I understand and acknowledge that this Web site, including the content, design, and organization thereof, is the property of Power Exchange Entertainment L.L.C. and is protected under applicable national and international intellectual property laws, as well as other proprietary rights. Because I wish to be able to access the materials contained on this site, and in consideration for my being allowed to do so, I hereby agree to the following terms and conditions:
1. I am at least 18 years of age, and I am a legal adult in the jurisdiction in which I reside. I am voluntarily choosing to access this site and the material contained therein, and I do not find either descriptions or depictions, by textual material, photograph or video clip, of adults engagedin activities involving sadomasochism, bondage, dominance and submission, fetishes, and other related subjects, which may involve male or female nudity, objectionable. I also hereby certify that I am aware of the laws of the city, state, and country in which I reside and that the viewing of such materials does not violate the community standards, or any law, code, statute, or rule, of my home city, state/province, or country. I will not permit any person under the age of 18, or of legal adulthood in my state or province, to access or view this Web site.
2. I hereby acknowledge that the contents, including but not limited to the textual material, photographs, video clips, and source code thereof, are the
sole property of Power Exchange Entertainment L.L.C., or are being used by Her with permission of the copyright owner, and are protected under the Copyright laws of the United States as well as under International Copyright treaties and laws. I understand that I am being granted a limited, non-exclusive license to view,
save, download, or print these materials solely for my personal use. I fully understand that any commercial use, including but not limited to, reproduction of these materials in any manner, sale or offering for sale,
assignment, licensing, distribution, or the preparation of any derivative work, without the express written consent of Power Exchange Entertainment L.L.C., is a violation of both the copyright laws and of the terms of the license granted under this agreement, and is actionable by Power Exchange Entertainment L.L.C. under either the Copyright laws or the terms of this agreement, at Her option.
3. The content, products, and services provided from and through this Web
site, including memberships thereto, are provided as is and/or as available and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information provided by the site may contain errors, problems, inaccuracies, or other limitations. Power Exchange Entertainment L.L.C. assumes no liability or responsibility for any errors or omissions in the content contained on this site. Power Exchange Entertainment L.L.C. is also not responsible or liable in any way for any damage caused by electronic viruses or similar programs contained within Her site, or in any electronic file thereon.
4. I hereby agree to indemnify, defend, and hold Power Exchange Entertainment L.L.C., as well as any persons affiliated with Her Web site, including, but not limited to, other Dominas mentioned, featured, or advertised on Her site, contributing photographers or story writers, Her Web site designer, Her online service
provider, and Her hosting company, harmless from any liability, loss, claim,
or expense, including attorney's fees and court costs and expenses, related to any violation I commit of this Terms of Use Agreement.
5. I hereby understand and agree that Power Exchange Entertainment L.L.C., as well as any persons affiliated with Her web site, including, but not limited to, other
Dominas and Dominants mentioned, featured, or advertised on Her site,
contributing photographers or story writers, Her Web site designer, Her
online service provider, and Her hosting company, is not liable for any indirect, special, incidental, or consequential damages, whether based on
breach of contract, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages. The limitations of such damages are fundamental elements of the basis of any commercial transaction between myself and Power Exchange Entertainment L.L.C.. I understand that the information, goods, or services provided from this site would not be provided without such limitations. I understand that some state statutes may
apply regarding limitations of liability.
6. I understand and agree that the sole liability of Power Exchange Entertainment L.L.C., and my sole remedy for any information, product, or service purchased by me through this site shall be limited to the amount I paid for the information, product, or service purchased.
7. This agreement shall be treated as though it were executed and performed in Alameda County, and shall be governed and construed in accordance with the laws of the United States of America and the state of California (without regard to conflicts of law principles). The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Terms of Use Agreement shall be brought solely in Alameda County, and purchasers of any information, product, or service from this Web site hereby expressly agree to submit to the jurisdiction of said courts and consent to extraterritorial service of process.
8. This Terms of Use Agreement comprises the entire agreement between the
parties with regards to the subject matter contained therein. Any and all previous agreements, representations, or warranties with regard to this site, its contents, or the goods and services provided through the site, including memberships thereto, are hereby superseded by this Agreement. No provision of this Agreement can be amended or modified other than by a writing signed by the user and Power Exchange Entertainment L.L.C.. Should any part of this agreement be found to be illegal, invalid, unconscionable, or otherwise unenforceable in any court of law, the remaining portions of the agreement
shall be held to be binding and effective as between the parties, to the fullest extent possible under the law.