For good and valuable consideration, the sufficiency of which is acknowledged by You and New Frontier Media, Inc., and its applicable affiliates and subsidiaries (alternatively referred to as "NFM," the "Company," "We," or "Us"), You hereby agree to become an authorized account holder of the TEN-NOW Service (the "Service"), and agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are You ("You" or "Subscriber"), and the Company. Access to and use of the Service, including the website located at www.ten-now.com associated with it (the "Site"), is provided by NFM subject to the following. These Terms also apply to interactive features that are owned or controlled by NFM, are available through the Service, or that interact with the Service and post these Terms.
ALL MATERIALS, INCLUDING BUT NOT LIMITED TO video, audio, graphics, photos, text, special features, software and/or messages (COLLECTIVELY "CONTENT") ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS WHO ARE IN LOCATIONS WHERE SUCH CONTENT DOES NOT VIOLATE COMMUNITY STANDARDS OR ANY APPLICABLE LOCAL, STATE OR NATIONAL LAW OR REGULATION. THIS INCLUDES, IF APPLICABLE, THE LAWS AND REGULATIONS OF THE UNITED STATES OR ANY OTHER COUNTRY.
YOU HEREBY ACKNOWLEDGE THAT THE CONTENT PRESENTED AT THIS SITE INCLUDES EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, GAY AND LESBIAN SEXUAL SITUATIONS, THAT YOU ARE FAMILIAR WITH CONTENT OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH CONTENT.
YOU ARE ADVISED THAT NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS, OR IF OUTSIDE THE UNITED STATES OF AMERICA, THE LEGAL AGE REQUIREMENT IN YOUR JURISDICTION, MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENT ON THIS SITE. BY VIEWING ALL OR ANY PART OF THE CONTENT YOU ARE FURTHER AFFIRMING AND WARRANTING THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18)YEARS, OR THE LEGAL AGE OF REQUIREMENT IN YOUR JURISDICTION, AND CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
BY DOWNLOADING OR VIEWING ALL OR ANY PART OF THE CONTENT YOU ARE WARRANTING AND AFFIRMING THAT IT IS LEGAL FOR YOU TO VIEW THE CONTENT WHERE YOU ARE LOCATED.
LICENSE GRANTED TO SUBSCRIBER
NFM grants You a limited, non-exclusive, non-transferable license to access, use and privately display the Service solely as provided in this Agreement solely for your personal use and provided that You continue to meet all of the eligibility criteria listed herein and that You are not in breach of this Agreement. The eligibility criteria are: (i) that You are at least 18 years of age, or if outside the United States, the legal age of requirement in your jurisdiction; (ii) that You are a cable or satellite subscriber; and (iii) that You have an active subscription to one or more channels featuring adult content provided by NFM. Please note that in order to access the Service, your computer(s) must be connected to the Internet, and You will be solely responsible for the cost and maintenance of any such Internet connection or your mobile provider, as applicable. Additionally, the Service will only operate on certain hardware and software platforms specified at www.ten-now.com. It is your sole responsibility to ensure that You have access to the appropriate platforms required to access the Service, including by paying applicable fees to your Internet or mobile provider for such service. Please check the requirements periodically, as NFM reserves the right to change or cease support of any hardware or software platforms at any time.
This license will enable You to view, preview, select, stream and access the Content via the Service and/or the Site in accordance with the terms of this Agreement during the timeframe in which your NFM channel subscription is active and for the duration of the access window for each individual Content item. Any copying of the Service, the Site, Content or any portion thereof will constitute a violation of copyright and of this Agreement. Violation of this Agreement in any manner automatically terminates the license granted to You herein and obligates You to cease all use of the Service and/or the Site.
"NOOF", "TEN.COM", "TEN NOW", "TEN-NOW", "TENNOW", "www.ten-now.com", and the graphics, logos and service names appearing on this site are the trademarks of the Company or its respective content suppliers. These trademarks and other graphics, logos and names may not be reproduced and may not be distributed, publicly performed, proxy cached on AOL or otherwise used, except with the prior express written permission of the Company.
You may not remove any propriety notices from Content at any time. You may make no use of Content not expressly authorized herein or by prior express written authorization from Company. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Content; (2) modifying, translating, reverse engineering, decompiling, disassembling the Content (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Content; (4) renting, leasing, or transferring any rights in the Content; (5) removing any proprietary notices or labels on the Content; and (6) making any other use of the Content. This license does not grant You any rights to any software enhancements or updates of any kind.
Except for public domain material or material otherwise licensed to Company for electronic dissemination, all Content streamed from, displayed at, or otherwise available through the Service or the Site are proprietary, and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of Company. All editions of the Service, the Site, and all Content and other matter used directly or indirectly in, at, by, through and/or with the Service and the Site are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Content and other matter at the Site shall at all times remain under the sole ownership of Company, its parent(s), subsidiary(ies), licensor(s) or other party credited as the provider of the Content, and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Content is the property of the applicable content owner, which may be the Company, its parent(s), subsidiary or subsidiaries, licensor(s) or other party credited as the provider of the Content, and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to You herein grants to You no rights to use such content except as set forth herein. This license will immediately terminate automatically if You fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a Subscriber in good standing with your cable or satellite provider or your NFM channel subscription, or are notified of its termination by the Company or its authorized agent(s). You agree that upon such termination, You will immediately destroy all copies of the Content in your possession.
To access the Service You will be required to enter the Authentication portion of the Service and provide your Cable or satellite provider customer account (the "Registered Account") unique Username and Password. Access to the Service is granted through successful authentication that the user is an established cable or satellite provider customer who subscribes to NFM adult content channels, who has reached the age of majority, who has otherwise met the eligibility criteria, and who has provided a valid Username and Password. It is a condition of use of the Service that all the details You provide will be correct, current, and complete and will not violate any law. If NFM or its respective partners or affiliates believe the details are not correct, current or complete, or that You have otherwise violated this Agreement or any law, NFM has the right to block your access to the Service and any of its resources.
You are responsible for all activity occurring under your Registered Account, including maintaining the confidentiality of your Username and Password, and You agree that any household member account users authorized by You will not permit the disclosure of any Username and Password to any person. You agree that You will: (a) immediately notify Your cable or satellite provider of any unauthorized use of a Username and/or Password by visiting Your cable or satellite provider's website and (b) make sure that You and any of your authorized household members properly exit the Service at the completion of each session. NFM and its partners and distributors shall not be liable for any loss or damage arising from your use or misuse of your Registered Account or failure to comply with the registration requirements.
VIEWING, ACCESSING AND STREAMING THE MATERIALS
You agree not to access, view, stream, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the Company does not authorize such access, viewing, streaming, receipt or other use. You acknowledge and agree that the Company does not authorize any Content to be accessed, viewed, streamed, used by, transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas prohibited by law ("Prohibited Areas"). You further acknowledge that the Company does not authorize You to cause or enable others to access, view, download, receive or otherwise use the Content, directly or indirectly. Should You do so otherwise, the Company reserves the right to immediately block your access to the Service and to require such additional end user to agree to these Terms. You agree that any and all unauthorized access, viewing, streaming, receipt, duplication or other use of the Content in which You are directly or indirectly involved, including, but not limited to 1) accessing, viewing, streaming, receiving or otherwise using the Content in Prohibited Areas and 2) causing or enabling others to access, view, stream, receive or otherwise use the Content, directly or indirectly, shall constitute intentional infringement(s) of the Site's and potentially others' intellectual property rights and other rights in the Content, and may also constitute a violation of the Company's trademarks, copyrights and other rights, including, but not limited to, the right of privacy.
You agree to be personally liable and fully indemnify the Company for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual unauthorized downloading or other duplication of materials from the Service alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from this site including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorneys' fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
NO EXPRESS OR IMPLIED WARRANTIES
You agree that Content and all other services provided to You by Company are provided on an "AS IS" basis, without warranties of any kind, including without limitation 1) any warranties as to the availability, accuracy, or content of Content, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Content and all services provided by Company is borne by You. Should the Content or any other service provided by Company prove defective and/or cause any damage to your computer or inconvenience to You, You, and not Company, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so in such case, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall Company, its suppliers, licensors or other party credited as the provider of the Content, resellers, or other subscribers, or their suppliers, licensors, licensees, resellers or subscribers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Content or other use of this site.
LIMITATION OF LIABILITY
Any liability of the Company, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other legal theory, shall be strictly limited to the amount of subscription fee paid by or on behalf of the Subscriber to Company for one NFM channel subscription for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to You.
The Company is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Content, data, advertisement or other communication at or through this site.
GOVERNING LAW AND JURISDICTION
THESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF THE PROTECTION OF NFM'S INTELLECTUAL PROPERTY RIGHTS RELATING TO YOUR USE OF THE SERVICE MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN THE COUNTY OF DENVER, COLORADO AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN THE COUNTY OF DENVER, COLORADO FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The Company makes no representation that the Content in the Service or the Site is appropriate for access outside of the United States. Those who choose to access such Content from outside the United States do so at their own risk.
The Service and the content and technology contained within may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, Yugoslavia, 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 Service, You are agreeing to the foregoing and 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, and that You will otherwise comply with all applicable export control laws.
If you believe that the content of the Site or the Service has been copied in a manner that constitutes copyright infringement, please provide Us with a written notice (email is sufficient) that includes: an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and e-mail address; a 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; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The notice should be sent to:
New Frontier Media, Inc.
6000 Spine Road, Suite 100
Boulder, CO 80301
Attn: Legal Department
Any claim or controversy arising out of or related to this Agreement or the Service shall be settled by binding arbitration in the United States. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude Company from seeking any injunctive relief for protection of Company's intellectual property rights.
Notices from this site to Subscribers may be given by means of e-mail, by general posting on this site, or by conventional mail. Communications from You to the Company may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to this site may be sent to Your cable or satellite provider.
You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service.