscribe options described below. We may also share information we collect with third party service providers to manage certain aspects of the services we provide, such as maintaining our servers and processing or fulfilling orders for products and services you purchase through the Sites. We may also disclose your information in special cases if required to do so by law, court order or other governmental authority or when we believe in good faith that disclosing this information is otherwise necessary or advisable, including, for instance, to identify, contact, or bring legal action against someone who may be causing injury to or interfering with the rights or property of ICS, another user or anyone else that could be harmed by such activities. Is the information submitted in public forums confidential? No. The Sites may offer chat rooms, forums, message boards and/or news groups to our users. Please remember that any information disclosed in these areas becomes public information. Accordingly, you should exercise caution when deciding to disclose your personal information and you do so at your own risk. Do we use cookies? Yes. Cookies are pieces of information generated by web servers and stored in your computer for future access. The Sites use cookie technology to enhance your online experience by making it easier for you to navigate through our Sites or make a feature work better. Generally, cookies can be disabled. However, you must accept cookies in order to navigate the Sites, register for our membership Sites and order products from our online stores. Do we use web beacons? Yes. Some of our Sites may contain electronic images known as "web beacons" or single-pixel gifs that allow us to count visitors to our Sites and deliver co-branded services. Web beacons collect limited information including cookie number, time and date of a page view and a description of the page on which the web beacon resides. Are the Sites secure? We are committed to maintaining the security of your information and have measures in place to protect against the loss, misuse and alteration of the information under our control. All credit transactions occur in a secure area of the Site using Secure Sockets Layer ("SSL") software to process orders. SSL encrypts the information you input on the Sites. In addition, all information is stored in a secure location behind a firewall with limited administrative access. Does this Policy apply to linked sites other than the Sites? No. The Sites contain links to other Internet sites, resources and sources of ICS. By clicking on an ad banner or other link, you will be redirected off the Sites and to third party websites. ICS is not responsible for the privacy policies of such sites. You should make sure that you read and understand the privacy policies of these sites and direct any concerns regarding external links to the site administrator or webmaster of that third party website. How do I unsubscribe? All e-mails you receive from us will include specific instructions on how to unsubscribe and you may unsubscribe at any time. Additionally, you may use any of the following options for removing your information from our database: (1) Send an email to realityadmin@spicetv.com (please indicate the Site(s) from which you would like to be unsubscribed); (2) Select the opt-out link at the bottom of any ICS email and follow the instructions provided; (3) Send a letter with your request to the following address (please indicate the Site(s) from which you would like to be unsubscribed): Customer ServicePlease note, however, you cannot opt out of receiving emails from us regarding your account and/or the status of an order. Can I update/correct my information? Yes. You may correct or update your personal information by sending us an email at realityadmin@spicetv.com. ICS Entertainment, Inc. Terms of Service Effective as of October 16, 2006 1. ICS SITE CONTENT AND USER SUBMISSIONS 1.1. The contents of the ICS Internet service (the "Service"), including all Sites, are intended for the personal, noncommercial use of its users. All materials published on the Sites (including, but not limited to articles, photographs, images, illustrations, product descriptions, audio clips and video clips (collectively, the "Content")) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by ICS Entertainment, Inc. or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service. 1.2. The Service is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as may otherwise be set forth in this Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites or Service in whole or in part. 1.3. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted. 1.4. You agree that any information, feedback, questions, comments and/or submissions to any Public Forum (as discussed below) or the like that you provide to us in connection with any Site or our Service ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you. 1.5. To enable ICS to use the information you supply to us, and so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in your information, in any media now known or not currently known, with respect to your information. ICS will only use your information in accordance with our Privacy Policy. 1.6. If you believe that the content of any Submission provided by you, or any Content appearing on a Site, has been used on a Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:
By postal mail:2. FORUMS AND DISCUSSIONS 2.1. Chat rooms, forums, message boards, and/or news groups may be made available to a Site's users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through a Public Forum any content which is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation or the rights of any third party. Please use your best judgment and be respectful of other individuals using the Public Forums. You agree not to use vulgar, abusive or hateful language. Public Forums within any Site and the Services available therein are provided to give our users an interesting and stimulating forum in which they may express opinions and share ideas. ICS does not endorse the opinions placed on these Public Forums. You acknowledge that any Submissions (e.g. Letter to the Editor, Review or Commentary) may be reproduced, published, transmitted and displayed by ICS in any manner, pursuant to Sections 1.4 and 1.5, above. 2.2. The Public Forums shall be used by you only in a noncommercial manner. You shall not, without the express approval of ICS, use any Public Forum to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services that are competitive with ICS and the Service. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. 2.3. While we do not and cannot review every message posted by users in a Public Forum and are not responsible for the content of any of these messages, ICS reserves the right to delete, move or edit messages that we, in our sole discretion, deem are in violation of the law (including trademark and copyright law), or these Terms of Service, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages. 3. ADDITIONAL TERMS FOR THE ADULT.COM VOD SITE 3.1. In addition to the provisions contained in these Terms of Service, the following terms apply specifically to the Adult.com Video-On-Demand website ("Adult.com VOD"), located at http://adultdotcom.spicetv.com: a. The videos available for download on Adult.com VOD may be provided in formats compatible with certain third party devices such as Apple's iPod® and the Sony PlayStation® Portable (PSP®). However, ICS does not support these devices in any way. They are manufactured, supported and distributed by third parties, and ICS has no agreement with them. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or their devices. ICS does not assume any liability or responsibility for these products or their availability. You should direct any concerns regarding any such device to the party that manufactures, supports or distributes the device.4. ADDITIONAL TERMS FOR THE SPICETV STORE 4.1. In addition to the provisions contained in these Terms of Service, the following terms apply specifically to the SpiceTV Store, located at http://store.spicetv.com: a. By placing an order, you certify that you are able to pay for the item(s) in your order.5. ACCESS AND AVAILABILITY OF THIRD PARTY SERVICES AND LINKS 5.1. The Sites may contain links to other related World Wide Web Internet sites, resources and sponsors of ICS. Selection of an ad banner or link will redirect you off of an ICS Site to a third party website. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of ICS. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their websites. ICS does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party website. 6. REPRESENTATIONS AND WARRANTIES 6.1. You represent, warrant and covenant (a) that no materials of any kind submitted by you or ICS's use thereof in accordance with the terms and conditions of this Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement, as well as contracts for the purchase of the goods offered on the SpiceTV Store. 6.2. You hereby indemnify, defend and hold ICS and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. ICS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement, which affects the rights of ICS without ICS's prior written approval. 6.3. ICS neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Sites or the Service by any user, information provider or any other person or entity. THE SITES, THE SERVICE AND ANY MATERIALS PROVIDED BY ICS OR THIRD PARTIES THROUGH ANY OF THE SITES AND THE SERVICE ARE PROVIDED "AS IS." ICS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH ANY OF THE SITES OR THE SERVICE. ICS DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF ANY OF THE SITES OR THE SERVICES AVAILABLE THEREON WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE AND MAKES NO WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. 6.4. You hereby acknowledge that the use of any Site and the Services available thereon is at your sole risk. 7. LIMITATION OF LIABILITY 7.1. NEITHER ICS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITES OR THE SERVICE SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES, THE SERVICES THEREON, OR ANY OF THE MATERIALS PROVIDED BY ICS OR THIRD PARTIES THROUGH ANY OF THE SITES OR THE SERVICES THEREON, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law. 7.2. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ICS'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). 8. SYSTEM INTEGRITY 8.1. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of any Site or any transaction conducted on such Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service. 9. TERMINATION 9.1. ICS may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of any of the Sites or Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties. 9.2. ICS, including, without limitation, its authorized agents and employees may terminate your use of any of the Sites without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any ICS event or (ii) attempting to alter or improperly access any feature or function of any of the Sites. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any Site or any ICS employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a ICS employee or other individual. 10. MISCELLANEOUS 10.1. These Terms of Service have been made in and shall be construed and enforced in accordance with Illinois law without regard to any conflict of law provisions. ICS makes no representation that the Content on the Sites is appropriate for access outside of the United States. Those who choose to access the Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Chicago, Illinois. 10.2. Official correspondence must be sent via postal mail to: ICS Entertainment, Inc.10.3 These Terms of Service, the Privacy Policy and any other terms referenced in this Agreement constitute the entire agreement between you and ICS with respect to your access and use of the Sites and Service and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and ICS with respect to the Sites or Service. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. ICS may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of ICS or (iii) in connection with the sale of any of the Sites or the business unit associated with the Sites. ICS Site Membership Terms and Conditions Effective as of October 16, 2006 This ICS Site Membership Terms and Conditions (the "Subscriber Agreement") applies to the ICS Entertainment, Inc. family of websites (the "ICS Sites") when a user purchases a subscription to one or more such ICS Sites. These include Adult.com, AdultRealityPass.com; SlutSeeker.com; LimoPatrol.com; LatinaCaliente.com; EatMyBlackMeat.com; CheerleaderAuditions.com; HardcorePartying.com; GirlsHuntingGirls.com; EuroBrideTryouts.com; NudeBeachHouse.com; 2Chicks1Dick.com; TeenHitchhikers.com; MilfCruiser.com; and BigSausagePizza.com; and any other websites at which this Subscriber Agreement appears. This Subscriber Agreement does not apply to other online or offline websites, products or services, and does not grant you the right to enter into any ICS Site for which you have not paid a subscription fee. REGISTRATION: Welcome! To ensure that you enjoy the highest standards of quality and service during your visits to each of the ICS Sites, we encourage you to read through the following information before you register. These legal notices spell out the terms and conditions to which you are expected to adhere. TERMS OF SERVICE 1. GENERAL RULES AND DEFINITIONS 1.1 This Subscriber Agreement constitutes your agreement with ICS with respect to your use of each of the ICS Sites. You must agree to abide by all of the terms and conditions contained in this Subscriber Agreement in order to become or remain an authorized subscriber of any of the ICS Sites. 1.2 To indicate agreement with the terms and conditions of this Subscriber Agreement, you must click the "Click Here to Join" button at the end of this Subscriber Agreement. You will not be allowed to register before clicking that button. Feel free to read and reread this Subscriber Agreement as often as you want before clicking the "Click Here to Join" button. If you do not wish to agree to these terms and conditions, do not click the "Click Here to Join" button (you understand that you will not be subscribed to the applicable ICS Site and will have no right to access such ICS Site unless you agree to the terms of this Subscriber Agreement). ICS reserves the right, at its discretion, to change, modify, add or remove portions of this Subscriber Agreement at any time. Occasionally ICS may ask you to accept the terms of such changes to continue using the ICS Site to which you are subscribed. 1.3 IF THIS SUBSCRIBER AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, OR CAUSE YOU TO NO LONGER BE IN COMPLIANCE, YOU MAY CANCEL YOUR SUBSCRIPTION BY REQUESTING AN ORDER CANCELLATION FROM A LINK IN THE MEMBER SERVICES SECTION (SEE SECTION 9 REGARDING ICS TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE ICS SITE(S) NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS SUBSCRIBER AGREEMENT, WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF SUCH RULES, CHANGES OR MODIFICATIONS. 1.4 ICS may change, suspend or discontinue any aspect of any of the ICS Sites at any time, including the availability of any feature, database or content. ICS may also impose limits on certain features and services or restrict your access to parts or all of any of the ICS Sites without notice or liability. 2. ICS SITE CONTENT AND SUBSCRIBER SUBMISSIONS 2.1 The contents of each of the ICS Sites are intended for the personal, noncommercial use of its registered subscribers. All materials published on the ICS Sites (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, collectively referred to herein as the "Content") are protected by copyright and other intellectual property laws, and are owned, or controlled by, or licensed to ICS or the party credited as the provider of the Content, software or other materials. You shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed through the ICS Sites. 2.2 Each of the ICS Sites is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in Section 2 of this Subscriber Agreement, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or ICS Sites in whole or in part. 2.3 Copying or storing of any Content for any purpose other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department of ICS, or the copyright holder identified in the individual Content's proprietary rights notices. For the avoidance of doubt, including any Content (in whole or in part) on your personal website, when it is accessible to any other person, is not a personal use and is not permitted. 2.4 If you believe that any Content appearing on a ICS Site has been used on such ICS Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (email is sufficient) that includes the following information:
By postal mail: 3.FORUMS AND DISCUSSIONS 3.1 Chat rooms, forums, message boards, and/or news groups may be made available to an ICS Site's users ("Public Forum(s)"). You shall not upload to, or distribute or otherwise publish through any ICS Site or Public Forum any Content that is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation or the rights of any third party. Please use your best judgment and be respectful of other individuals using a Public Forum. Do not use vulgar, abusive or hateful language. Public Forums within the ICS Sites, where provided, are provided to give our users an interesting and stimulating forum in which they may express their opinions and share their ideas. ICS does not endorse the opinions placed on these Public Forums. You acknowledge that any submissions (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by ICS. In addition, you warrant that you waive all moral rights in any uploaded materials have been waived. 3.2 The Public Forums shall be used only in a noncommercial manner. You shall not, without the express approval of ICS distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote websites or online services which are competitive with any of the ICS Sites. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. 3.3 While ICS does not and cannot review every message posted by subscribers in a Public Forum and is not responsible for any content of these messages, ICS reserves the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this Subscriber Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages. 4. ACCESS AND AVAILABILITY OF THIRD PARTY SERVICES AND LINKS 4.1 The ICS Sites contain links to other related websites, resources and sponsors of ICS. Selection of an ad banner or link will redirect you off of an ICS Site to a third party website. Transactions that occur between you and any such third party are strictly between you and the third party and are not the responsibility of ICS. Because ICS is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to its site administrator or webmaster. 5. ADDITIONAL TERMS FOR THE ADULT.COM VOD SITE 5.1. In addition to the provisions contained in this Subscriber Agreement, the following terms apply specifically to the Adult.com Video-On-Demand website ("Adult.com VOD"), located at http://adultdotcom.spicetv.com: a. The videos available for download on Adult.com VOD may be provided in formats compatible with certain third party devices such as Apple's iPod® and the Sony PlayStation® Portable (PSP®). However, ICS does not support these devices in any way. They are manufactured, supported and distributed by third parties, and ICS has no agreement with them. ICS is not responsible for examining and/or evaluating, and does not warrant the offerings of, any of these businesses or their respective products. ICS does not assume any liability or responsibility for these products or their availability. You should direct any concerns regarding any such device to the party manufacturing, supporting or distributing the specific device.6. REPRESENTATIONS AND WARRANTIES 6.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your subscriber account or ICS's use thereof in accordance with the terms and conditions of this Subscriber Agreement, will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain libelous or otherwise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. 6.2 You hereby indemnify, defend and hold ICS, its parent company, affiliates and the officers, directors, owners, agents, employees, shareholders, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all causes of action, claims, liabilities and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any other user of your account (whether or not such user has your permission) of the Subscriber Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. ICS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement, which affects the rights of ICS without ICS's prior written approval. 6.3 ICS neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through any ICS Site by any subscriber, information provider or any other person or entity. EACH OF THE ICS SITES, THE ACCESS SOFTWARE (as defined below), IF ANY, AND ANY MATERIALS PROVIDED BY ICS OR THIRD PARTIES THROUGH ANY OF THE ICS SITES ARE PROVIDED "AS IS." ICS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE ICS SITES. ICS SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF ANY OF THE ICS SITES, THE ACCESS SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY ICS OR THIRD PARTIES THROUGH THE ICS SITES, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF ICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law. 6.4 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ICS'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED U.S. DOLLARS ($100). 6.5 You hereby acknowledge that your use of the ICS Sites is at your sole risk. 7. REGISTRATION AND SECURITY 7.1 As part of the registration process, you will select a password and user name (collectively, an "ICS ID"). You shall provide ICS with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Subscriber Agreement, which may result in immediate termination of your account. You may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person other than yourself without authorization; or (iii) use a screen name that ICS, in its sole discretion, deems offensive. 7.2 (a) You shall notify ICS of any known or suspected unauthorized use(s) of your account, ICS ID or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information. (b) You shall be solely responsible for maintaining the confidentiality of your ICS ID. 7.3 You must be 18 years or older to subscribe to any of the ICS Sites. 7.4 You are responsible for all usage or activity on your account to any ICS Site. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at ICS's sole discretion, and you may be referred to appropriate law enforcement agencies. 8. FEES AND PAYMENTS 8.1 ICS reserves the right at any time to charge fees or change the price for access to any ICS Site. In the event that ICS so elects, it shall post notice in the Service Information Area. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the any of the ICS Sites by ICS or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You will not receive access to any service until subscription fees have been received by ICS. In the event of termination, your account will remain active through the end of the subscription term. You shall pay all applicable taxes relating to use of any ICS Site through your account. Your right to use any ICS Site is subject to any limits established by ICS in its sole discretion. 8.2 You understand that your subscription will renew automatically at the end of your subscription period until you request a cancellation (See Section 9. Termination), and you hereby authorize ICS (or its service provider) to charge your chosen payment method to pay for the ongoing costs of your subscription. 8.3 In the event that ICS issues a refund, such refund will be credited solely to the payment method used in the original transaction. ICS will not issue refunds by cash, check or to another credit card or payment mechanism. 9. SOFTWARE LICENSES 9.1 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you to access any ICS Site ("Access Software"). You may not sublicense, assign or transfer any licenses granted by ICS and any attempt at such sublicense, assignment or transfer is void. You may not copy, distribute, modify, reverse, engineer or create derivative works from Access Software. 10. TERMINATION 10.1 You may terminate your account at any time by requesting an order cancellation from a link in the Member Services section of the ICS Sites. If you are unable to access the Member Services section, you may cancel your account by calling 1-877-817-7423. Subscription fees will not be refunded upon any termination, and you will retain access through the duration of your subscription term. You are responsible for all charges incurred up to the time the account is deactivated, whether or not such charges were actually incurred by you. 10.2 ICS may, in its sole discretion, terminate or suspend your access to all or part of any ICS Site for any reason, including, without limitation, any breach by you of this Subscriber Agreement, or assignment of this Subscriber Agreement by you. 10.3 You acknowledge that site administrators have the right to terminate your membership without notice for any user who restricts, inhibits or disrupts any ICS Site event or attempts to alter or improperly access any feature or function of the ICS Sites. Your subscription may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of any ICS Site or ICS employee; post content (including the creation of usernames) that is offensive or otherwise disruptive of ICS activities; post unsolicited advertising; or impersonate a ICS employee or other individual. 11. MISCELLANEOUS 11.1 This Subscriber Agreement has been made in and shall be construed and enforced in accordance with Illinois law. Any action to enforce or in connection with this Subscriber Agreement shall be brought in the federal or state courts located in the Cook County, Illinois. 11.2 Official correspondence must be sent via postal mail to: ICS Entertainment, Inc.11.3 You consent to the personal jurisdiction of Illinois State and Federal Courts. 12. ACCEPTANCE 12.1 You hereby acknowledge that you have read and understand the foregoing Subscriber Agreement and agree to be bound by its terms and conditions. Enjoy the ICS Sites! You may send comments on the above terms of service, or any other matter relating to ICS's presence on the World Wide Web, to: realityadmin@spicetv.com. YOUR CALIFORNIA PRIVACY RIGHTS California residents who have an established business relationship with ICS may choose to opt out of ICS disclosing personal information about them to third parties for marketing purposes. From time to time, we may share your personal information with carefully screened companies that offer products or services that we believe you may enjoy. If you do not want us to share your personal information with such third parties, please send us your name, address, email address and phone number to calprivacy@spicetv.com. Your opt out request will be processed within 30 days of the date it was received. |