Limited use of the Cum-Fun network of Sites is offered to you by Cum-Fun subject to, and conditioned upon your acceptance of, these Terms of Service. Your use of the Site constitutes your legally binding acceptance of and agreement to these Terms of Service. Under these Terms of Service only, Cum-Fun grants you a license to view and use the interactive features of this Site. If you do not agree to these Terms of Service, you are not an authorized user and should discontinue any use of the Site. Cum-Fun reserves the right to change or modify these Terms of Service at any time without notice to you. Please read these Terms of Service carefully, as you are bound to comply with the provisions herein.
1. OWNERSHIP AND INTELLECTUAL PROPERTY
1.1 Ownership. Cum-Fun is the exclusive owner and proprietor of the Site. The Site Content and Site Code as they exist on the Site are offered to you by Cum-Fun for limited use pursuant to these Terms of Service. "Site Content" means any and all human readable audio and/or visual elements of the Site, including without limitation, any text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site. "Site Code" means any and all underlying elements of this Site, including without limitation source code, script, object code, software, computer programs, and other sets of statements or instructions contained in or underlying the Site. Site Content and Site Code may sometimes be collectively referred to herein as the "Materials."
1.2 Copyright.
The Site Content and Site Code are owned by Cum-Fun and/or its licensors and content providers and are protected by applicable domestic and international copyright laws. Copyright © 2018 Cum-Fun. All Rights Reserved. Unless expressly permitted elsewhere in the Site by Cum-Fun, you shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Site Content or Code, in whole or in part. Any rights not expressly granted to you herein are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
1.3 Copyright Complaints.
If you believe that your copyrightable work of authorship has been copied and is being displayed on the Site in such a way that would give rise to a claim for copyright infringement, please contact us at info@cum-fun.com.
2. USE OF THE SITE, GENERAL TERMS
2.1 License. Cum-Fun grants you a non-exclusive, non-transferrable, limited right and license to access and use this Site, and view and privately display the Site Content by way of one or more computers connected to the Site via IP networks only, and in strict conformity with these Terms of Service. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site in the future. However, no other copy or use of any portion of the Site is permissible, and the same would constitute an act of copyright infringement. By way of example, and not limitation, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, or create derivative works based upon any portion of the Site Content, link or forward any web address to this Site, copy, counterfeit or paste the Site Content to any other website or web page. You may not publicly display any portion of the Site, or any films or other audiovisual or digital works available at this Site, without a written license signed by a party authorized to legally bind Cum-Fun to such a contractual arrangement. Any other use or exploitation of this Site, including the Site Content or Site Code, is strictly prohibited. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Materials from the Site. You agree that links to the Site are only permitted upon express permission from and arrangement with Cum-Fun. You acknowledge and agree that modification of the Materials or use of the Materials for any other purpose is a violation of Cum-Fun and possibly other third parties' copyright and proprietary rights. You agree to use the Materials and this Site only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If you violate any provision of these Terms of Service, your permission to use the Materials automatically terminates and you must immediately destroy any copy you may have of any of the Materials. Any other use or exploitation of this Site, including the Materials, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
2.2 Non-Commercial/Personal Use Limitation.
Cum-Fun grants you this license for the limited purpose of personal use, and not for any commercial purpose. No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use this Site. You hereby agree not to use the Site, the Materials, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.
2.3 Not Intended for Minors.
Much of the content on the Site is inappropriate for children. As such, the Site is not intended for use by persons under the age of eighteen (18) years of age ("Minors"). 2.4 Nature of Services. Cum-Fun offers its Site services for entertainment and information purposes only. Cum-Fun does not warrant the truth or validity of the information contained on its site. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Cum-Fun is not responsible for errors in or omissions from the information contained or accessed through the Site. ALL INFORMATION AND CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
2.5 Username/Password. Cum-Fun may issue you a username and/or password for access to certain portions of, or services provided via, the Site. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website nor transmit it through unsecured sites. Cum-Fun shall not be responsible whatsoever in the event that your password is misappropriated by a third party.
2.6 License to Your Postings to the Site; Indemnity. By posting any reviews, suggestions, concepts or other material, or Emailing them to us, you automatically grant to Cum-Fun a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) Cum-Fun exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to Cum-Fun (or its assignee's) exercise of its rights hereunder. Moreover, you agree to indemnify and hold Cum-Fun harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against Cum-Fun, arising out of or relating to Cum-Fun exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms of Service.
2.7 Reservation of Rights. Any rights not expressly granted by Cum-Fun herein are reserved. You may not download, modify, publish, transmit, transfer or sell, reproduce, create derivative works from or based on, distribute, perform, publicly display, or in any way exploit any of the Site Content, in whole or in part, without the prior written consent of a party authorized to bind Cum-Fun, except as expressly permitted in these Terms of Service.
3. TERMS RELATING TO PAID SERVICE CHARGES
3.1 Paid Service Charges. Most of the Content on the Site is available only on a paid basis (that is, you must pay to access the Content). This Content is sometimes referred to herein as the "Paid Services". To view a scene it must first be purchased. All Scenes are playable on the site. Some Scenes may have an optional download.
3.2 Download Services. Certain Scenes are available for Download in MP4 format. These downloads do not contain digital rights protection. You can watch your Download to Own as many times as you like. There is no expiration date. Any Scenes without a download will be clearly labelled as either " Stream Only" or "No Download Available".
3.3 General Terms relating to Paid Services
3.3.1 Internet Service Charges 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 the Paid Services.
3.3.2 Identification for Billing For purposes of identification and billing, you agree to provide Cum-Fun with accurate, complete, and updated information required by the site subscription registration to the Paid Services ("Registration Data"), including your legal name, address, and applicable payment data (e.g., credit card number and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at Cum-Fun option, result in immediate suspension or termination of your right to use the Paid Services.
3.3.3 Unauthorized Use You agree to promptly update your Registration Data in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your account is subject to use without your authorization, you may update your Registration data and/or remove your billing information.
3.3.4 Financial Responsibility You agree to be financially responsible for all usage or activity on your Paid Services account.
3.4 Terms Relating to Refunds If you purchase one of our Scenes and are unable to view your selected film(s), please send an e-mail to info@cum-fun.com. We will work with you to try to solve your problem. However, Scene purchases on Cum-Fun are final. We are not responsible for user errors when purchasing any Scenes.
4. TERMS RELATING TO OUR ADULT CONTENT 4.1 If you access any adult or mature content through the Site, you represent and warrant that you (i) are at least 18 years of age (21 years of age in AL, MS, NE, WY, and any other location where the age of majority is greater than 18); (ii) are interested in accessing and viewing sexually oriented content; (iii) will not expose the content to a minor or any person who may find the content offensive; (iv) are familiar with the standards in your community regarding sexually oriented materials; (v) understand and accept that you may be exposed to visual images and sounds that graphically depict nudity and sexual activity, or are otherwise sexual and erotic in nature.
5. PRIVACY POLICY Cum-Fun has created this privacy policy in order to demonstrate our firm commitment to privacy. The following discloses our information gathering practices for Hotmovies.com and all of our VOD websites. Our site's registration form requires users to give us contact information (such as username and email address). We use customer contact information from the registration form to send the user special offers and updates from Cum-Fun. The customer's contact information is also used to contact the person when necessary. While you can browse the site, you will need to register in order to view videos and take advantage of certain features. You will be subscribed to our mailing list and will receive occasional emails with special deals and discounts. You can choose to stop receiving this email at any time by clicking the unsubscribe link on the bottom of your email. The only email messages you will receive from Cum-Fun when you elect not to receive informational email will be to confirm any purchases you make on our site. Cum-Fun will never sell your email address to any other company or agency. Cum-Fun uses cookies to save your password so you don't have to re-enter it each time you visit our site. You have the option of turning off cookies within your browser, in which case we will not remember your login information. We also allow you to select from within our site(s) if you would like to use a cookie to store your login information on your computer. Our sites use a secure online ordering system which enables clients to purchase minutes for viewing and/or renting movies online. Cum-Fun collects users' financial information such as account and credit card numbers for verification purposes only. Financial information that is collected is used to bill the user for products and services and never for any other reason. Cum-Fun has a strict billing policy, and you will only be billed for the minutes you select. Cum-Fun websites may contain links to other sites. Cum-Fun is not responsible for the privacy practices or the content of such Web sites.
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
6.1 Cum-Fun is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the Materials contained on this Site. You hereby acknowledge and understand that such risk is inherent in interacting with any website, including this Site, and take full responsibility for any harm, danger or damage that ensues due to any such breach in security. Pursuant to these Terms of Service, Cum-Fun expressly disclaims any such liability. In addition, you agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and you shall be responsible for all charges related thereto.
6.2 NEITHER Cum-Fun NOR ANY PROVIDER OF CONTENT FOR THE SITE OR THEIR RESPECTIVE AGENTS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM VIRUSES OR SECURITY BREACHES; NOR DOES Cum-Fun, ANY PROVIDER OF CONTENT TO THE SITE, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THE SITE AND THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Cum-Fun AND ITS AGENTS DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
6.3 NEITHER Cum-Fun, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6.4 WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Cum-Fun, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6.5 Termination. In addition to any other rights of the parties set forth herein, either you or Cum-Fun may cancel or terminate this Agreement at any time. Cum-Fun also reserves the right to restrict, suspend or terminate your access to the Paid Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If Cum-Fun terminates this Agreement based on a breach of any portion of this Agreement, Cum-Fun reserves the right to refuse to provide a subscription or any Paid Services to you in the future.
6.6 Indemnity. You hereby agree to indemnify, defend and hold harmless Cum-Fun and its Affiliates from and against any and all liability and costs incurred by Cum-Fun or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Cum-Fun reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Cum-Fun.
7. GENERAL TERMS
7.1 Notices. Notices (including questions, complaints, or legal notices) by you may be given by electronic message, unless otherwise specified in these Terms of Service as follows: (i) Electronic mail (e-mail) must be sent to info@cum-fun.com
7.2 Severability. If any provision of these Terms of Service is held invalid, unenforceable or void, the remainder of the Terms of Service shall not be affected thereby and shall continue in full force and effect.
7.3 Written Agreement. These Terms of Service constitute a written agreement between you and Cum-Fun. A printed version of these Terms of Service, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
7.4 Use in Other Locations. Cum-Fun makes no representation or warranty that the Materials in this Site are legal, appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
7.5 Force Majeure. Cum-Fun shall not have any liability to you hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond its control.
7.6 Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
7.7 No Jury Trial. YOU WAIVE YOUR RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING WITH US.
7.8 Descriptive Headings. The headings of the various sections herein are for convenience of reference only and shall not define, limit or otherwise affect any of the terms or provisions hereof.
7.9 Electronic Form of Agreement. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
7.10 Thank you for participating in the our online community. We are delighted to hear your opinion and encourage you to leave comments. In order to keep our site inviting for everyone, we will review comments and reserve the right to remove any content at our discretion without having to provide a reason. For example, we will remove any content that is considered offensive or irrelevant to this website or the movie you are commenting on. Please be polite and considerate of other users. By using the comments feature of this web site, you agree to comply with certain terms and conditions including the right to use and distribute comments on our web sites. We may not review all user generated comments posted to our sites and is not responsible for statements or opinions expressed by others or any third party. Likewise, these statements or opinions do not necessarily reflect the opinion of this site. We expect users not to publish any content that falls into one of the following categories. Content that is considered to be abusive, threatening, attacking, stalking, or might violate the rights of others (such as privacy rights). Content that is defamatory, offensive, depicting violence, or illegal acts. Content by means of which express hatred towards others (including references to religion, race/ethnicity, gender, nationality, or political beliefs.) Commercial offers or solicitation, unsolicited bulk email (spam), or requests for donations. Note: If a portion of a post is inappropriate, the entire post may be deleted. The purpose of this guide is to help provide a quality environment for our fans and build a better community.
7.11 Modifications
7.11.1 To the Agreement. Cum-Fun has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail. Your continued use of the Site following notice of any modification to this Agreement 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 Cum-Fun in providing the Site, 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, is to cancel your subscription in accordance with the subscription help instructions.
7.11.2 To the Site. Cum-Fun has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Paid Services. Cum-Fun may also impose limits on certain features and services or restrict your access to parts or all of the Cum-Fun Site without notice or liability. As soon as payment has been authorized and processed successfully by Cum-Fun.com, minutes to be used on our websites will be added to the customer's account.