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Terms of Use
The following Terms of Use govern your access to and use of this Whale Member websites (the “Site”). They additionally govern your membership to the Site and your license to view the content (the “Content”) on the Site. Please review them carefully prior to accessing, using, or joining the Site. Do not access, use, or join the Site if you do not agree to comply with and be bound by each of every term contained in these Terms of Use. If you have any questions following your review of these Terms of Use or do not understand any provisions of these Terms of Use, please contact us at cvv@cvvhelp.net or consult an attorney.
1. Contract
These Terms of Use constitute a binding contract between you and Whale Member (“Whale Member” or “WM”).
a. The consideration you provide to WM is your agreement to consent to and be bound by each and every provision of these Terms of Use.
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.
2. Revisions
WM reserves the unilateral right to modify these Terms of Use from time-to-time.
a. By accessing, using, or joining this Site, you acknowledge that WM possesses this unilateral right and that you are never permitted to revise these Terms of Use and that you will ensure that you stay up-to-date regarding changes to these Terms of Use by checking them on a regular basis.
b. Dates that the Terms of Use are revised will be contained in the “Last Modified Date” on the top of this page. Additionally, the revisions to the Terms of Use will be listed on the top of this page. If you visit this page and see a new “Last Modified Date,” you agree that you shall review the Terms of Use for revisions.
c. After revisions are made and posted, if you continue to use the Site, this is your acknowledgement of your obligation to comply with the revisions to this Agreement, and your recognition that we will comply with the revisions as well. However, if you cease using the Site upon the publication of new Terms of Use, your relationship with WM will continue to be controlled by the previous version of the Terms of Use.
d. If you fail to review these Terms of Use on a regular basis or disregard any messages that WM sends you regarding revisions to these Terms of Use, you assume any and all liability for your failure to do so.
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.
a. Copyright. This Site belongs to WM. WM claims copyright protection for the Content on the Site or, alternatively, WM is permitted by the copyright owner to display the content on the Site. When you access or view the Content on the Site, you do so through a personal, non-exclusive, non-transferable, limited, and revocable license subject to these Terms of Use.
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.
7. Membership
While WM grants anyone willing to abide by each and every provision of these Terms of Use a limited, non-exclusive, revocable, non-transferrable license to view the public areas of the Site, you must become a member of the Site to obtain a limited, non-exclusive, revocable, non-transferrable license to the non-public areas of the Site. You are only permitted to access the non-public areas of the Site if you are a member in good standing.
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 cvv@cvvhelp.net.
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.
e. Involuntary Termination. WM reserves the right to terminate your membership at any time, with or without advance notice. If WM involuntarily terminates your membership, it will terminate immediately, and you will not be entitled to reimbursement for the remainder of your membership term. Involuntary termination may occur if: (i) we are unable to authenticate the accuracy of any information you provided to WM; (ii) we believe that you have breached any material term of these Terms of Use or any documents incorporated by reference; (iii) your actions may cause legal liability for you, WM, or other members to the Site; or (iv) WM ceases operations.
f. Liability. You agree that WM shall never be liable for terminating your membership.
g. Re-registration. If you voluntarily terminate your membership, you may re-register as a user of the Site at any time, provided that you agree to the applicable Terms of Use. If WM involuntarily terminates your membership, you agree that you will not attempt to re-register to the Site without WM’s express written consent.
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
a. Governing Law. These Terms of Use, and all matters arising out of or in any way related to these Terms of Use, shall be governed by the laws of the State of Nevada, excluding any conflict of law provisions. Through your use of this Site, you agree that, without exception, any and all disputes between Whale Member and you will be adjudicated in Clark County, Nevada. However, if you are a user who resides in the European Union, then the Terms of Use shall be governed by UK law.
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 cvv@cvvhelp.net 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.
c. Arbitration. Any controversy or claim arising out of or relating to these Terms of Use in any way or any user’s or member’s use of the Site or viewing of the Content shall be settled by binding arbitration. The arbitration shall be conducted by an independent contractor located in Clark County, Nevada and shall under no circumstances be conducted through JAMS or the American Arbitration Association (“AAA”), or by any retired federal or state judge, or by any arbitrator listed in AAA’s or JAMS’ list of neutrals. For clarity, any arbitrator associated in any way with JAMS or AAA has no power to resolve any dispute related in any way to these Terms of Use unless both parties agree in writing to a waiver of this prohibition. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with the arbitration of any other party. The arbitration shall be conducted in Clark County, Nevada, and judgment on the arbitration award may be entered in any state or federal court in Nevada having jurisdiction thereof. Whale Member may terminate this agreement to arbitrate at its sole discretion, but such shall not be effective with regard to disputes of which Whale Member had actual notice on the date of termination.
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.
e. Venue. Except as provided in Paragraphs 8(b) and (c) above, the state and federal courts located in Clark County, Nevada shall be the exclusive forum and venue to resolve disputes arising in any way out of these Terms of Use or related to any user’s use of the Site or viewing of the Content.
f. Personal Jurisdiction. By using the Site, and thereby consenting to be bound by these Terms of Use, users consent to personal jurisdiction in the State of Nevada with regard to all disputes pertaining to these Terms of Use or the user’s use of the Site. You further agree that the Site is passive and does not give rise to personal jurisdiction over Whale Member, whether specific or general, in any jurisdiction other than the State of Nevada.
g. Statute of Limitations. Whale Member and you agree that any cause of action arising out of these Terms of Use and the associated license must commence within 1 year of the date that the cause of action accrues, else it shall be permanently barred.
h. Attorneys' Fees and Costs. In the event that any dispute arises under these Terms of Use, the parties shall bear their own attorneys’ fees and costs, regardless of which party prevails in the dispute.
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.
j. Survival of Paragraph. The provisions of Paragraph 8, subject to any future modifications, will survive these Terms of Use and your use of the Site. No amendment to Paragraph 8 shall apply to a dispute of which Whale Member had actual notice on the date of amendment.
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.
b. IN NO EVENT SHALL WHALE MEMBER, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS OF USE; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; (vi) ANY CONDUCT (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OF THE SITE; and/or (vii) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL AUTHORITY, AND WHETHER OR NOT YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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.
10. Indemnification
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.
11. Disclaimers
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.
a. Severability. In the event that a court of competent jurisdiction or an arbitrator finds any provision of these Terms of Use, or any portion of any provision, to be invalid, the remainder of these Terms of Use shall continue in full force and effect.
b. Assignment. The obligations and rights conveyed pursuant to these Terms of Use shall inure to the benefit of the parties’ successors and assigns.
c. Headings. All headings in these Terms of Use are made solely for the sake of reference and convenience and shall not affect the interpretation of the terms of these Terms of Use.
d. Waiver. Any waiver by Whale Member of any term of these Terms of Use shall not be deemed a continuing waiver, and failure of Whale Member to assert a right or term shall not be deemed a waiver whereof.
e. Complete Agreement. These Terms of Use are the entire agreement between the parties with respect to your access and use of the Site and your license to view the Content. Any and all previous agreements are hereby superceded.
13. Refund
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.
