12 July 2018
Terms & Conditions
Conditions of Use Terms and Conditions of Use Agreement for Fominent websites:
PLEASE NOTE: YOU MUST BE 18 YEARS OLD (OR 21 YEAR OLD WHERE REQUIRED) IN ORDER TO PARTICIPATE ON OUR SITE.
Acceptance of Agreement: You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
ADULT MATERIAL - ADULTS ONLY
The site is intended solely for adults who are at least 18 years old (21 where required) who are interested in and wish to have access to images, videos, descriptions and sounds of nude men engaging in many variations of gay sex. The content of this site should not be viewed by anyone who is younger than 18 years old (or 21 where required). If you do not wish to view this type of material, please close your browser window now and leave the site. If you are not 18 (21 where required) you must close this browser window and leave this site immediately. By viewing this site you agree, under penalty of perjury, that as of this time and day you are 18 years old (21 years old where required) and that you will not permit anyone who is not an adult as defined herein, to view the content on this site directly or via redistribution. You further agree that your decision to view this site is voluntary and for your personal entertainment, and that you completely understand the nature and degree of the gay sexual activity depicted on this site and that you are not offended in any way by the nature of the content on this site. If you do not agree or are not sure, exit this site immediately.
MEMBERSHIP, STREAMING, AND DOWNLOADS
Membership is Non-transferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information, video files, photographs or any other type of content or documents is not transferable and may only be used by you.
Subscribers may stream unlimited videos per day, but may only stream one video at a time. Only the original purchaser of the subscription can access content. Subscribers are invited to download a fixed number of videos every 24 hours which are included in the membership. The fixed number of downloads (the quota) is displayed at the FAQ section as well as on the Join Pages under the information section. The 24 hour period begins with your first daily download during which time you will have 24 hours to download the daily quota. Once you have downloaded the day's quota, you will not be able to download more videos again until 24 hours passes when your quota is refreshed. We reserve the right to change the number and/or frequency of downloads (quota) at any time.
Furthermore, subscribers shall be billed monthly, quarterly, or semi-annually depending on their choice, and such charge shall be occurring at the frequency they selected until they cancel.
Pay As You Go Users, which covers non-members, free members, or previous members with expired credentials, may download or stream videos at the price/credits stated on the website. To do this, you may choose to purchase your content of choice (photoset, video, or both) through our website.
'Trial' memberships include all features of a membership except video file downloads. Downloads are NOT included in Trial memberships. Your 'Trial' membership converts to a monthly membership, which shall continue until canceled, after the trial period and at that time and downloads will immediately become available.
“Month” Definition: For purposes of charges and membership length descriptions, a “month” is defined as thirty (30) calendar days.
Marketing Literature: In some promotional materials and marketing literature, prices are illustrated by day. Please be advised that all charges are based on months, quarters, semi-annual, or annual, as it may apply, and its display in days is for marketing purposes only.
You agree that video files downloaded from this site are copyrighted and for your own personal use, on your own computer or mobile device or display monitor only. You may not redistribute our video files in any format, partially or wholly for any reason whether for commercial or other purposes.
NOTICE TO MEMBERS:
Recording of streams using any method is prohibited. Intercepting and downloading video from the site's streaming players or downloading streaming video from the site server using spidering software or any software meant to bypass the site's download buttons/links is prohibited. If recording or spidering or any software other than a legitimate browser is detected, we reserve the right to cancel the responsible membership without refund of the membership fee. Sharing of passwords is prohibited. If our security software detects sharing, we reserve the right to cancel your membership without refund.
MODIFICATION of MEMBERSHIP, OPTIONS & FEATURES:
We reserve the right to change the basic membership prices, credit prices, number of credits to download or stream, site features, options, bonus sites, payment options and payment processors at any time.
REFUNDS AND CANCELLATIONS:
Customers who wish to cancel their subscription or obtain a refund may contact the Billing Support company that processed their transaction. Contact details of our billing partners can be obtained at our FAQ’s/Support Page. Please be advised that refunds will be handled on a case-to-case basis. Further, no refund will be issued to a customer whose account has been terminated by Fominent for breaches of Terms and Conditions.
USE OF INFORMATION, SUBMISSIONS, & MEMBER COMMUNICATION
All comments, suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
All members regardless of type of membership or purchase mode, expressly and specifically acknowledges and agrees that their email address or other means of communicating with member may be used to send them offers, information or any other commercially oriented emails from Fominent SRO, or other means of communications. Member may remove themselves from future offers, information or commercially oriented email by using the unsubscribe link on messages received or by submitting a ticket through the site's help desk. WE DO NOT SELL or DISTRIBUTE email addresses or personal information. You will not receive more than one promotional communication from our sites per week. We reserve the right to contact a Member via email to verify the accuracy of account information (including the Member's correct name, address and age) that is needed to provide the Member with the information he or she requested from Fominent SRO.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 2 of this agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses (password sharing or prohibited file downloads or use of prohibited viewing, recording, spider or downloading software) have occurred as determined by site owner/management in its sole discretion. If membership has been revoked, site owner/management reserves the right to refuse application or readmission to the membership program.
Limited Right to Use. The viewing, printing or (when permitted ) downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Video on this website is for viewing purposes only. Downloading and maintaining a copy of any video on the website is prohibited unless a file(s) are specified for download with your membership or is offered as and purchased at an additional fee specifically as a downloaded limited time rental or a single copy for personal use. In all cases, downloads are for personal use only. Posting to "tube" sites, blogs, groups, clubs or any public or private website or bit torrent sharing service is prohibited.
NOTICE TO MEMBERS:
We have engaged the services of certain companies to track illegal distribution of our video files. They have the ability to forensically 'fingerprint' the site's video files with your member information. Their software scans millions of videos each day for illegally posted video files on tube sites, torrents, file lockers, blogs, auction sites, groups, etc. Their sizable staff visually confirms the content and when confirmed the information is reported back to us for further action. The posting or redistribution of Fominent video files is a violation of United States federal copyright statutes and is investigated by the FBI, punishment may be large fines or even jail time. We reserve the right to bring a lawsuit for monetary damage against violators.
Recording of streaming videos is prohibited. Streaming video will display your IP address, username and other information from time to time in the background of your video. This is a security measure to make sure our videos are not being illegally distributed.
EDITING, DELETING, AND MODIFICATION
EU GENERAL DATA PRIVACY REGULATION
You agree to indemnify, defend and hold us and our partners, attorneys, staff,management company and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
DISCLAIMER AND BENEFITS
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
THIRD-PARTY SERVICES, POLICIES, AND LINKS TO WEBSITES
We may at times allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. The Site contains links to other Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
You represent and warrant that if you are purchasing something from us or from our billing agents or Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. You further represent and warrant that if you are purchasing something from us or from our billing agents or Merchants that (i) any debit card or bank check information you supply is true, correct and complete, (i) charges incurred by you will be honored by your bank, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: The validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement."
VENUE AND APPLICABLE LAW
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE DISTRICT COURTS OF PRAGUE IN THE CZECH REPUBLIC. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT ‘PRAGUE’, OR ‘THE CZECH REPUBLIC’ IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is owned and managed by ‘FOMINENT S.R.O.’ in PRAGUE, THE CZECH REPUBLIC. As such, the laws of ‘THE CZECH REPUBLIC’ will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.