BEFORE you are authorized to visit or access materials on this website, including any independent domains or sub-domains that are accessed by you through this website you are required to read and accept the following Terms and Conditions of Use (the "Agreement"). Please carefully read and understand each and every provision contained in this Agreement before determining whether you agree to proceed: • If you do not agree to be bound by this Agreement, you may not access, view or use any part of this website. You must exit immediately and you may not view or download any material from this website • By accessing, viewing, using, printing, or downloading any material from this website or by joining you agree to be bound by this Agreement, and may only use this website accordance with this Agreement, as follows: IN CONSIDERATION of the mutual promises set forth, the receipt and sufficiency of which are hereby acknowledged, the parties hereto make the following representations to and agree with one another: 1. Parties & Agreement. This Agreement is made and entered into by Hardball Films, LLC (Company) and enables your access to the website. Subject to the provisions set forth in this Agreement, Company grants you a non-exclusive, non-transferable, wholly revocable license, to visit, join or use the website. This Agreement is subject to change by Company without prior notice and at any time, and changes are effective without notice to you by posting them on the website. The continuation of your use of the website shall constitute agreement and acquiescence to the whole Agreement as then posted, including any Guidelines, despite any changes or differences they may contain from the terms of this Agreement, as presently written, or from any Guidelines or terms of use, as presently posted. 2. Age of Majority & Adult Content. All text, images, graphics, messages and communications, whatsoever, found on the website (collectively referred to as "Content") are authorized only for distribution exclusively to persons at least eighteen (18) years of age AND who are legal age to view pornography in their location. You are not allowed to access this website in locations where such Content could infringe upon or violate any local standard of decency or any applicable law. No person who is under the age of eighteen (18) years may directly or indirectly view, download or possess any website Content. You are responsible for knowing and understanding the standards of decency and other laws and regulations in place in your community concerning adult-oriented Content, and Company in no way represents or warrants that Content is compliant with your local laws. You hereby acknowledge and agree that Content on the website contains explicit depictions of nudity and explicit sexual activity, that you are familiar with Content of this kind, and that you are not offended by such Content. If you are, or may be, so offended, you may not access the website. 3. No Child Pornography. No child pornography whatsoever is permitted on the Website. If you see any images, real or simulated, depicting minors engaged in sexual activity on the website, please report it to us immediately. All reports will immediately be investigated and the appropriate action will be taken. Company will cooperate with any law enforcement agency investigating child pornography. 4. Use of Content Limitations. All Content contained on the website is protected under the laws of copyright, owned or under license to Company and represents proprietary and valuable intellectual property. You cannot, under any circumstances, access, view, download, receive or make use of Content except as specifically permitted by this Agreement. You shall at no time access, view, download, receive or otherwise use, or cause or enable any other person or entity to access, view, download, receive or make use of any portion of said Content without specific written permission from US. If you are a BLOGGER or webmaster please contact us for promotional material for use on BLOGS. We freely give promo material for blogs when you ask for it but if you take content from our websites without our permission and we find out we will report you as a pirate and a thief. 5. Comment Policy. We encourage your comments on AustinZane.com, and hope you enjoy this interactive feature on the site. We can't respond to every comment made but we do moderate every comment to make sure it does not violate our comment policy. We review comments before they're posted, and those that are off-topic, abusive, or clearly promoting a commercial product generally won't make the cut. We also expect a basic level of civility; disagreements are fine, but mutual respect is a must, and profanity or abusive language are out-of-bounds. By posting any comments, posts or other material on AustinZane.com or the AustinZane blog, you give AustinZane.com the irrevocable right to reproduce, distribute, publish, display, edit, modify, create derivative works from, and otherwise use your submission for any purpose in any form and on any media. You also agree that you will not: 1. Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights. 2. Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AustinZane.com in its sole discretion. 3. Post advertisements or solicitations of business. 4. Post chain letters or pyramid schemes. 5. Impersonate another person. 6. Allow any other person or entity to use your identification for posting or viewing comments. 7. Post the same note more than once or "spam." AustinZane.com reserves the right (but is not obligated) to do any or all of the following: 1. Remove communications that are abusive, illegal or disruptive, or that otherwise fail to conform with these Terms and Conditions. 2. Terminate a user's access to the blog feature and/or the entire site upon any breach of these Terms and Conditions. 3. Edit or delete any communications posted on the blog feature, regardless of whether such communications violate these standards. Finally, you agree that you will indemnify AustinZane.com against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to any material you have posted. 6. Membership. You may access the non-public portions of the website only by being a member in good standing of the website. You may become a member by completing an online registration form, and paying the applicable or stated fee. Upon submission of the online registration form, Company and/or its authorized agents will process the application and approve your ID and Password to enter the non-public portion of the website. In connection with completing the online registration form, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the registration form; and: (2) maintain and promptly update the registration data to keep it true, accurate, current and complete at all times while you are a member. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to refuse your membership application, and/or to suspend or terminate your account. 7. Membership Fees. Should you access the website on the basis of a trial membership, be advised that all one trials become regular monthly memberships at the end of the trial unless the user cancels their membership by using our online tools. Subscriptions are recurring subscriptions meaning that you will automatically be billed monthly until you cancel your membership. Chargebacks will be pursued by collection agencies. Any subscriber knowingly defrauding the system by credit card chargebacks or refunds with my handled by our legal department. All membership cancellations require 48 hours notification to fully process. If you believe that you have been erroneously billed, you are required immediately to notify Company of such error. If you do not notify Company within thirty (30) days after such billing error first appears on any account statement rendered by your credit card issuer or by Company (whichever is earlier), such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. Company reserves the right to contract with a third party to process all payments and to resolve chargeback disputes. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due, you agree to pay interest on the past due amount at a monthly rate of 1.5 percent (18 percent per annum), plus any additional collection costs, credits, charge backs and legal fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You are responsible for reimbursing Company for all credit card charge backs, dishonored checks and related charges. 8. ID and Password. Your ID and password are, and shall remain, the sole and exclusive property of Company, and are issued to you in the form of a revocable, confidential, single-user, non-transferable license. You have a strict obligation to keep the ID and password confidential. You are not permitted to re-distribute, share or trade your ID and password with anyone. If you share your ID or password with others your account may be suspended without notice. Should the confidentiality of either your ID or password become, or you have reason to believe that either may have become, compromised or learned by a person other than you, you must immediately inform Company via e-mail. 9. Duty to Report. If the address or any other information pertaining to your credit card is changed for any reason, or if your credit card is lost or stolen, or if your ID or password may have become compromised, you must immediately inform Company via e-mail. Your failure to do so will be a material breach of this Agreement. 10. Termination. Access to the website may be terminated by you at any time, with or without cause. In such event, you agree to be personally liable for all charges incurred by you during or through the use of the website until the expiration of your subscription period. You shall remain liable for such charges after termination of your access rights to the website for any reason. Your access to the website may also be terminated by Company at any time, with or without cause. In such event, you will be refunded any unused portion of your membership fee. 11. Representations and Warranties: You represent and warrant to Company that: (1.) you are aware that by the use of the website membership ID and password, you may encounter websites that include objectionable materials not controlled by Company (2.) it is lawful to receive and view sexually explicit adult materials in the jurisdiction in which you reside, receive or view the said materials; (3.) you will not use any of the materials that you view or access on the website in any manner that is inconsistent with the intellectual property, privacy and publicity rights of the lawful holders of those rights; and (4.) you assume all risk and accept all responsibility for any and all use of your website membership, for access to any participating websites, and for the use of any materials or Content (including programming, code, software, encryption, data or other information technology) obtained from any participating website. 12. Third Party Communications. Company does not screen or endorse advertisements or communications submitted to it by third-party licensees, advertisers, or visitors for electronic dissemination through the website. You are advised to use your own judgment to evaluate all advertisements and other communications available at or through the use of the website prior to purchasing goods and/or services described therein or otherwise responding to or acting upon any such communications. 13. Use of Information. Company's privacy policy as amended by Company is a binding part of this Agreement. All data, information, compilations, statistical analyses, profiles, membership history and transaction records are the sole and absolute property of Company. Notwithstanding the foregoing, Company may utilize the outsourced services of trusted third parties to conduct real-time transaction and credit card screening and to participate in credit card chargeback inquiries. 14. DISCLAIMER OF WARRANTY. COMPANY DOES NOT GUARANTEE OR WARRANT THE COMPATIBILITY OF YOUR EQUIPMENT, COMPUTER OR SOFTWARE, INCLUDING BUT NOT LIMITED TO, THE TYPE OF COMPUTER, COMPUTER CONFIGURATION, BROWSER SOFTWARE, OTHER SOFTWARE, DIAL UP ACCOUNT, TCP/IP, WINSOCK OR ONLINE SERVICE. COMPANY IS NOT RESPONSIBLE FOR ANY DELAY OR INTERRUPTION IN SERVICE OR INABILITY OF YOU TO ACCESS PARTICIPATING WEBSITES DUE TO TECHNICAL DIFFICULTIES OR FAILURE OF THE INTERNET, WORLD WIDE WEB, TELEPHONE LINES, SWITCHING OR ANY OTHER CAUSES BEYOND ITS IMMEDIATE CONTROL. COMPANY GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE STATUTORY LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ANY MEMBER OF COMPANY GROUP SHALL CREATE A WARRANTY OR IN ANY WAY MODIFY THE SCOPE OF THIS PARAGRAPH. 15. EXCLUSION OF LIABILITY. COMPANY IS NOT LIABLE FOR DAMAGES WHATSOEVER RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIALS, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITE OR THE CONTENTS THEREOF, EVEN IF COMPANY WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A BREACH OF THIS AGREEMENT BY COMPANY IS A REFUND OF NO MORE THAN ONE MONTH?S MEMBERSHIP FEE. 16. Trade Marks and Service Marks. You acknowledge and agree that trademarks and/or service marks of Company are the property of Company and may never be used without express written permission. 17. Indemnity. You agree to indemnify and hold harmless Company, and its owners, shareholders, officers, directors, employees, contractors, attorneys, and agents from and against any and all liabilities, claims, damages and costs (including attorney's fees, government fines or forfeitures) arising in any way out of the authorized or unauthorized use of your membership ID or password, the receipt, viewing, transmission or retransmission, or use of any Content by you or any unauthorized person using your ID or password, and any breach or alleged breach by you of any covenant, representation or warranty made by you in this Agreement, including but not limited to attempted or actual unauthorized downloading, viewing, retransmission, duplication or other unauthorized use of any Content, or any disruption of the website caused directly or indirectly by you. 18. Controlling Law. This Agreement shall be construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the courts of Clark County Nevada. 19. Integration. Each party to this Agreement acknowledges that this Agreement constitutes the entire agreement, that this Agreement supersedes all prior or contemporaneous agreements, discussions, or representations, whether oral or written, and that this Agreement can be modified in a posted as expressly provided. 20. Severability and Construction. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and all other terms and conditions shall endure. Headings of sections or paragraphs in this Agreement are provided only for ease of reference and shall not be construed as limiting or affecting the meaning of any term. 21. Relations Among the Parties. Nothing in this Agreement shall constitute or be construed to constitute or tending to create any relationship between Company or any member of the Company and you. ______________________________________________________________________________________ By entering the website or completing the join forms you expressly agree to all terms of this Agreement. © 2011 Hardball Films, LLC | ALL RIGHTS RESERVED