Terms of Use Agreement

I understand and acknowledge that this Web site, including the content, design, and organization thereof, is the property of Cherry Pie Media, Inc. and is protected under applicable 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:

Eligibility to use the Site.

I am at least 18 years of age (21 years of age where required), 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 descriptions or depictions, by textual material, photograph, or video clip, or of adults engaged in activities 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 (21 year of age where required) or of legal adulthood in my state, commonwealth or province, to access or view this Web site.

Unauthorized use of copyrighted materials and trademarks.

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 Cherry Pie Media, Inc.; furthermore, that which is being used by our affiliate photographers and/or models with permission of the copyright owner, is also protected under all applicable Copyright 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 Cherry Pie Media, Inc., is a violation of both the copyright laws and of the terms of the license granted under this agreement, and is actionable by Cherry Pie Media, Inc.

Express or Implied Warranties and Liability.

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. Cherry Pie Media, Inc. assumes no liability or responsibility for any errors or omissions in the content contained on this site. This site contains links to other Internet sites. Unless specifically stated otherwise, such links may not be endorsed by Cherry Pie Media, Inc. and Cherry Pie Media, Inc. has no liability for any contents or information contained on those sites. Cherry Pie Media, Inc. is also not responsible or liable in any way for any damage caused by electronic viruses or similar programs contained within the site, or in any electronic file thereon.

I hereby agree to indemnify, defend, and hold Cherry Pie Media, Inc. as well as any persons affiliated with this site, including, but not limited to, other models mentioned, featured, or advertised on this site, contributing photographers or story writers, the Web site designer, the online service provider, and the hosting company, harmless from any liability, loss, claim, or expense, including attorney's fees and court costs and expenses, [arising from or] related to any violation I commit of this Terms of Use Agreement.

Furthermore I understand and agree that Cherry Pie Media, Inc., as well as any persons affiliated with the web site, including, but not limited to, models mentioned, featured, or advertised on the site, contributing photographers or story writers, the Web site designer, the online service provider, and the 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 Cherry Pie Media, Inc. and myself. 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.

I understand and agree that the sole liability of Cherry Pie Media, Inc., 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.

Billing Responsibility.

I hereby represent and warrant that, for the purposes of any goods, services, or memberships purchased from this site by use of a credit card that (i) the credit card information supplied by me to Cherry Pie Media, Inc. is true, correct, and complete, (ii) charges incurred by me will be honored by my credit card company and (iii) I shall pay charges incurred by me at the rates in effect at the time incurred, including all applicable sales and use taxes. I shall be responsible for all charges incurred through use of any password I am given to this site.

Privacy.

I authorize Cherry Pie Media, Inc. to collect information about me and my credit card solely for the purpose of processing purchase transactions. I acknowledge that private account and address information is necessary to verify that I am the person making the purchase and to thwart potential fraud.

When ordering I will provide name, mailing address, email address, credit/debit card number, CVV code, expiration date and Internet Protocol (“IP”) which is used for address verification and risk management

Access is Non-Transferable.

I agree to keep my password confidential and to notify Cherry Pie Media, Inc. within 24 hours of any breach of this Agreement by an unauthorized use of my password. I also understand that I am liable for any violation of this Terms of Use Agreement committed by an unauthorized user of my password. I understand and agree that Cherry Pie Media, Inc. does not have any obligation or duty to protect me from unauthorized use of my password.

Miscellaneous.

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 an authorized representative from Cherry Pie Media, Inc. Should any part of this agreement be found to be illegal, [invalid], unconscionable, or otherwise unenforceable in any court of law [or in any other legal proceeding, the offending clause or provision shall be set aside and] 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.

By accessing this site, I am hereby acknowledging my acceptance of the Terms of Use Agreement.

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