Livepeeks.com Terms of Use Agreement
Welcome to Livepeeks.com, a service of Petrus Media, LLC, a Petrus Media, LLC, (hereinafter referred to as "Petrus Media, LLC", "Petrus Media, LLC", "livepeeks.com", "site", "our", "we", or "us"). You must read and agree to these terms and conditions before you may access or view our sites. Please read them carefully. By visiting Livepeeks.com, you are agreeing to its terms. This Agreement is subject to change at any time and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement. For purposes of the Terms of Use, Petrus Media, LLC includes its shareholders, directors, officers, employees, agents, affiliates, subsidiaries and any affiliated companies.
1. Eligibility:
You must be eighteen or over to register as a member of or use this site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18 years old (or 21 years old in any location where 18 is not the age of majority) and you are interested in and wish to have access to visual images, verbal and written descriptions, and audio sounds of a sexually-oriented and frankly erotic nature. The materials that are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18 years old (or 21 years old where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials.
By using and/or viewing this site you represent and warrant under penalty of perjury the following:
A) That you are an adult, at least 18 years of age (or 21 years where 18 is not the age of majority).
B) That you will not permit any person(s) under 18 years of age (or 21 years where 18 is not the age of majority) to have access to any of the materials contained within this Site.
C) That you understand that when you gain access to this site, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually-oriented materials and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
D) That you further represent and warrant that you have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.
E) That you represent and warrant that you have not and will not use and/or view the Site(s) in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
2. Fees/Termination:
Petrus Media, LLC's usage and/or subscription fees were provided to you upon registration and may change from time to time upon electronic notice to you. Petrus Media, LLC reserves the right to terminate your access to the site for any reason or no reason. Petrus Media, LLC may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If Petrus Media, LLC terminates your membership in the Petrus Media, LLC service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including, but not limited to, the preamble, and paragraph 2, 4, 5, 6, 8, 10, 12 and 14, inclusive, of this Agreement.
You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Webmaster
Petrus Media, LLC
726 S. Casino Center Blvd.
Suite 207 Las Vegas,
Nevada 89101
3. Non-Commercial Use by Members/Viewers:
Petrus Media, LLC is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of Petrus Media, LLC and should not use Petrus Media, LLC for any purpose. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited bulk commercial e-mail will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In order to prevent the sending of unsolicited email to its members, Petrus Media, LLC may take reasonable steps, including the limiting of the numbers of emails sent by a member.
4. Proprietary Rights of Content on Petrus Media, LLC:
Petrus Media, LLC owns and retains other proprietary rights on Livepeeks.com. The Site contains the copyrighted material, trademarks, and other proprietary information of Petrus Media, LLC and its licensors. Except for that information that is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
5. Content Posted on Petrus Media, LLC/CDA:
A) Petrus Media, LLC claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Petrus Media, LLC may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment Petrus Media, LLC violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Petrus Media, LLC, its employees, independent contractors, performers and/or its members.
B) You are solely responsible for the content that you publish or display (hereinafter, "post") on Petrus Media, LLC or transmit to other Petrus Media, LLC members.
C) By posting content to any public area of Petrus Media, LLC, you automatically grant, and represent and warrant that you have the right to grant, to Petrus Media, LLC,. and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity and Content and to prepare derivative works of, or incorporate into other works and other media, such information and Content, and to grant and authorize sublicenses of the foregoing. As a visitor to Petrus Media, LLC, if you provide us with your e-mail address via a registration process or post it on Petrus Media, LLC, you thereby authorize Petrus Media, LLC and its affiliates and any entities that Petrus Media, LLC, becomes involved with or merges with, the right to use and/or sell your valid email address for any marketing programs or communications with you.
D) The following is a partial list of the kind of Content that is illegal or prohibited on the site. Petrus Media, LLC, will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the service and terminating the membership of such violators. It includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 18; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the Petrus Media, LLC service in a manner consistent with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of Petrus Media, LLC. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to Petrus Media, LLC by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Petrus Media, LLC members. Although Petrus Media, LLC cannot monitor the conduct of its members off the Petrus Media, LLC site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.
6. Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Petrus Media, LLC service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Petrus Media, LLC's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
DMCA AGENT
Petrus Media, LLC
726 S. Casino Center Blvd.
Suite 207 Las Vegas,
Nevada 89101
It is the intention of Petrus Media, LLC to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
7. Member Disputes:
Petrus Media, LLC does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other Petrus Media, LLC members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on a Petrus Media, LLC site, you release Petrus Media, LLC, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Petrus Media, LLC reserves the right, but has no obligation, to monitor disputes between you and other members.
8. Privacy:
Use of the Petrus Media, LLC site and/or its service is governed by our Privacy Policy which may change from time to time upon electronic notice to you.
9. Disclaimers:
Petrus Media, LLC, including its shareholders, officers, directors, agents employees, subsidiaries and affiliated company, is not responsible for any incorrect or inaccurate Content posted on the site or in connection with the Petrus Media, LLC service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the Petrus Media, LLC service whether online or offline. Petrus Media, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. Petrus Media, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Petrus Media, LLC site and/or in connection with the Petrus Media, LLC service. Under no circumstances will Petrus Media, LLC be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any Content posted on the Petrus Media, LLC site or transmitted to Petrus Media, LLC members. The Site and the service are provided "AS-IS" and Petrus Media, LLC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Petrus Media, LLC cannot guarantee and does not promise any specific results from use of the site and/or the Petrus Media, LLC service.
10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Petrus Media, LLC be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or Petrus Media, LLC service, even if Petrus Media, LLC has been advised of the possibility of such damages. You further agree to hold Petrus Media, LLC harmless for claims arising from the use of Petrus Media, LLC. Notwithstanding anything to the contrary contained herein, Petrus Media, LLC's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Petrus Media, LLC for the service during the term of membership.
11. U.S. Export Controls:
Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Arbitration of Disputes:
Any and all disputes arising out of these Terms of Use and/or your relationship with Petrus Media, LLC shall be submitted to the binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. The arbitration shall take place exclusively in Las Vegas, Nevada and shall be governed by Nevada law without regard to its conflict of law provisions.
13. Indemnity:
You agree to defend and indemnify and hold Petrus Media, LLC harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.
14. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
Webmaster
Petrus Media, LLC
726 S. Casino Center Blvd.
Suite 207 Las Vegas,
Nevada 89101
or to the email address you provide to Petrus Media, LLC during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Petrus Media, LLC may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Petrus Media, LLC during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Petrus Media, LLC in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Petrus Media, LLC's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Petrus Media, LLC is located at:
International Offices:
Petrus Media, LLC
726 S. Casino Center Blvd.
Suite 207 Las Vegas,
Nevada 89101
