Terms of Use HUSTLERMAGAZINE.COM
Last Updated: August 1, 2019
This page contains the Terms of Use and User Agreement (“Agreement”) between you and LFP Publishing Group, LLC (“LFP”), the publisher of this Hustler Magazine Web site (the “Site”). The term “Site” as it is used in this Agreement includes any associated online and mobile websites, all subdomains of the Site and any content, code, data, services, applications and digital tools (including those related to our consumer policy and mobilization activities) that provide an authorized link to this Agreement (“Mobile Services”) features or functionality made available from or through the Site. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Site. Changes in the Terms of Use will be effective when posted and your continued use of the Site and/or the services made available on or through the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEBSITES, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access or otherwise use the Site.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 26 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.
Subscriber Terms and Conditions
As used below, the words “you” and “your” mean the subscriber; the words “LFP,” “we,” “us” and “our” mean LFP Publishing Group, LLC, its affiliated periodicals, digital communications and all other properties, its affiliates, subsidiaries, successors and assigns; the word “device” means the personal computer, tablet, smartphone or other electronic device you are using to view this page; and “payment method” means the credit card, debit card, bank account or the Apple Pay or Google Pay default card information you provide to us from time to time in connection with a subscription. Please print or save to your device a copy of this page.
Please review our Privacy Policy which is a part of this Agreement and describes how LFP treats your personal information; please read the California Privacy Policy if you are a resident of the State of California..
1. Your Rights.
LFP grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the Mobile Services and the materials provided thereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site and the Mobile Services are only for your personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or the Mobile Services or any part of them in any way.
2. Continuous Subscription Terms and Right To Cancel.
All subscription plan options are CONTINUOUS SUBSCRIPTION PLANS, which means your subscription will continue and you will be billed until you cancel your subscription. By providing your payment method information and clicking the COMPLETE PURCHASE button as your electronic signature, you accept a CONTINUOUS SUBSCRIPTION, which means your initial subscription will automatically renew until canceled. You have the right to cancel service at any time by sending an email to: CANCELMYSUBSCRIPTION@HUSTLERMAGAZINE.COM. We do not accept written correspondence sent by U.S. mail or otherwise. You will be charged for any service prior to cancellation.
3-DAY TRIAL IS AVAILABLE EXCLUSIVELY FOR DIGITAL PLAN ONLY. Your introductory 3-Day Trial rate of $1.35 is valid for three (3) days only after original purchase date. That amount will be the initial charge made to your payment method. After the 3-Day introductory offer, it switches to DIGITAL MONTHLY CONTINUOUS SUBSCRIPTION and your payment method will automatically be charged monthly the amount of $9.69 until you notify us to cancel. YOU CAN CANCEL YOUR SUBSCRIPTION AT ANY TIME.
LFP may charge you fees for certain products or services offered for sale through the Site or the Mobile Services. Certain Site and Mobile Services products and services are available only through the purchase of a subscription (“Paid Services”) or other type of paid access. The terms for the Mobile Services are described in Section 16, below. The terms for LFP’s other Paid Services are described in this Section 2.
Some Paid Services, at your option, may be billed either monthly, quarterly, or annually. All subscriptions are CONTINUOUS, which means your subscription will continue and you will be billed until you cancel your subscription. By providing your payment method information and clicking the COMPLETE PURCHASE button as your electronic signature, you accept a CONTINUOUS SUBSCRIPTION, which means your initial subscription will automatically renew until canceled. At the end of Paid 3-Day Trial, continuous subscription is billed at monthly rate thereafter if not canceled. In order to provide you with uninterrupted service, all Paid Services such as Hustler Magazine digital and print Paid Services, such as Hustler Magazine (when purchased online), is a continuous subscription that bills and auto renews until you cancel. To change or cancel your continuous subscription email to: CANCELMYSUBSCRIPTION@HUSTLERMAGAZINE.COM. As explained below, LFP through its “Processor” (defined below) will continuously charge your credit or debit card or other payment method on file for CONTINUOUS SUBSCRIPTION unless you cancel the product or service by sending an email to: CANCELMYSUBSCRIPTION@HUSTLERMAGAZINE.COM. We do not accept written correspondence sent by U.S. mail or otherwise. You will be charged for any service prior to cancellation.
(a) You agree to pay, using a valid credit or debit card or other payment method which LFP accepts, all fees and charges, including applicable taxes, you have incurred through your account, including the monthly or annual charges to access the Paid Services. Initial prices and your billing periods are set forth on the Order Page. Future Subscription Prices may be higher. LFP reserves the right to increase rates at any time. You will be notified in advance of any change in rates. Charges will be made to your payment method as of the due date of each payment or the next business day and in the amount of the payment due. This authorization will remain in effect until it is cancelled by you or LFP.
(b) If you are enrolled in a continuous renewal Paid Service, you must update your credit or debit card or other payment information promptly to keep your account current, complete and accurate (e.g., for changes in your credit card number, billing address or expiration date). LFP may cancel continuous payments at any time if any payment is returned by your financial institution unpaid. If you or LFP cancel this authorization without you cancelling your subscription, you will still be required to make your payments by check or other means. Our cancellation of your automatic payments does not result in a cancellation of your continuous subscription.
(c) You may cancel your CONTINUOUS SUBSCRIPTION at ANY TIME, subject to the following terms:
Send an email to CancelMySubscription@HUSTLERMagazine.com to Cancel Your HUSTLER Magazine subscription. Follow all instructions as directed. We do not accept written correspondence sent by U.S. mail or otherwise. You will be charged for any service prior to cancellation. Please allow 5-7 business days to process your cancelation request.
(d) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Site, including any messaging, data and other rates and fees applied by your mobile communications carrier for use of the Mobile Services.
(e) For purposes of identification and billing, you agree to provide LFP or its Processor with accurate, complete, and updated information required when purchasing a product or service on our Site, including registering for a Paid Service (“Registration Data”). Registration Data may include your name, address, email address and applicable credit or debit card or other payment method data (e.g., payment card number and expiration date). Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at LFP’s option, result in immediate suspension or termination of your right to use our Site, including the Paid Services.
(f) You agree to promptly update your Registration Data in your “Account Settings” page if you know of or suspect unauthorized use of your Paid Service or other product or service, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your credit or debit card or other payment method information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your Paid Service or other product or service until you update your Registration Data. If your credit or debit card expires, is canceled, is lost or is subject to use without your authorization, or if your Paid Service or other Site service is subject to use without your authorization, go to your “Account Settings” page to update your Registration Data or call Member Services.
(g) If you elect to submit your credit/debit card or other payment information to purchase a continuous subscription, you will be deemed to have read and agreed to these Terms of Use in addition to all the terms and conditions of the relevant credit card processing entity (the “Processor”) retained by us from time to time for processing your purchases. You acknowledge and agree that these Terms of Use constitute a binding agreement between you, us and the Processor. Once your credit/debit card or other payment method is approved by the Processor, your subscription purchase will be processed.
(h) Payment Authorization/ Notice of Lost or Stolen Card/ Fraudulent Use of Card.
- Payment for your subscription may be made by credit/debit card (or other approved payment methods and facilities) and you hereby authorize us, our successors and permitted assigns and their agents, such as merchant credit card processors to effect and transact such payments on your behalf.
- You hereby authorize us, our successors, designated agents and permitted assigns to charge your credit card (or other approved payment methods and facilities) for your subscription and for any purchases of goods or other services from us. You expressly agree that the authorization to charge your credit/credit card includes the authority of our payment processing agents from time to time, successors in interest and any licensees to charge your credit/debit card for your subscription and any other goods or services you purchase from us.
- You agree to promptly notify us and our Processor of any loss or theft of the credit/debit card used to pay for your subscription or for other goods or services purchased; changes in the expiration date of the credit/debit card; changes in your home or billing address; any actual or apparent breaches of security regarding your subscription, access to or use of the Digital Magazine, such as any theft or unauthorized disclosure or use of your user ID or password; and any other changes pertaining to your credit/debit card used to purchase the subscription or to pay for goods or services that might affect our ability to obtain payments from you when due to us.
- You hereby agree that in the event of any fraudulent report by you of a lost or stolen credit/debit card used to obtain a membership, goods or services from the Website, or any fraudulent report by you of an unauthorized charge to us on your credit/debit card, you shall be liable to us for liquidated damages of [$20,000.00]. This liability for liquidated damages shall not limit any other liability you may have for the breach of any other term, condition, promise or warranty set forth in these Terms of Use.
3. Billing Disputes & Refund Policy.
Billing Disputes – all disputes must be received by phone or electronic communication within 120 days of the statement date. Disputes received after this timeframe will not be eligible for review.
Refund Policy for PRINT & PRINT+DIGITAL CONTINUOUS SUBSCRIPTION PLANS ONLY – if your subscription is canceled or terminated and you have a credit balance of more than $1.00 with us, a prorated refund will either be credited to the credit or debit card on file if the card account is open or a check will be mailed to the postal address we have on record approximately sixty (60) days following cancelation or termination of your subscription plan.
Refund Policy for DIGITAL CONTINUOUS SUBSCRIPTION PLANS – if your subscription is canceled or terminated and you have a credit balance of more than $1.00 with us, a prorated refund will either be credited to the credit or debit card on file if the card account is open or a check will be mailed to the postal address we have on record approximately sixty (60) days following cancelation or termination of your subscription plan.
Refund Policy for 3-DAY TRIAL – THIS OFFER DOES NOT QUALIFY FOR ANY REFUNDS.
4. Membership.
If you purchased a print and/or digital Paid Service, you are entitled to paid member benefits and will be billed for your print and/or digital membership based on the terms you signed up for, including the applicable billing and renewal terms.
4. Sales Tax
LFP may collect applicable sales and/or use tax on sales of the Paid Services and remit those taxes to the appropriate state or local jurisdiction.
5. Copyright and Trademarks.
All materials available on the Site and through the Mobile Services, including without limitation text, data, images, software and downloadable software applications, audio and video clips, databases, and ratings, (collectively, the “Content”) are owned or controlled by LFP or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site or the Mobile Services, including without limitation our product reviews and ratings and those product reviews and ratings posted by other users, for any public and/or commercial use without the prior written permission of LFP. You may not download, republish, transmit, reproduce or otherwise use any Site photographs or videos as a stand-alone file.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of LFP or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of LFP or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of Consumer Reports;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that Consumer Reports sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
Hustler®, Barely Legal®, Taboo®, Asian Fever®, All Bush®, Back Door Babes® and other related marks used on this Site and in the Mobile Services are registered trademarks of LFP IP, LLC in the United States and other countries.
6. Communicating on or through the Site.
BY TRANSMITTING ANY COMMUNICATION TO THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT MODIFICATION THEREOF, DO NOT SUBMIT ANY COMMUNICATION USING ANY SITE TOOL OR OTHERWISE TO THE SITE (INCLUDING WITHOUT LIMITATION ANY REVIEW) AND/OR USE ANY REVIEW TOOL.
By transmitting any Communication to the Site, you grant LFP an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, together with any personal information transmitted with your Communications (such as name, user name and photograph), in all formats and in all media now known or later developed.
You acknowledge and agree that any Communications made to or by means of any Site Tool are public and you have no expectation of privacy in any such Communication. No confidential, fiduciary, contractually implied or other relationship is created between you and LFP by reason of your transmitting a Communication to any Site Tool.
LFP reserves the right, but has no obligation, to monitor the Site Tools and edit, modify or delete any Communications (or portions thereof) which LFP in its sole discretion deems inappropriate, offensive or contrary to any LFP policy, or that violate this Agreement.
You agree not to upload or distribute to, or otherwise publish through the Site or the Site Tools, any Communication which
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations;
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(ix) impersonates another person or entity, or that collects or uses any information about Site visitors.
With respect to your conduct while publicly posting a Review or using any Review Tool, you agree not to:
(i) attempt to disguise the origin of any content transmitted;
(ii) act in any manner that could negatively affect other users’ ability to use the Site;
(iii) impersonate any person or entity, including, without limitation, a moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
(iv) upload, post or otherwise transmit any content that:
– is not relevant to the product, service, person or entity being reviewed or rated;
– you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, copyrighted material, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
– is unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
In addition to the grant of rights described above, by transmitting Reviews to the Site, you hereby grant LFP the right to use on the Site the user name, identifier, or any portion thereof, and any photograph submitted or otherwise transmitted in connection with such Reviews, if LFP so chooses.
You further represent and warrant that (i) the Reviews you submit are either original to you, or all third party rights have been fully cleared for use as contemplated by this Agreement; (ii) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (iii) LFP shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Reviews.
LFP may take any or no action with respect to Reviews submitted to the Site including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Reviews with no notice and at LFP’s sole discretion. LFP may use your user name, geographical location or other identifier to attribute authorship of Communications to you. LFP reserves the right to report information from Reviews to appropriate government agencies in connection with any consumer safety and related concerns.
You hereby waive all rights generally known as “moral rights” in your Communications (including your stories, test results, ratings, and Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction. If it is determined that you retain “moral rights” (including rights of attribution or integrity) in Communications, you agree and warrant that (i) you do not require that any personally identifying information be used in connection with the Communications; (ii) you have no objection to the publication, use, modification, deletion and exploitation of the Communications on the Site in all forms and media and all manners, including composite, digitally changed, enhanced, or distorted representations, for any lawful purpose, including but not limited to, marketing, social media, promotional materials, and any other physical or digital form; and (iii) you forever release LFP, its licensees and its successors and assigns, from any claims that you could otherwise assert against them by virtue of any such uses, including any claims for moral rights.
LFP reserves the right to (i) screen Communications for errors, profanity, indecency, mistakes, relevancy, and potential violation of third-party personal or proprietary rights (such as infringement of intellectual property rights, defamation, etc.); (ii) edit, modify, remove or disable access to any content that violates these provisions or that LFP deems objectionable; and (iii) investigate any misuse of any Review Tool, or its systems, equipment or network. Without limitation of the foregoing, LFP reserves the right to report any activity or persons (including the disclosure of appropriate user information) to appropriate law enforcement officials, regulators, or other appropriate third parties that LFP suspects has violated any law or regulation. LFP also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
7. Unsolicited E-Mail.
You agree not to use any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by LFP in connection with the Site. Any violation of this Section shall be determined by LFP in its sole discretion.
8. Health Content and Usage.
The Site and the Mobile Services may occasionally contain educational information concerning health and safety, diet and nutrition advice, exercise and fitness, and information about treatments and drugs, including alternative medicines. If you are interested in it, LFP encourages you to print out the information contained in this section of our Site for discussion with your healthcare provider. Please note that health or nutrition-related content is for educational use only and is not a substitute for professional medical advice, diagnosis or treatment. LFP cannot help you with individual medical questions. Always seek the advice of your physician or qualified healthcare provider with any questions you may have regarding a medical condition.
9. Notice of Copyright Infringement.
We intend that all content provided on our Site and the Mobile Services respect the copyright and other proprietary rights of third parties. When Site visitors post content on our Site, of course, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below.
You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) (“Notice”) to the agent we have designated with the Copyright Office:
Manager of Legal Services
Telephone:
Email: legal@lfp.com
To comply with the Copyright Act, your Notice must be in writing and must include:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
(i) A physical or electronic signature of the alleged infringer;
(ii) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;
(iv) The alleged infringer’s name, address, and telephone number; and
(v) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.
Please note: the email address of our Designated Agent is intended specifically for the receipt of notices of claimed infringement under the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512. It is not intended for the general inquiries and permission requests concerning the use of our content. If you wish to request permission to reproduce any of our content, please click here. If you have general inquiries, please click here to be redirected to the FAQ section of our Site.
10. Your password.
As part of the registration process for access to LFP products and services, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access free or Paid Services and other products and features, and agree that LFP will have no obligations with regard thereto.
11. Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site or the Mobile Services, including the Communications, is at your sole risk. LFP reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site or Mobile Services, or to deny access to the Site or Mobile Services to anyone acting in violation of this User Agreement at any time. You acknowledge and agree that LFP is not responsible for any materials posted by users of the Site or Mobile Services. Prior to purchasing any third-party products or services described on the Site or Mobile Services, you are advised to verify pricing and other information. Neither LFP nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site or Mobile Services.
12. Certain Communications.
Please note that when you purchase our products and services or otherwise provide us with any information, you expressly consent to our communicating with you about our products and services using the information you provided to us and acknowledge that we have the authority to contact you via the information you provide. This means we may contact you, in person or by recorded message, e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your telephone or other telecommunications device may be capable of receiving.
13. No-Commercial Use Policy.
You agree to use the Site, the Site Tools and products and services you purchase through our Site, including the Paid Services, and the Mobile Services only in a noncommercial manner and in compliance with LFP’s no-commercial use policy . You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation using any Site Tools) or through the Mobile Services any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us. Write to: LFP, Legal Dept., 8484 Wilshire Blvd., Suite 900, Beverly Hills, CA 90211.
14. Links to Other Sites.
The Site or the Mobile Services may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by LFP or its Affiliates of any third-party site or any materials contained therein. LFP and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
15. Mobile Services.
Our Mobile Services include the following products and services accessible via your mobile phone or device: (a) the ability to access and receive downloadable mobile applications and (b) the ability to receive and reply to messages and to send content and messages using text messaging. In addition to the other general terms and conditions set forth in this Agreement, the following provisions apply specifically to the Mobile Services:
(a) In order to access certain Mobile Services, you must have a mobile communications device with paid access to a participating carrier and otherwise have access to a mobile communications network through which the applicable Mobile Services are made available, and any carrier services, such as a data plan, necessary to both access and download content and engage in messaging services.
(b) In addition to any fees payable for the Mobile Services, your mobile communications carrier’s normal messaging, data and other rates and fees will apply to your use of certain Mobile Services. You should check with your carrier to find out what plans are available and how much they cost. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device.
(c) By using Mobile Services you agree that certain information about your usage of the Mobile Services will be communicated to us. For more information about the types of information we collect from users of the Site and the Mobile Services, please see our Privacy Policy.
(d) If you have registered your mobile number for Mobile Services, you agree to notify us of any changes to your mobile number. Subscribers of our Site’s Paid Services may update their mobile number information through My Account available via the Site. If you subscribe solely to one or more Mobile Services, please contact us Support@HUSTLERMAGAZINE.COM to update your mobile number.
(e) You represent and warrant to LFP that you are an authorized user of the mobile devices providing access to the Mobile Services and that you are authorized to enter into this Agreement on behalf of the subscriber of the mobile communications carrier for the device.
(f) You acknowledge and agree that any downloads made available as part of the Mobile Services are owned by LFP, its affiliates, and/or licensors, as applicable, and are protected by intellectual property laws. LFP hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable right to download and use the object code version of the download(s) and the corresponding Mobile Services on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the download(s) except as expressly provided in this Agreement. No license is granted to you by this Agreement in the human readable code, known as the source code, of the mobile content accessed or downloaded on your mobile device, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the mobile content downloaded on your mobile device. You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Services.
(g) When you purchase certain Mobile Services from LFP, the applicable fees may be billed through your mobile communications carrier and appear on your mobile phone bill. You agree to pay your mobile communications carrier for any and all fees associated with such Mobile Services you purchase. From time to time, LFP may change the fees associated with certain Mobile Services. Any such changes are applicable only to future Mobile Services purchases you make.
(i) You agree that LFP, at its sole discretion, may at any time terminate your use of the Mobile Services if LFP believes that you have violated this Agreement. You agree that upon termination of your access to the Mobile Services under any provision of this Agreement, LFP may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Mobile Services. Further, you agree that LFP shall not be liable to you or any third party for any termination of your access to the Mobile Services. If you cancel your account or subscription plan for any reason, LFP will not refund any of your fees paid to date, except as expressly provided in this Agreement.
16. Age Restrictions.
You represent and warrant to LFP that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site and/or the Mobile Services in accordance with this Agreement.
17. Financial Responsibility.
You agree not to assign, transfer or sublicense your rights as a subscriber to the Paid Services or any Mobile Services. You agree to be financially responsible for all usage or activity on your Paid Services or Mobile Services account.
18. Indemnification.
You agree to indemnify and hold harmless LFP from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Site; (ii) User Content provided or posted by you or through use of your Account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
19. DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE MOBILE SERVICES AND THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR OTHER PAID OR UNPAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LFP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR THE MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR THE MOBILE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE SITE TOOLS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CR AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
20. LIMITATION OF LIABILITY.
USE OF THE SITE AND THE MOBILE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE AND THE MOBILE SERVICES.
UNDER NO CIRCUMSTANCES SHALL LFP OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR LFP OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES OR THE MOBILE SERVICES, EVEN IF LFP, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.
THE TOTAL LIABILITY OF LFP AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE PAID SERVICES OR OTHER SUBSCRIPTION OR MEMBERSHIP-BASED SERVICES AND THE MOBILE SERVICES. YOU HEREBY RELEASE LFP AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
21. Termination.
In addition to any other rights of the parties set forth herein, LFP may cancel or terminate this Agreement at any time. LFP also reserves the right to restrict, suspend or terminate your access to the Site, the Paid Services or other subscription or membership-based services and/or the Mobile Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If LFP terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, LFP reserves the right to refuse to provide access to the Site, the Paid Services or other subscription or membership-based services or the Mobile Services to you in the future.
22. Modifications
(a) To the Agreement.
LFP has the right to modify this Agreement and any policies affecting the Site and the Mobile Services, including without limitation the No-Commercial Use Policy. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail, conventional mail or text messaging (in the case of Mobile Services users). Your continued use of the Site or Mobile Services shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of LFP in providing the Site or the Mobile Services, including without limitation:
(i) any change in the Content, or
(ii) any change in the amount or type of fees associated with the Paid Services or print subscription products purchased through our Site,
is to cancel your subscription in accordance with instructions provided in Section 2 above.
(b) To the Site and/or Mobile Services.
LFP has the right to modify, suspend or discontinue the Site, the Mobile Services or any portion thereof at any time, including the availability of any area of the Site and the Paid Services and the Mobile Services. LFP may also impose limits on certain features and services or restrict your access to parts or all of the Site or Mobile Services without notice or liability.
23. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT
A. Initial Dispute Resolution. We are available by email at privacy@lfp.com to address any concerns you may have regarding use of the Website. We and you (the “Parties”) shall use our best efforts to settle any dispute, claim, question or disagreement (“Dispute”) directly through consultation and good faith negotiations, which shall be a precondition to either party initiating legal proceedings of any type. The party asserting the Dispute shall provide written notice to the other party (by overnight courier, first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent (1) to us at the address set forth herein, or (2) to you at: your last-used billing address, the billing and/or shipping address in your profile, or your email address, if do not have any other address for you.
B. Agreement to Binding Arbitration. In the event that the Parties are unable to resolve any dispute informally, then such dispute shall be submitted to final and binding arbitration. The arbitration shall be initiated and conducted according to either the JAMS Streamlined Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Los Angeles office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Los Angeles County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow California law and the Federal Rules of Evidence in adjudicating the dispute. However, the Parties agree that disclosure shall be limited in any such arbitration to no more than two (2) depositions per Party, each no more than (4) hours in length; no more than ten (10) written requests for documents; no more than ten (10) requests to admit; and no more than five (5) written interrogatories. The Parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any California state or federal court with experience in matters involving the adult entertainment industry or e-commerce industry, as applicable. If either Party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Los Angeles County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the Party against whom enforcement is ordered.
Injunctive Relief. Notwithstanding the foregoing, either Party shall be entitled to seek injunctive relief (unless otherwise precluded by any other provision of these Terms of Use) in the state and federal courts of Los Angeles County. Other Matters. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of these Terms of Use), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County. NOTICE: YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INVOLVING THESE TERMS OF USE TO BE DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MAY POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. IN SO AGREEING YOU ARE ALSO GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. NEVERTHELESS YOUR AGREEMENT TO THIS ARBITRATION IS VOLUNTARY.
C. Class Action and Class Arbitration Waiver. The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. You and we agree that each may bring claims against the other in arbitration only and only on an individual basis and in so doing you and we hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in section 14(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. However, if a court decides that applicable law precludes enforcement of any of this section 23’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration. D. Exceptions – Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party’s intellectual property rights.
E. Exceptions – Small Claims Court Claims. Notwithstanding the Parties’ agreement to resolve all disputes through arbitration, either Party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.
F. 30 Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in sections 23(A), 23(B), 23(C) and 23(D) by sending written notice of your decision to opt-out to the following address: LFP Publishing Group, LLC, 8484 Wilshire Blvd., Suite 900, Beverly Hills, CA 90211, Attn: Legal Department. The notice must be sent within thirty (30) days of your first access of, or your registration to use, the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
G. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 23(B) do not apply, the Parties agree that any litigation between them shall be filed exclusively in state or federal courts located in State of California, County of Los Angeles (except for small claims court actions which may be brought in the county where you reside, provided that we are subject to jurisdiction there). The Parties expressly consent to exclusive jurisdiction in the State of California, County of Los Angeles for any litigation other than small claims court actions. The Parties also expressly agree that, to the extent that the arbitration provisions set forth in Section 23(B) do not apply, these Terms of Use shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of California.
24. GENERAL.
This Agreement constitutes the entire agreement between you and LFP with respect to the Site and the Mobile Services and, if applicable, your purchase of LFP’s products and services offered through this Site and the Mobile Services (including the Paid Services), and supersedes all prior agreements between you and LFP. Failure by LFP to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of California (excluding its choice of law rules). All claims arising out of or relating to this Agreement will be litigated exclusively in the federal or state courts of Los Angeles, California, USA and you consent to personal jurisdiction in those courts. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
