b. The consideration WM provides to you is permission to access and use, under a limited license, the intellectual property found on and distributed through Whale Member Site.
c. By accessing, using, or joining this Site, you expressly agree that there is sufficient consideration to form a binding agreement between WM and you.
3. The Site's Content
The Site contains audiovisual and photographic adult entertainment protected as WM’s intellectual property.
a. By using, accessing, or joining the Site, you acknowledge that you are aware of the Site’s content, that you are not offended by the Site’s content, and that you are accessing the Site freely, voluntarily, and willingly.
b. You additionally acknowledge that viewing pornography is not unlawful or illegal in the jurisdiction where you reside or where you are viewing the Content.
c. You acknowledge that the Content is expressive and is fully protected by the First Amendment to the Constitution of the United States and Article 10 of the European Convention on Human Rights.
4. Age of Majority
In order to use view or access the intellectual property on the Site you must have reached the age of majority in the jurisdiction where you reside.
5. Intellectual Property
This Site contains WM’s intellectual property or intellectual property that WM has a license to display.
b. License. Your license to view the Content on the Site is personal to you. You will not share the Content with any third party, including but not limited to by email transmission, hosting or sharing them on a remote server, or placing them on a tube site, torrent site, or file locker site. If you are a member in good-standing of the Site, you are permitted to cache the materials on a single computer or connected mobile device for your own personal, non-commercial, and internal use.
c. Trademark. WHALE MEMBER and the name of this Site are trademarks and/or service marks belonging to WM. You are not permitted to and shall not use any confusingly similar name or mark for related goods and services, including as an Internet domain name.
d. Third Party Trademark. Trademarks or product and service names of third parties may be referenced on this Site. If so, they are the exclusive property of those third parties. Do not use those third party trademarks without the express permission of those third parties.
e. Infringement. You expressly agree that your license to view these materials transfers no title nor intellectual property rights to you and that you have no title nor intellectual property rights to the Content on the Site. Infringement of WM’s intellectual property may result in legal action against you for damages, including statutory damages, actual damages, punitive damages, attorneys’ fee damages, and injunctive relief.
6. Restrictions on Use
Absent WM’s express written permission , you shall not engage in any of the following activities:
a. Sharing the Content with third parties, including but not limited to, on porn tube sites, in file lockers, or in bit torrent swarms, or any other similar technology.
b. Duplicating any portion of the Site or the Content on the Site.
c. Publicly displaying the Site or any of the Content on the Site.
d. Creating derivative works with regards to any of the Content on the Site.
e. Remove any proprietary notices, including copyright and trademark notices and watermarks, from any of the intellectual property on the Site.
f. Using the intellectual property on the Site for anything other than personal, non-commercial use without express permission, including as a competitor, as a member of a local or federal law enforcement officer, government employee, or as an agent of the aforementioned.
a. Registration. You become a member of the Site by submitting an online registration form. The benefits that members to the Site receive will be explained on the registration page at the time of registration; those benefits may change from time-to-time. When you register for the Site, you are required to provide us with complete and accurate personal information (“Registration Data”). If your Registration Data changes (e.g., your address, credit card, email), you are required to update it immediately by contacting us at email@example.com.
b. Username and Password. When you register for the Site, you will receive a username and password. You agree to do everything in your power to ensure these stay secure. In the event that your password security is breached, WM is not liable for damage or liability arising therefrom. You will be solely liable for any consequences of the breach.
c. Term. WM offers differing membership periods, which automatically renew (unless otherwise noted on the registration page) until terminated.
d. Voluntary Termination. You may voluntarily terminate your membership at any time by following the cancellation instruction at the footer of this website. If you voluntarily terminate your membership, your membership will end when your membership period expires. If you fail to terminate your registration within 48 hours of a renewal period, your membership may be renewed for an additional period, which WM will bill you for.
f. Liability. You agree that WM shall never be liable for terminating your membership.
h. Email. When you register for the Site, you will receive unsolicited commercial email from WM or its partners and agents. When your account is terminated (whether voluntarily or involuntarily), you consent to continue to receive these unsolicited emails until you terminate it by opting out.
8. Dispute Resolution
b. Complaint Policy and Settlement Discussions. If you have any complaints with regard to any Content on the Site, Whale Member’s maintenance of the Site, or your use of the Site, you shall email Whale Member at firstname.lastname@example.org and fully describe the nature of that complaint. Whale Member shall respond within 7 days of receipt of the email regarding its view of the merits of your complaint and possible resolution. Once you have submitted a complaint, the parties shall be deemed to have entered settlement discussions, and no formal adversarial process shall initiate until Whale Member informs you that it has given you its final response.
d. Injunctive Relief. Any party seeking temporary, preliminary, or permanent injunctive relief may do so in the state and federal courts located in Clark County, Nevada.
i. Service of Process. With regard to any dispute between WM and you, regardless of the subject matter, WM and you stipulate that service of process may occur via email, U.S. mail, or facsimile in order to avoid the hassle and expense of traditional service of process. Personal service of process shall not be required, and the parties expressly waive their right to traditional service of process. Email service shall be effective if Whale Member serves the email address that you provided in your Registration Data.
9. Limitation of Liability
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WHALE MEMBER, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED) IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE. WHALE MEMBER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENTS OR THE CONTENT OF ANY SITE LINKED TO THE SITE.
c. THE FOREGOING LIMITATION OF LIABILITY CONTAINED IN PARAGRAPH 9(b) SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
d. WHALE MEMBER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OFFERED BY OR ADVERTISED BY ANY THIRD PARTY ON THE SITE OR HYPERLINKED ON THE SITE OR FEATURED IN ANY BANNER ADVERTISEMENT OR OTHER ADVERTISING. WHALE MEMBER WILL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE IN ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHEN APPROPRIATE.
e. YOU SPECIFICALLY ACKNOWLEDGE THAT WHALE MEMBER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY WITH YOU.
f. WHALE MEMBER MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES OF AMERICA. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS.
g. EXCEPT IN JURISDICTIONS WHERE LIMITATION OF LIABILITY PROVISIONS ARE NOT ENFORCEABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHALE MEMBER’S MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO THE FEES PAID BY YOU FOR A PERIOD OF NO MORE THAN 1 MONTH FROM THE ACCRUAL OF THE APPLICABLE CAUSE OF ACTION.
You agree to defend and indemnify Whale Member, its officers, directors, employees, or agents should your actions harm any third party or if Whale Member is forced to defend itself from any civil or criminal action brought be a third party related to your actions. This includes any action brought by someone who was offended by the Content on the Site. This includes damages that are directly, indirectly, or consequentially related to your actions. If such a situation occurs, WM will inform you via the email address you provided in your Registration Data within 7 days of learning of the situation. Whale Member reserves the right to engage in its own defense and retain its own counsel in the event such a situation arises.
a. WM reserves the right to terminate your license and membership immediately if it has reason to suspect that you have used the Site or the Content in a manner which violates any law.
b. In the even that you use the Site or the Content in a manner that violates any law, WM may cooperate with law enforcement or the aggrieved parties.
c. There may be Content on the Site that you find offensive. In the event of such an occurrence, you agree to cease use of the Site immediately.
12. Miscellaneous Provisions.
If Whale Member terminates your rights to use the Whale Member license because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.