Terms and Conditions

[for Website End Users and Video Message Purchasers]

This Agreement is a legal contract between each end user (“You” and “Your”) of this Website  (“Website” means www.strippie.com and MH Operating LLC (a Delaware Limited Liability Company) (“Us,” “We,” or “Our”), the operator of this Website and the provider of the Products and Services described and governed by this Agreement. You should read it carefully and understand it thoroughly before visiting this Website. No one is permitted to use this Website or to order or to purchase any of the Products or Services described and governed by this Agreement without first entering into this formal and binding legal contract with Us.

By clicking the “I AGREE” button or by otherwise visiting, browsing, viewing, or using the Website or any of the information or function­ality provided by or through the Website, You manifest your con­sent to be bound by the terms of this Agreement and by any amend­ments to this Agreement which may be made pursuant to the provi­sions specified below.

Article 1 particularly governs and limits Your use of this Website, providing for Your rights and responsibilities and Ours. Similarly, all ordering, purchasing, and use of the Products and Servic­es offered through this Website shall be governed by Article 2 of this Agreement. The terms of Article 3 of this Agreement shall apply to all of the provisions of this Agreement and to all of the parties hereto (i.e. You and Us).

1 Use of Website

Your use of www.strippie.com (“the Website”) and of any and all of the in­formation and functionality provided by or through the Website shall be strictly governed by the provisions contained in this Article 1.

1.1 User Warranties

Your use of the Website and of any information or functionality provided through by or through the Website shall be conditioned on the following warranties made by You to Us. The complete truth of each of the following warranties is critical to this Agreement, and the breach or failure of any shall be cause for the immediate termination of this Agreement between You and Us and for the immediate revocation of all limited licenses and permissions for You to use this Website and any of the information or functionality provided by or through the Website. This Agreement also provides that you will indemnify, defend, and hold us harmless for any liability arising from your use of our Website and its facilities.

1.1.1 Age and Competence

You represent and warrant to Us that you are at least eighteen years of age and that you have at­tained any higher age of majority specified or required for lawful access to sexually explicit material either 1) in the jurisdiction where you live or 2) in the jurisdiction where you access the Website. You further represent and warrant to Us that You are competent to enter into binding legal contracts such as this Agreement and that You are under no general or particular obligation or disability which prevents Your full and complete performance under this Agreement, including but not limited to providing the warranties recited in all of the Subsections under Section 1.1.

1.1.2 Lawful and Legitimate Purpose and Actions

You represent and warrant to Us that Your purposes in accessing and using the Website and any information or functionality available by or through the Website are entirely lawful and that none of Your purposes involves the defamation, degradation, harassment, stalking, abuse, nonconsensual contact, or exploitation of any person and that none is otherwise malicious or tortious. You represent and warrant that Your use of this Website and the Services and/or Products it offers to deliver video messages will violate no law court order, including, but not limited to, an order of protection that prohibits You from contact with any named, protected person. You further represent and warrant to Us that you will not knowingly or negligently use the Website or any information or functionality available by or through the Website to violate any applicable law, to commit any tort, or to wrong any per­son, including but not limited to 1) Us, Our heirs, assigns, officers, director, managers, employ­ees, agents, representatives, or shareholders, 2) other users of this Website, 3) acquaintances of Yours, or 4) other persons whom You have or may encounter on the Internet or otherwise in the course of Your life. You warrant to Us that you are not acting as an intermediary or strawman, on or in behalf of another person, to facilitate any transaction which is illegal for that person to undertake himself or herself.

1.1.3 Personal Use. Business, Media, and Official Purposes Disclaimed.

You represent and warrant to Us that Your purposes in accessing and using the Website and any information or functionality available by or through the Website are entirely personal and that they do not relate to any business, news media reporting, or official activity conducted or to be conducted by You or by any other person or persons known to You, for whom or on behalf of whom, You act. You further represent and warrant to Us that You will permit no one else to use the Website or the information and functionality available by or through the Website in Your name or by impersonating You and that You will not allow any minors to access 1) the Website or information or functionality available by or through the Website or 2) any of our Products or Services.

1.1.4 Unimpeded Operation of Website and Internet

You represent and warrant to Us that none of Your purposes in accessing and using the Website and any information or functionality available by or through the Website involve interference or attempt to interfere with the ordinary and commonly expected functioning of any part of the Internet or of any digital computer or similar device, whether or not connected to or accessible through any part of the Internet. You further represent and warrant to Us that Your will not use the Website or any information or functionality available by or through the Website in connection with the dissemination or activation of any sort of malware, the initiation or perpetuation of any sort of advertising, spam, or electronic transmission designed to attack or disable the Website or any other website or Internet operation.

1.1.5 Intellectual Property and Restricted Content

You represent and warrant to Us—and by every act of commenting, posting, uploading, or other­wise using the Website or any of its functionality to transmit or display any expressive content on or through the Website, You shall further specifically represent and warrant to Us—with respect to all of the content which You shall upload or otherwise transmit 1) that it is not legally obscene or otherwise unlawful; 2) that it is not child pornography; 3) that it does not contain words, symbols, images, or any other content proscribed by Section 1.2.2.4 or 1.2.2.5; 4) that You have and maintain and at the time of uploading or transmission You had every right neces­sary for You to copy, use, transmit, display, and exploit the content as You have or will use it, and 5) that you had, have, and maintain every right necessary to grant to Us the intellectual property licenses and permissions specified (in the alternative) in Section 2.3.2. (You agree that You disclaim any copyright interest in all of your submissions to Us and every portion thereof and you warrant that your submissions to us and every portion thereof will be free of any content that infringes the copyright of any person, including, but not limited to your own.)

1.2 User Limited License

Subject to the warranties specified in Section 1.1 and to all of the provisions of this Agreement, We hereby grant to You a limited, revocable, and non-transferable license to visit, browse, view, and use the Website and to use the information and functionality provided by or through the Website for the limited purposes specified in this Agreement, free of charge, except for those charges plainly specified for the Products and Services provided by and through the website when those Products or Services are specifically ordered and purchased by You under this Agree­ment. This purpose and scope of this limited, revocable, and non-transferable license are describ­ed in Section 1.2.1; and said license does not entitle You to access or use the Website of any in­formation or functionality available by or through the Website contrary to the provisions of Sec­tion 1.2.2 or of any Subsection thereunder or contrary to any other provisions of this Agreement.

1.2.1 Permitted Use of Website

Under the limited revocable license to use this Website, You may view Website content and inter­act with the Website features in order to determine whether and when to specify, order, and ar­range for the delivery or display of one or more Video Messages under the terms of Article 2.

1.2.2 Restrictions on Website Use

The following use restrictions shall strictly apply to limit revocable license which We grant to You in this Agreement. You may not use the Website or any of the information or functionality provided by or through the Website in violation of the following use restrictions or of any other provision or provisions of this Agreement.

1.2.2.1 Illegality and Tortious Conduct

You may not use the Website or any information or functionality available by or through the Website for any criminal or tortious purpose or to any such effect. Nor may You—on the Website or through any of its functionality—request, solicit, enable, encourage, or promote any crime,  tort or the violation of any order of any court, including, without limitation, prostitution, unlawful drug use, fraud, stalking, abuse, nonconsensual contact, money launder­ing, kidnapping, illegal trafficking, or any travel or inducement which is illegal for you or for others with whom you are involved. You may not engage in any illegal or tortious activity with or involving any other person whom You meet or learn about through the Website or any infor­mation or functionality available by or through the Website, and You may not use the any part of the Website or any of Our Products or Services to propose, conspire for, or transact any such activity.

1.2.2.2 Fraud and Mischaracteriztion

You may not use the Website or any information or functionality available by or through the Website to defraud Us or anyone else in any manner or to convey or advance any false or mis­leading information or claim; nor may You—on the Website or through any of its functionality—misrepresent yourself or impersonate any other person or to place any order on or behalf of any other person whatsoever.

1.2.2.3 Harassment and Related Misconduct

You may not use the Website or any information or functionality available by or through the Website to harass or unreasonably annoy any other person or persons; nor may You—on the Website or through any of its functionality—defame any other person or persons or cast him, her, or them in any false light or subject anyone to unreasonable ridicule or to any other abuse. You may not use the Website or any information or functionality available by or through the Website to convey any racist, sexist, or invidiously discriminatory attack or message, whether directed to one or more persons individually or to a more general audience. You may not use this Website or its Products or Services to violate any order of court or to stalk, abuse, or make contact that is nonconsensual or otherwise illegal. With respect to this use restric­tion, We may establish and enforce rules of decorum or enforce common civility for the Website as We may determine in our sole discretion at any time without prior notice or warning.

1.2.2.4 Intellectual Property, Repeat Infringer Policy

You may not use the Website or any information or functionality available by or through the Website to generate, upload, post, display, or transmit in any manner any written, graphic, or other expression which violates or infringes the copyright, trademark, service mark, or other similar mark, trade secret, right of publicity or privacy, or other intellectual property or similar right of Us or of any other person; nor may You upload, post, display, or transmit in any manner any such expression to which you lack the legal right to convey to Us the intellectual property licenses and permission specified (in the alternative) in Section 2.3.2. We maintain and enforce a repeat infringer policy whereby We reserve the right to unilaterally terminate this Agreement between You and Us if we reasonably determine that You have infringed a copyright or otherwise violated the intellectual property rights of any person or persons on 2 distinct occasions in any upload to or use of the Website (or any of its facilities) or transmission of any matter to us for publication, in whole or in part.

1.2.2.5 Sexually Explicit Content

You may not use the Website or any information or functionality available by or through the Website to generate, upload, post, display, or transmit in any manner any written, graphic, or other expression which is legally obscene; nor may You use the Website or any of its functionality to generate, upload, post, display, or transmit in any manner any form of child pornography. You may not use the Website or any information or functionality available by or through the Website to generate, upload, post, display, or transmit in any manner any image or images of one or more actual persons engaged in actual or simulated sexual intercourse, bestiality,  masturbation, sadis­tic or masochistic abuse, or lascivious exhibition of any person’s genitals or pubic area. With respect to this use restriction, We may establish and enforce rules of decorum or enforce common civility for the Website as We may determine in our sole discretion at any time without prior notice or warning.

1.2.2.6 Interference with Operations

You may not use the Website or any information or functionality available by or through the Website in any manner which interferes with the use by any other person or persons of any part of the Website or of any of Our Products or Services; nor may You alter or delete any informa­tion or content posted on or transmitted to the Website or through any of its functionality by any person other than Yourself. You may not access the Website or any of its functionality in any un­authorized manner, including without limitation by spidering or other automated access, by accessing areas of the Website or by using any of its functionality or any of Our Products and Services to which you are not entitled under this Agreement, by reverse engineering the Website or any of its functionality, or by interfering with any of the hardware or software which we use to operate the Website and its functionality. You may not use the Website or any information or functionality available by or through the Website to originate, disseminate, activate, or in any manner propagate any digital virus, Trojan horse, cookie, or other malware, to initiate or perpetu­ate of any sort of advertising, spam, or electronic transmission designed to attack or disable any the Website or any other website or Internet operation, or to interfere or attempt to interfere with the ordinary and commonly expected functioning of any part of the Internet or of any digital computer or similar device, whether or not connected to or accessible through any part of the Internet.

1.2.2.7 Similar Misconduct

You must—when visiting or using the Website or any information or functionality available by or through the Website and in connection with any of Our Products or Services—refrain from all misconduct similar to the foregoing and from any other unreasonable use of the Website or any information or functionality available by or through the Website. With respect to this use restric­tion, We may establish and enforce use rules for the Website as We may determine in our sole discretion at any time without prior notice or warning.

1.3 Operator Rights and Authority

Our rights and authority in connection with Our operation and governance of the Website are specified in this Section 1.3 and in all of the Subsections hereunder, and we have and retain the other rights otherwise specified in this Agreement.

1.3.1 Website Operation and Governance

We may exercise Our sound discretion and apply Our business and other judgment in the design, marketing, operation, and maintenance of the Website and any information or functionality avail­able by or through the Website and in Our offering of Our Products and Services to You and to others. We may alter, amend, or discontinue any portion of the Website or its functionality or any aspect of the Products or Services we offer in our sole discretion. We may, in our sole discretion, add or delete Website functionality or expand or contract the range of Products and Services which we offer to You or to others. In order to reflect changes in the applicable law or for any other purpose, we may alter the rules, terms, and conditions under which the Website may be used by You and others—altering the permissible use policies and, where necessary, amending this Agreement under Section 3.4.2. Notwithstanding any such change in Website operation or policy, We will honor the terms of any specific outstanding agreement between You and Us to provide Products and Services which You have previously ordered.

1.3.2 Website Governance, Enforcement of Rules

In the course of operating the Website and Providing Our Goods and Services we will, in Our sole discretion, formulate and publish policies and make and enforce rules concerning the proper use of the Website and any information or functionality available by or through the Website and concerning transactions involving Our Products and Services. We hereby expressly reserve the authority to implement Our policies and enforce Our rules by any reasonable means, including revoking Your limited license, terminating this Agreement between You and Us, and prohibiting You from any further use of the Website or the information or functionality available through the Website.

1.3.3 Extent and Limits of User Privacy

We hereby publish this Our privacy policy concerning the personally identifiable information which We collect from You and the uses to which We will and will not put such information.

1.3.3.1 Privacy Policy

We do collect information with the potential of personal identification from anyone who browses the Website, including but not limited to “tracker information” such as Your IP address, operating system, screen resolution, Your choice electing whether to agree to this Agreement, a record of the times and dates of Your visits to particular pages of this Website, including but not limited to its entry and ordering pages, internal navigation in the pages of this Website, any web page You visited and left immediately before accessing this Website, the page of this Website at which You exited this Website and your web destination, and other such similar “tracker information”. We do collect and retain “tracker information” without to regard as to whether You have used the features of Your browser to select a “Do Not Track” function. We disregard such a choice. We may collect and store a record of Your assent to this Agreement that is identifiable by Your IP Address and the time and date of Your assent. The use of the Website does involve the storage of cookies on Your computer or other digital device and on those of other users of this Website. These cookies help Us 1) to indicate when each user must review and consent to an amendment of this Agreement, 2) to verify that You have accepted this Agreement, 3) to aggregate and collect individually-identifiable information concerning site use, and 4) to target advertising.

In operating the Website, We must collect information about those who order Our Products and Services. For each such person, this information consists of 1) his or her first (i.e. given) name; 2) his or her email address as provided to Us; 3) his or her telephone number (if provided to Us in order to facilitate SMS delivery or display); 4) his or her choice of theme for each video message order­ed; 5) his or her choice of model type for each video message ordered; 6) the verbal message which he or she suggested to Us in connection with each video message ordered; 7) the first (i.e. given) name, as provided to Us, which he or she specified for the recipient of each video message ordered; and 8) Your age and the age of the intended recipient, all as You have provided to Us. Personally identifiable information required for billing for Our Products and Services is collected by Our third-party biller and is not known to or retained by Us.

We will share the foregoing information retained by Us with Our staff, agents, and attorneys as necessary to conduct Our business properly and to operate the Website effectively, and with ad­vertising partners, contractors, and business associates of Our choosing who may offer goods or services of interest to You, as permitted by law. We may share any and all personally-identifiable information which we collect for any lawful purpose.

A user who has provided us with information may correct or update that information by contac­ting Us through the “Contact Webmaster” button on the Website and expressly and prominently indicating that the message contains “PRIVACY POLICY INFORMATION CORRECTION.”

1.3.3.2 Modification of Privacy Policy

The foregoing privacy policy first became effective on April 29, 2016, and it was most recently amended on April 29, 2016. We hereby expressly reserve the right to change the privacy policy which governs this website at any time in Our sole discretion. If we do so, we will amend Section 1.3.3.1 as necessary to fully and accurately state the new terms of the policy. Section 1.3.3.1, as it may be amended from time to time, will thus always represent the current privacy policy which applies to the Website, and this Section will always indicate the date of its most recent amendment.

1.3.3.3 Notice for California Consumer Assistance

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

1.3.3.4 SMS Communication Policy

Call and SMS Data : Our Services facilitate communications between Strippie platform and user (customer). In connection with facilitating this service, we receive SMS data, including the date and time of the SMS message, the parties’ phone numbers, and the content of the SMS message. You may be charged by your carrier for standard SMS rates if applicable.

1.4 Operator Property

We retain all aspects of the Website and all of its content (other than comments posted by users) as our intellectual property. The limited, revocable, and non-transferable license granted to You by this Agreement transfers no ownership or other property interest to You or to anyone claiming through You to any portion of the Website or to any of the digital equipment on or through which the Website operates.

1.5 Liability

The provisions of this Agreement, and particularly the terms of this Section 1.5 and all Subsec­tions hereunder and Section 2. and all Subsections thereunder below, allocate certain risks be­tween You and Us and limit Our liability to You.

1.5.1 Right to Alter/Discontinue Website and Rules

We shall not be liable to You or to anyone claiming through You on account of Our exercise of Our discretion as specified in Section 1.3.1 concerning changes in Website operations or policies or concerning alteration or discontinuance of all or any portion of the Website or of any of Our Products or Services.

1.5.2 Assumption of Certain Risks

We do not guarantee or warrant to You the accuracy or completeness of any information or content contained on or available by or through the Website nor used in Our Products or Services. You agree that you rely on any information and functionality available by or through the Website only at your own risk, and You understand and agree that errors may remain undetected or uncorrected at any time whatsoever. We do not guarantee or warrant to You the compatibility of the Website or any of its functionality with Your computer or other digital hardware, with Your software, or with the protocols properly executed by Your hardware or software.

1.5.3 General Disclaimer of Warranties and Assumption of Risk

In order to provide you with free browsing of the Website, we are un­able to make any warranties or representations concerning any benefits or opportunities you may enjoy from using the Website. We hereby disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for any par­ticular purpose, title, and noninfringement. We make the Website available to you “as is,” without any warranties whatsoever concer­ning the nature or accuracy of any content or material on the Web­site (either when originally posted or over the passage of time) and without any other representations or guarantees at all. Further­more, we make no representations, warranties, or guarantees that the Website will accessible, secure, or error-free continuously and without interruption. In no event will we be liable to you for any consequential, incidental, or special damages, including any lost profits, even if you have notified us about such damages or the possibility thereof, nor shall we be liable for any claims by third parties.  SOME JURISDICTIONS DO NOT ALLOW FOR THE WAIVER OR EXLUSION OF CER­TAIN WARRANTIES INCLUDING A DISCLAIMER OF CONSEQUENTIAL DAMAGES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

In the event of any conflict between this Section 1.5.3 and any other claims, representations, warranties, or guarantees which you may have heard from Us or others concerning the Website and the infor­mation and functionality provided by or through the Website, the terms of this Section 1.5.3 shall control, and you agree to consider such other matters as expressions of nonbinding policy or of aspira­tional goals.

1.5.4 General Limitations of Liability

In order to provide you with free browsing of the Website, we must limit our liability for any conduct, acts, or omission occurring on or in connection with the Website or any information or function­ality provided by or through the Website. In no event will we be liable to you for any consequential, incidental, or special damages, including any lost profits, even if you have notified us about such damages or the possibility thereof, nor shall we be liable for any claims by third parties.  SOME JURISDICTIONS DO NOT ALLOW FOR THE WAIVER OR EXLUSION OF CER­TAIN WARRANTIES INCLUDING A DISCLAIMER OF CONSEQUENTIAL DAMAGES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

1.5.5 Force Majeure, Service Interruption, and Equipment Damage

We shall not be liable to You for the failure, as a result of force majeure or otherwise be­yond our reasonable control, of any component of the Internet or of the Website or any of its functionality, for delays or interruptions of Website operations, or for theft or inadvertent loss of computer files, including information about You and other users of the Site. Nor shall We be liable to You or to anyone else for any damage to any of Your computers, other digital or communications devices, or related equipment, or those of others, resulting from the use of the Website or any information or functionality available through the Website.

2 Purchase of Video Messages

In addition to all other provisions of this Agreement, the terms of this Article 2 apply to the ordering, specification, purchase, and delivery or display of the video messages available through the Website. The term “video greeting” is used herein interchangeably with “video message” and possesses the same meaning.

2.1 Purchase Orders

You may Order from Us the preparation and delivery or display of one or more video messages to be created and delivered by Us at a time and to a person whom You specify.

2.1.1 Nature of Video Massages

Before ordering any video message, You may use the Website to view sample video messages and to understand how and the extent to which You may specify the details of any video message which You order and purchase. In general, each video message consists of a short audio-visual clip provided in a standard digital format suitable for viewing on typical personal computers, smart phones, or other common digital devices. Each audio visual clip will typically deliver a friendly message—such as a birthday or anniversary greeting, congratulations, or best wishes—delivered by a model retained by Us. The messages may be erotic in nature, which is why they must be strictly limited to adults only. We handle the production and delivery or display of the video mes­sages according to Your specifications.

2.1.2 Selection and Ordering of Video Messages

You may order a video message by using the Website functionality to provide to Us 1) Your first (i.e. given) name; 2) the full name of the person who shall receive the particular video message; 3) the email address of your intended recipient, 4) the age of your intended recipient,  5) Your email address; 6) Your telephone number (if You select optional SMS delivery or display); 7) the general theme (which You select from a menu provided on the Website); 8) the type of model (which You select from a menu provided on the Website) who will appear in the audio visual clip and create or perform the message; and 9) a short text authored by You suggesting a specific message for the model to deliver. We reserve the right to refuse to produce or deliver any message proposed by You which violates any of the Website use restrictions specified in Section 1.2.2, or any Sub­section thereunder, or which We, in our sole discretion, deem unsuitable or inappropriate. We expect and will generally approve messages which are erotic in nature. You warrant and represent to Us that all of the information that You provide us is accurate and truthful, knowing that we will rely upon its accuracy in determining to accept your order under this Agreement.

2.1.3 Approval and Purchase of Video Messages

You submit each ordered video message to Us for Our approval using functionality provided on the Website. At the same time, using the functionality provided on the Website, you tender to Us the payment prescribed on the Website for the purchase and delivery of that video message. Ten­dering payment through the Website functionality requires that you submit additional payment processing information to Our third-party biller. Once We determine that We approve your order­ed video message, We will notify You of Our approval and collect Your payment for production and delivery of that video message. Should We reject Your proposed video message, we will in­form you by email, and direct Our third-party biller to refund the purchase price to You.

2.1.4 Production and Delivery/Display of Video Messages

We will produce and electronically deliver or display each approved video message ordered by You on a schedule specified on the Website at the time of Your order. Each of Your ordered messages will delivered in the manner selected by You from available options dsplayed on the Website at the time of Your Order. You similarly select the time (subject to the precision and uncertainty described on the Website) of delivery.

2.2 Purchase and Order Fulfillment

Upon Our approval of Your ordered video message, and prior to its production, We will direct Our third-party biller to transfer to Us the purchase price paid by You for that video message. We will thereupon produce and deliver or display the video message as specified in Section 2.1.4. We will deliver to You a link leading to the display of the video greeting, which You may further transmit to your intended recipient. You and Your intended recipient may be required to enter into another agreement confirming the legality of the delivery, the identity, location, and age of the individuals ordering and receiving the video greeting, intellectual property rights, and the limited nature of the license afforded, as a condition of delivery. Your failure and/or the failure of Your intended recipient to enter into such agreement will not void or cancel the transaction or provide you with any right to a refund. The link provided will work to display the greeting no more than ten times and only during a period of five days after it is first viewed, and thereafter the link will no longer function to display the video greeting unless an additional agreement is entered into and an additional fee is paid to Us.

2.3 Rights to Video Messages

You and We agree that We retain all intellectual property rights—including without limitation all related copyrights, trademarks, service marks, and rights of publicity and privacy and including the limited license which You grant to Us (as provided in Section 2.3.2) to any and all portions of the audio-visual message which You shall order—to each video message which We produce and deliver, except as specified in Section 2.3.1.

2.3.1 Limited License for Purchaser and Recipient

You and/or the recipient of any video message purchased by You are hereby granted a limited, non-transferable right to privately display and re-display each video message which You purchased, limit­ed to strictly personal settings where no minors will be exposed to its content only in jurisdiction in which its transmission and display is lawful.  The license thus granted is limited to private, nonpublic, noncommercial displays. You are granted a license to forward an operational link to the video greeting to your intended recipient, but conditioned upon Your acceptance and his or her acceptance of an additional agreement confirming the legality of the delivery, the identity, location, and age of the individuals ordering and receiving the video greeting, intellectual property rights, and the limited nature of the license afforded. No license is granted hereunder or will be granted to download, transfer, duplicate any audiovisual digital file or to make still image captures of any part or portion of the video greeting.

2.3.2. Intellectual Property Rights

You hereby expressly agree that in consideration of Our agreement to create a video greeting in line with or inspired by your order, you do irrevocably and forever assign all rights including but not limited to Copyright contained in your order placed with us.  You disclaim any copyright in your submission of information to Us and in the video greeting which We produce at Your order. If for any reason, the foregoing language does not extinguish any and all copyright You may putatively hold in the submission or in the video greeting We produce, You do now and forever assign any and all such rights to Us in consideration of accepting Your order and creating the video greeting at your request. You  further expressly agree that, should the foregoing sentence be unenforceable for any reason, Your act of suggesting a verbal message for inclusion in an video message which You ordered from Us granted to Us a limited license to use Your suggestion in a video message produced by Us, and that this license includes the right to reproduce, display, publish, transmit, deliver, and re-display the particular video message in any manner, media, or means, at any location in the world or on the Internet, at any time, forever.

2.4. Additional Warranties and Liability Limits

In addition to the warranties, allocations of risk, and liability limitations specified in Article 1 concerning You as a mere browser of the Website, the following warranties, risk allocations, and liability limitations apply to any and all transactions You may undertake pursuant to Article 2. In particular, You may not order any video message if any of the additional purchaser warranties specified in Section 2.4.1 do not fully apply under the specific circumstances of Your order.

 

2.4.1. Additional Purchaser Warranties

You represent and warrant to Us that every person You will specify as a recipient of any video message which You order from Us will be, at the time of Your order, at least eighteen years of age and that he or she will have attained any higher age of majority specified or required for lawful access to sexually-explicit material either 1) in the jurisdiction where he or she lives or 2) in the jurisdiction where he or she will receive the video message. You further represent and warrant to Us that every person You will specify as a recipient of any video message which You order from Us is, at the time of Your order, personal­ly known to You and that the circumstances of Your relationship are such that the person who you identify for  receipt of the particular video message which You order will not thereby be harassed, abused, degraded, humiliated, or seriously embarrassed by the receipt the video message under the circumstances which You have directed. You warrant and represent that all of the information that you provide us with be truthful, accurate, and comprehensive, knowing that we will rely upon it in making important decisions of great weight and consequence about whether to accept Your order.

 

2.4.2. Additional Warranty Disclaimers and Liability Limits

The following additional provisions apply to Our Products and Services available under this Article 2, particular to the video messages provide for herein.

2.4.2.1 Assumption of Certain Risks

We shall use standard and widely accepted file protocols for the digital files containing the video messages which we produce and deliver. We do not otherwise guarantee or warrant to You the compatibility of digital file used to deliver the any video message with Your or the message recipient’s computer or other digital hardware, Internet connection, software, or the protocols properly executed by said hardware or software.

2.4.2.2 General Disclaimer of Warranties and Assumption of Risk

we make No warranties or representations concerning any benefits or opportunities you may enjoy from ordering or purchasing our Products or services. We hereby disclaim all warranties, express or implied, including, but not limited to, warranties of merchantabil­ity, fitness for any particular purpose, title, and noninfringement. We make our products and services available to you “as is,” without any warranties whatsoever and without any other representations or guarantees at all. We disclaim any liability for consequential damages arising from any products or services we may provide. SOME JURISDICTIONS DO NOT ALLOW FOR THE WAIVER OR EXLUSION OF CER­TAIN WARRANTIES INCLUDING A DISCLAIMER OF CONSEQUENTIAL DAMAGES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU

In the event of any conflict between this Section 2.4.2.2 and any other claims, representations, warranties, or guarantees which you may have heard from Us or others concerning our Products and Services, the terms of this Section 2.4.2.2 shall control, and you agree to con­sider such other matters as expressions of nonbinding policy or of aspirational goals.

2.4.2.3 General Limitations of Liability

we shall not be liable to You  for any conduct, acts, or omission occurring in connection with the production or delivery of any of Our Products or Services. In no event will we be liable to you for any consequential, incidental, or special damages, including any lost profits or personal disappointments, even if you have notified us about such damages or the possibility thereof, nor shall we be liable for any claims by third parties, including any recipient You have designated for a video message. In the event of a failure of any video message or of the delivery of any video message, Our liability to You shall be limited to a refund of Your Purchase price. SOME JURISDICTIONS DO NOT ALLOW FOR THE WAIVER OR EXLUSION OF CER­TAIN WARRANTIES INCLUDING A DISCLAIMER OF CONSEQUENTIAL DAMAGES, SO SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU

3 Contract

The general operation, application, interpretation, and duration of this Agreement are governed by the terms of this Article 3.

3.1 Parties

Whether You are simply a user of the Website, casual or otherwise, or whether You have also be­come a Purchaser under Article 2, the following provisions specify and govern Your relationship with and obligations to Us.

3.1.1 Relationship

This Agreement does not create any partnership, joint venture, agency, franchise, or employment relationship between You, or anyone claiming under You, and Us or any of Our heirs, assigns, officers, director, managers, employees, agents, representatives, or shareholders. Other than Our heirs, assigns, officers, director, managers, employees, agents, representatives, and shareholders, there are no third-party beneficiaries to this Agreement.

3.1.2 Assignment

You may not assign your rights under this Agreement to any other person without Our prior, writ­ten consent. Absent extraordinary circumstances, we will refuse such consent in favor of termi­nation of this Agreement between You and Us and commencement of new Agreement between Your proposed assignee and Us. We may assign our rights and obligations under this Agreement as necessary to accomplish any sale, bulk transfer, merger, or acquisition or any other lawful change in our business structure.

3.1.3 Notice

We will serve You with any general information necessary under this Agreement by information conspicuously posted on the Website. We will serve You with any specific notices necessary under this Agreement by emailing them to You at the email address which You most recently gave Us for that purpose. You will use the “Contact Webmaster” link on the Website to serve Us with any notice necessary under this Agreement, except that You will use the “My Account” page to alter Your contact or billing information. Any notice which You send to Us by using the “Con­tact Webmaster” link of the Website must contain the term “FORMAL NOTICE” in the subject line. You and We consent to receive notices under this Agreement from us by email or other elec­tronic communication, as prescribed in this Section 3.1.3; and You promise Us that You will monitor the email which You receive on a timely basis.

3.2 Interpretation

The meaning of this Agreement and the application of its terms shall be governed by the provisions of this Section 3.2 and all of the subsection hereunder, as well as the other applicable provisions of this Agreement

3.2.1 Applicable Law

The interpretation, construction, and application of this Agreement shall be governed by the law of the State of Illinois excepting only its choice of law provisions.

3.2.2 Severability

If any provision of this Agreement is finally held by a tribunal of competent jurisdiction to be invalid or unenforceable for any reason, including but not limited to a change in the applicable law, then the invalid or unenforceable provision shall be applied as reasonably modified, insofar as such application is possible. Whether or not any particular invalid or unenforceable provision may be reasonably modified and applied, the remainder of this Agreement shall remain in full force and effect, and the allocations of risks specified in this Agreement shall be given the fullest possible effect.

3.3 Enforcement

The Terms of this Section 3.3, and of all of the subsections hereunder, govern the application of this Agreement between You and Us and the processing and resolution of disputes involving Your use of the Website or of Our Goods and Services.

3.3.1 Litigation by or Against Others

The terms of this Section 3.3.1 and of each subsection hereunder govern Your obligations to Us with respect to disputes, investigations, litigation, litigation, and other proceedings involving Us or Our heirs, assigns, officers, director, managers, employees, agents, representatives, or share­holders where You are not Our adversary.

3.3.1.1 Hold Harmless Agreement

You hereby agree that You will hold and save Us, Our heirs, assigns, officers, director, managers, employees, agents, representatives, and shareholders harmless from any claim or liability or from any settlement of any liability claim arising on account of Your use of the Website or of any in­formation or functionality provided by or through the Website including, but not limited to the production and/or delivery of any video greeting which You may order, and that You will indemnify Us and each of the foregoing against any such judgment or settlement. You further agree that, in connection with Our or the others’ defense against any such claim, you will pay the reasonable attorneys’ fees generated by counsel of Our choosing, but that we will exercise complete control, in our sole discretion, over the course of the litigation and over any decision concerning settle­ment or continued litigation.

3.3.3.2 Cooperation

Upon Our reasonable request—and without any compensation to you, beyond reimbursement for your reasonable out-of-pocket expenses as previously disclosed to us and approved by us, which shall not include attorney’s fees incurred by You,—You shall cooperate with Us by 1) providing a truthful written response to any inquiry we may make to you in connection with the operation of the Website or the provision of any of our goods and services; 2) Your execution of any truth­ful written documents required by any court or tribunal or reasonably required by Us in order to effect Your cooperation with Us, to investigate into facts and circumstances, to defend Ourselves against allegations of misconduct, to enforce this Agreement, or for any other lawful purpose; 3) Your production of any documents or other things as required by a tribunal or as reasonably re­quired by Us; and/or 4) Your participation in any legal proceeding or portion of a legal proceed­ing arising under this Agreement, from the operation of the Website, or from the provision of any of Our goods and services, giving truthful testimony and providing documents or other tangible things, and/or providing other truthful answers as required or as may be useful or convenient to Our defense in trials, hearings, depositions, or interrogatories. For the purposes of this Section 3.3.3.2, the term “legal proceeding” includes any arbitration proceeding commenced under Sec­tion 3.3.2.1 of this Agreement or otherwise properly commenced.

3.3.2 Arbitration/Litigation

The resolution of any dispute arising between You, or anyone claiming though You, and Us, or any of Our heirs, assigns, officers, director, managers, employees, agents, representatives, and shareholders shall be governed by the provision of this Section 3.3.2 and all subsections hereof.

3.3.2.1 Arbitration

Any dispute between You, or anyone claiming through You, and Us arising under this Agreement shall be resolved exclusively through binding arbitration conducted at the place specified in Sec­tion 3.3.3 under the auspices of the American Arbitration Association applying its rules concer­ning commercial arbitration. To the extent that the foregoing sentence may not control, the courts specified in Section 3.3.3 shall provide the sole forum and the exclusive venue for the resolution of any such dispute. In any such proceeding, the arbitrator, arbitration panel, or court shall defer, where appropriate, to Our reasonable business judgment. In any such proceeding, the arbitrator, arbitration panel, or court shall, in addition to any other proper award, decision, and order, award to any and all persons who have substantially prevailed on the merits their reasonable legal ex­penses, including their reasonable attorneys’ fees.

3.3.2.2 Venue

Any and all arbitration proceedings conducted pursuant to Section 3.3.2 shall, absent the full and express consent of all of the parties to any particular arbitration, be conducted exclusively within the County of Cook in the U.S. State of Illinois. Any litigation arising under this Agreement shall, to the extent permitted at all under Section 3.3.2, be brought in a state and federal court of competent jurisdiction sitting in Chicago, Illinois.

3.3.2.3 Class Action Waiver

You hereby irrevocably waive, to the fullest extent permitted by applicable law, any right You might otherwise have to join any of Your claims with those of others in the form of a class action or any other similar procedure. You, and those claiming though You, agree to assert any claim which You or they may have against Us, or any of Our heirs, assigns, officers, director, man­agers, employees, agents, representatives, and shareholders individually and not as a member of a class.

3.3.2.4 No Waiver by Inaction

No failure by You or by Us to exercise any right or option under this Agreement or to enforce any provision of this Agreement shall nullify any provision of this Agreement or operate as a waiver of any of the failing Party’s rights to exercise options or to enforce any provision with respect to similar or subsequent situations, disputes, or breaches.

3.4. Integration, Amendment, and Duration

The scope and coverage of this Agreement between You and Us, and the circumstances by which it may be amended or terminated altogether are specified by this Section 3.4 and all of the Sub­sections hereunder.

3.4.1 Entire Agreement

This written Agreement constitutes and memorializes the entire understanding and all of the promises, warranties, and agreements between You and Us. Any and all prior or contemporane­ous proposals, understandings, expectations, agreements, promises, patterns of dealings, and warranties are hereby merged into this writing, and none survives or is enforceable except as contained in this Agreement.

3.4.2 Amendment

We may, from time to time amend this Agreement by altering the authoritative document reflec­ting this Agreement appearing on the Website, which document will always prominently reflect the date on which it was most recently modified. You may propose amendments to Us in a physi­cal writing (i.e. not by email) directed to Us, but no such proposal shall alter or become a part of this Agreement unless and until it is accepted by Us and implemented by an alteration to the authoritative document reflecting this Agreement. All amendments to this Agreement take effect immediately upon posting on the Website; and by Your continued use of the Website or of any information or functionality available by or through the Website, you consent to be bound by this Agreement as amended. You expressly agree that you will review the authoritative document re­flecting this Agreement and check for changes each time you use the Website or any of the infor­mation or functionality available by or through the Website and/or its facilities. Through the use of a cookie which We store on Your computer, You will be prompted to manifest Your assent to any amendment to this Agreement which we have made since you last visited the Website; and You agree that You will not alter that cookie or interfere with its functionality. If you do not consent to be bound by this Agreement as amended under this Section, then Your limited license granted herein shall thereby be revoked, and You must cease all further use of the Website and of the in­formation and functionality available by or through the Website. No amendment to this Agree­ment shall affect the terms of any transaction involving Our goods or services to which You and We have already agreed. You hereby agree to waive any claim for a refund or for other damages resulting from any amendment of this Agreement under this subsection.

3.4.3 Duration

This Agreement between You and Us, as it may be amended from time to time pursuant to Sec­tion 3.4.2, shall persist so long as you continue to use the Website or any information or func­tionality provided by or through the Website and so long as there are continuing or uncompleted transactions between You and Us involving Our goods and services under Article 2.

3.4.4 Termination

You may terminate this Agreement at any time when there are no continuing or uncompleted transactions between You and Us involving Our goods and services under Article 2 and You de­cide to discontinue all further use of the Website and of any information or functionality provid­ed by or through the Website. We may terminate this Agreement if we decide, in our sole discre­tion, to discontinue operating the Website in its present format or offering the types of Products and Services specified in Article 2 or for cause, on account of Your violation of any provision of this Agreement, including without limitation the use restrictions specified in Section 1.2.2 and each Subsection thereunder and for repeat copyright infringement under Section 1.2.2.4 or on account of the failure of payment due to Us under Article 2. In case of any such termination, the terms of this Agreement concerning the warranties You have made to Us, the disclaimers of Warranties and the limitation of liability contained in this Agreement, your cooperation with Us, and the enforcement of this Agreement shall survive the termination and remain binding upon You and Us.