Terms, Conditions and User Agreement of PrettyFuckingHot.com

PFH Pictures
June 11, 2013

Welcome to our Website’s Terms, Conditions and User Agreement, hereinafter referred to as the “Agreement.” 

I )  Before accessing or using our Website or its Content, you must agree to all of the conditions in this Agreement. If you do not wish to be bound by every provision, then you must not use the Website. You agree that you will only use the Website for purposes expressly permitted and contemplated by this Agreement; you may not use the Website for any other purpose without our express, prior written consent. If you do not understand all of the terms in this Agreement, then you should consult with an attorney before accessing or using any portion of our Website, other than this Agreement. You can agree to this Agreement by actually using the Website or by clicking a box that indicates you agree. 

II )  This Agreement is between you and PFH Pictures and constitutes a legal agreement that governs your use of PrettyFuckingHot.com, content, software and services; collectively referred to as the “Website.” When this Agreement uses first-person pronouns including “us,” “we,” “our” and “ours,” they refer to PFH Pictures. PFH Pictures is the service provider of the Website PrettyFuckingHot.com and is hereafter referred to as "PFH". You are the user of this Website and the Content provided therein; when this Agreement uses second-person pronouns including “you,” “your” and “yours," they refer to you, the user. You access our Website via a computer or other smart device; hereafter referred to as the "Device." Our Website contains viewable and downloadable, images and content; including but not limited to video, audio, text, software, images, graphics, data, messages, and other information, hereinafter referred to collectively as “Content.”  

III )  This Website contains explicit, sexually-oriented adult Content which may include visual images and verbal descriptions of adult women engaging in sexual acts, nudity and other audio and visual materials of a sexually-explicit nature. 

IV )  Permission to enter this Website and to view and download its Contents is strictly limited to consenting adults who affirm that the following conditions apply. By entering or subscribing to PrettyFuckingHot.com, you agree and warrant that;

1 ) You are at least 18 years of age or older and defined as an adult by the laws of the location in which you are currently located and you have the legal capacity to enter into this Agreement. 

2 ) You access and view this Website freely, voluntarily, willingly and for your own personal enjoyment. The sexually explicit Content you are viewing is for your own personal use. You have the legal right to access adult-oriented content and we have the legal right to transmit it to you. You understand the nature of the sexually-explicit adult Content provided by this Website and you are not offended by such Content. You are accessing our Website specifically because you enjoy and wish to view such expressive Content. You will cease review of the Content should you find it offensive. 

3 ) You access the Website from a location where viewing and possessing such adult content is legal. The viewing, reading, downloading and possession of sexually explicit content does not violate the standards of any location where you will access the Content on this Website. You are familiar with all laws in your area affecting your legal right to access sexually explicit, adult-oriented content. You agree not to use or access the Website if doing so would violate the laws of your location.  

4 ) You understand that all Content produced by PFH, whether of actual sexually explicit conduct, simulated sexual conduct or otherwise, depict persons over the age of eighteen (18) as of the date of the production of the depiction. You may view our complete 18 U.S.C. §2257 Records Keeping Requirements Compliance Statement at prettyfuckinghot.com/2257 or click the link available at the bottom of every webpage. 

5 ) You will not allow any minor to access PrettyFuckingHot.com or make this adult-oriented Content available to a minor in any way. You acknowledge that if your Device can be accessed by a minor, then you will take all necessary precautions to keep the Website and its Content from being viewed by minors. To prevent minors' access to adult content, you agree to implement effective Child Protection Measures, such as hardware, software or filtering services. You warrant that you have the technical competency to maintain Child Protection Measures on your Device. You acknowledge that it is your responsibility, and not the responsibility of PFH, to keep erotic content from being shown to or accessed by children in your home or on your Device. You further agree that you will not allow access to our Content by any person who might be offended by such sexually explicit material, even if they are an adult.

6 ) You are granted license to download a single copy, on one computer, of the Content offered for download on our Website, for personal, non-commercial use only. Any other use of this Website or the Content is strictly prohibited without our express, prior written consent. The Content on this Website is the property of PFH and is protected by United States and International Copyright Laws and other regulations. Access or membership to our Website does not in any way transfer license, interest or property rights to you. The transfer of our Website's Content from you to any other person or entity is strictly prohibited. You agree that you will not copy, modify, distribute, publish, post, transmit, transfer, license, sell, rent, time share, trade, publicly display, upload, use as a service bureau, or otherwise assign to any Third Party, the Content or any of your rights to access and use the Content. You agree not to remove any copyright or other proprietary notices or otherwise modify any of the Content found on our Website. You agree not to redistribute or create any derivative works based on the Website or any of the Content contained therein and you agree that any such use is not “fair use." Modification or use of the Content, except as expressly provided, is an infringement upon our rights and you stipulate to payment of damages for such infringement, including all fees incurred in the recovery of this amount.   © PFH (2009-2012), all rights reserved. 

7 ) Your use of the Website is at your sole risk and the Website is provided on an "as is" and "as available" basis without warranty of any kind. We make no warranty that your use of the Website will be timely, uninterrupted, secure or error-free; or that any Content obtained by you as a result of the service will be accurate, reliable; suitable, useful, or complete. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk. PrettyFuckingHot.com reserves the right to modify or discontinue the Website, or any part thereof, temporarily or permanently, at any time and from time to time, with or without notice. You agree that we shall not be liable to you or any third party for modification, suspension or discontinuance of the Website. You agree that PFH, and our subsidiaries, officers, directors, employees, agents, partners and licensors, disclaim all warranties of any kind. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in the terms of this Agreement. 

8 ) Violations of any law, the Website's security or the terms of this Agreement may result in civil or criminal liability. You understand and accept responsibility for your own actions, and release us from all liability related to your use of this Website. We maintain our rights to investigate possible violations, involve and cooperate with law enforcement and other appropriate parties, and terminate your use of the Website.

9 ) You agree to indemnify and hold us, including the owners, operators, service providers, employees, officers, partners, representatives or agents of this Website, harmless from any claim or demand, including attorneys’ fees, relating to or arising from your use of the Website, any content you make available through the Website, your breach of this Agreement, your violation of the rights of any other or your violation of any law. This obligation shall survive the termination or expiration of this Agreement or your use of the Website.

10 ) You consent to the collection and use of certain information about you and your use of the Website, in accordance with our Privacy Policy.

a ) Payment information will be obtained by our Billing Agent, the payment processing service, CCBill. This information is submitted directly to our Billing Agent and is not stored on our servers or accessible to us.  

b ) Visitors to our Website will have multiple manners of interactivity with us; depending upon your level of interaction, we will collect different information about you. When you request pages from our server, it automatically collects information using passive information gathering techniques, such as cookies, IP Addresses and Referral URLs. To become a Member of our Website or to purchase a product in our store, you must provide your name, email address, mailing address and you must provide payment information to our Billing Agent. If you choose to participate in our Member Community; including user profile creation, forums, blogs and messaging, we may maintain such information about you as you choose to disclose. You may choose to disclose information to Members of PrettyFuckingHot.com within the Community. Modeling Applicants must submit identification, contact information and they may choose to disclose additional information.

c ) We do not distribute, rent or sell any personal information to third parties without your express consent, other than as necessary to process your payment or to protect ourselves, our members and the general public. 

d ) We may collect, use, transmit, process and maintain information related to your account. Your information is used to process your payment, to facilitate your viewing of our Website and to communicate with you. We may also collect technical or diagnostic information related to your use in order to maintain, improve and enhance the Website.  We may maintain a record or notes of communications with you regarding your account. 

e ) All messages entered into this Website may be read by the agents and operators of this service, regardless of whether the agents or the operators are the intended recipients of such messages. 

f ) We reserve the right to disclose any and all information to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process. 

g ) All data that we collect is stored in a secure and private database. To maintain data accuracy, prevent unauthorized access and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We provide you with a secure web page through which to submit your personal information when you join the membership portion of our Website or make a purchase in our store. We take all reasonable measures to prevent any breaches of security, but given the resourcefulness of cyber-criminals, we are unable to guarantee that our security measures will prevent a third-party from illegally obtaining your information. You assume the risk of such breaches to the extent that they may occur despite our security measures.

h ) PrettyFuckingHot.com may send periodic email newsletters and promotional email to you about services and products offered by us. You may opt out of these announcements at any time by clicking the opt-out link at the bottom of these emails. If you opt out of marketing emails, you may still receive system notices and other information that is specifically related to your account

11 ) All information you provide to PrettyFuckingHot.com during the sign up or payment process will be true, accurate, complete and current, and you shall maintain and update such data as needed to keep it accurate and current throughout your membership. Failure to provide accurate, current and complete personal data may result in the suspension or termination of your account. You can access and maintain your account information by clicking on "My Account" located at the bottom of every member page.

12 ) You will pay for all products and services that you purchase through the Website. You agree that PFH or our Billing Agent may charge your personal payment account for products and services purchased and additional amounts, including applicable taxes, that may be accrued by or in connection with your account. You are responsible for timely payment and for providing us with valid payment account details. All sales of products and services are final. Prices for products and services offered may change at any time, and we do not provide price protection or refunds. All prices are exclusive of applicable taxes and you are responsible for the payment of any taxes that may be imposed. You authorize us or our Billing Agent to continue to attempt to charge the payment account provided by you until owed amounts are paid in full. If payment is not received by us or our Billing Agent from the payment account provided by you, you agree to pay all amounts due upon demand. Chargebacks are investigated; denying a purchase that you have made is illegal and may result in legal action toward you. 

13 ) As a condition of continued Membership, you authorize PFH, via our Billing Agent, to charge the applicable recurring Membership fee plus applicable taxes to the same Payment Account used to purchase your initial Membership. PrettyFuckingHot.com Memberships automatically renew upon expiration unless your subscription is canceled prior to the end of the current term. The cost of renewal will not exceed the Membership cost at the time of your initial subscription. The amount of applicable taxes may change from time to time, and you authorize any such changed amount to be included in the recurring monthly charge for your Membership. As a condition of your continued Membership, you agree to provide our Billing Agent with updated information on your payment account upon request and at any time the information earlier provided is no longer valid. All Memberships renew at their initial rates until cancelled. You may cancel your Membership at any time and prevent future billing by following the cancellation instructions at prettyfuckinghot.com/support or by following the link at the bottom of every member webpage. If you cancel your Membership, you will be entitled to receive the full benefits of your Membership until the end of the paid for term. You agree that if you cancel at any time after purchasing a Membership, you will still be charged the full term's fee. Any fees paid by you prior to cancelation of your Membership are nonrefundable. Cancelation of your account will not relieve you of any obligation to pay any accrued fees or charges. Due to the openness of our preview areas, we do not offer refunds of membership fees. 

14 ) You are responsible for keeping your Password confidential and secure, and you are solely responsible and liable for any activities that occur under your Member ID. You acknowledge that this Agreement applies to any and all usage of your account, whether or not such usage is expressly authorized by you. You also agree to cooperate with us in causing any unauthorized use to cease immediately. If you suspect or become aware of any unauthorized use of your account please contact us at prettyfuckinghot.com/support or by following the link at the bottom of every member webpage. You further acknowledge that your account is intended for personal use on an individual basis and you agree you will not share your Password details with another individual.

15 ) Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of our Website and refuse to provide our services to you at any time, with or without advance notice, if: 

a ) We believe that you have breached any material term of this Agreement or the documents it incorporates by reference; 

b ) We are unable to verify or authenticate any information you provide to us; 

c ) We believe that your actions may cause legal liability for you;

d ) Providing the Website to you is or may become unlawful; 

e ) We receive a request or order from law enforcement, a judicial body, or other government agency; 

f ) You fail to pay any fees owed by you for products and services you purchase through the Website. 

Any termination or suspension of your account shall be made by us at our sole discretion, without any refund to you of any prepaid fees or amounts. If your account is terminated by us, you are obligated to immediately destroy any information or materials you have downloaded or otherwise copied from this Website and you will not attempt to re-register as a member of the Website without prior written consent from us. You agree that we shall not be liable to you for any termination of your membership or access to our Website. 

16 ) You agree not to violate the security of the Website, including, without limitation;

a ) Circumvent any encryption or security tool used anywhere on the Website, including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of the Website; 

b ) Distribute viruses or other technologies that may harm the Website or the interests of our users or webmasters;

c ) Operate any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;

d ) Commence any action which imposes an unreasonable or disproportionately large load on the Website's infrastructure;

e ) Interfere with or disrupt the Website or the servers or networks connected to the Website, or disobey any policies or regulations of networks connected to the Website;

f ) Access the Website by any means other than through the interface that is provided by us for use in accessing the Website;

g ) Attempt to decipher, decompile, disassemble or reverse the engineering of any of the software comprising or in any way making up a part of the Website;

h ) Use any data mining, bots, or other data gathering or extraction tools, including use of "screen scraping" or "database scraping" to obtain lists of Internet Keywords, URLs, users, customers, affiliates, or other information;

j ) Frame Website Content in another web page or utilize any framing techniques in connection with the Website or any of the Content contained therein;

k ) Collect or store personal data about other users of the Website;

l ) Send unsolicited e-mail, including promotions and/or advertising of products or services, to any email address found within the Website;

m ) Forge any TCP/IP packet header or any part of the header information in any e-mail;

n ) Use any meta-tags or any other “hidden text” using the Website’s name or marks.

o ) Engage in excessive usage. Excessive Usage may apply to storage or bandwidth capacities, and means your usage within a given time frame far exceeds the average level of usage of PrettyFuckingHot.com members.

17 ) This Website may contain Third Party generated content, including third-party user content and links to or advertisement for Third Party controlled websites. Third Parties are not under the control of PFH; therefore we are not responsible for the validity, availability, accuracy, privacy policy, content or actions of any Third Party. If you provide any Third Party with personal information or access a Third Party website, you do so entirely at your own risk. You agree that we shall not be responsible or liable for any damages you incur, directly or indirectly, as a result of your use or reliance upon any content, advertising, products or materials available from third parties or for any use of personal information collected by third parties. Further, we do not endorse any Third Party websites by providing links or advertisements to them. We reserve the right to remove any Third Party content from our Website that is found to be offensive, defamatory, obscene or otherwise in violation of our policies. We also reserve the right to terminate any link or linking program at anytime.

18 ) If you are aware of any violations to our policies posted on our Website, please email us at legal@prettyfuckinghot.com. Please provide as much detail as possible, including a copy of the offending or infringing information or material, the location, the reasons such material should be removed and a statement, sworn under penalty of perjury, certifying the accuracy of the information provided to us. We will do our best to monitor the Content, but in no event do we assume any liability for failing to remove specific Content. 

We forbid the involvement of minors in any explicit, sexually-oriented adult conduct. If you seek any form of child pornography, including so-called “virtual” child pornography, exit this Website immediately. You agree to report to us if any Third Party material on our Website appears to depict or describe minors. Reports will immediately be investigated.

V )  PrettyFuckingHot.com is controlled and operated by PFH and its representatives from Miami-Dade County, Florida, United States of America. All of our Content is fully protected by the First Amendment to the United States Constitution. We make no representation that the materials available on this Website are appropriate or available for use in other locations. Access to them from jurisdictions where the Content is illegal is prohibited. The provisions of this Agreement and the relationship between you and PFH shall be governed and construed by Florida law. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of PFH to exercise or enforce any right or provision of these Agreement shall not constitute a waiver of such right or provision. 

VI )  We reserve the right to revise, amend, or modify this Agreement, our terms, conditions or other policies at any time and in any manner. You can review the most current version of the Agreement at any time by visiting prettyfuckinghot.com/legal or by clicking the "Terms and Conditions" button at the bottom of every page. The date at the top of the Agreement indicates that this policy has been updated or edited as of that date. You understand and agree that the updated or edited version supersedes any prior versions and is in force immediately upon posting. You further agree that your continued use of the Service after the Agreement has changed constitutes your acceptance of the Agreement as revised. We are in no way responsible for your neglect of your legal rights. If you fail to review or re-review this Agreement as required, you assume all responsibility for such omissions. Without limiting the foregoing, you may be asked to accept occasional updates to the Agreement upon member log in. 

VII )  We may give notices regarding the Website, including changes to this Agreement, to the email address provided by you or by posting to the Website. All questions, complaints, or notices to PrettyFuckingHot.com may be sent to support@prettyfuckinghot.com.

VIII )  You must agree to all of the Terms and Conditions in this Agreement before using any of PrettyFuckingHot.com. Your affirmative acceptance of all the terms in this Agreement is and will be demonstrated by you when you access or use any of our services or Content, other than the enter page, in any manner. You understand and agree that any use of our Website or Content is considered your affirmation of your complete and unconditional acceptance of all of the terms in this Agreement.