WEBSITE USER AND MEMBERSHIP TERMS AND CONDITIONS

The following are the Terms and Conditions (the "Terms") governing your use of the following websites Muffia.com, CumFu.com, ItsReal.com, MollysLife.com and MySexyLife.com (the "Sites", "we", "us" or "our"). It is important that you review these Terms carefully as these Terms constitute a legal agreement between you and the Sites. By clicking "I Agree" or by continuing to use the Sites after these Terms are posted, you agree to be bound by the Terms as well as our Privacy Policy. If you do not agree with or do not wish to be bound by all of the terms and conditions contained in these Terms, you must not view or use the Sites. These Terms may be changed at any time. Any changes to the Terms will be posted here with a new effective date. You are solely responsible for checking these Terms from time to time for any changes to the Terms.

E-Sign Act. By using or viewing the Sites you agree that this Agreement is meant to be governed by the Electronic Signatures in Global and National Commerce Act (the "E-Sign Act"). You may print this form for your personal records. You have the right to remove your consent to use the E-Sign Act by emailing us, at which time you must immediately cease accessing the Sites.

1. ADULTS ONLY

The Sites are intended only to be viewed by individuals who are at least eighteen (18) years of age or the age of majority in such individual's jurisdiction, whichever is higher (the "Age of Majority"). If at any time we suspect someone using an account with us is not at least the Age of Majority, we reserve the right to terminate such account and report it to the authorities.

NO CHILD PORNOGRAPHY

You understand that all models appearing on the sites are, and were at the time such images were created, at least eighteen (18) years of age and that the Sites contain NO CHILD PORNOGRAPHY. We have a ZERO TOLERANCE policy for child pornography. We enthusiastically cooperate with law-enforcement on all levels. If you suspect other outside websites are participating in unlawful activities involving minors, we would encourage you to report such activity to www.asacp.org. You should also implement parental controls, such as computer hardware, software or filtering services if any minor may have the opportunity to access your computer at any time.

2. Adult Content

The Sites contain sexually explicit images and language (the "Explicit Materials"). If you do not wish to view or be exposed to the Explicit Materials you must immediately discontinue your use of the Sites. Before using the Sites you should investigate the standards of acceptability of the Explicit Materials in the communities in which you may view the Explicit Materials before viewing them. You are solely responsible for your access to the Sites and viewing of the Explicit Materials. Any use of the Sites is at your sole risk.

3. Becoming a Member

In order to become a member of the Sites and have full access to the restricted areas of the Site, you must register through the form provided on the Sites and purchase a membership. You represent and warrant to us that throughout the time you are a member of the Sites, you will keep your information current and accurate. Please note that all trial and monthly subscriptions to the Sites will perpetually automatically renew for an additional one-month subscription upon expiration, unless you cancel your subscription at least twenty-four (24) hours before the monthly subscription expiration date. You agree that for each month that you are a member of the Sites, you will pay the then-current monthly subscription rate. If you stop payment or reverse a charge on any order, we reserve the right to oppose such move by you by all means allowed by law. We also reserve the right to refuse to accept any future orders placed by you. All membership purchases are processed through one of our third party credit card processing partners. You acknowledge and agree that although the Sites may be updated or redesigned from time to time. We may also cease to update the Sites at any time or from time to time.

Necessary Equipment

You are solely responsible for providing all necessary equipment and services to view the Sites, including, but not limited to, a computer and internet access.

Use of the Sites

The Sites are intended solely for the personal, noncommercial use of its users. All materials appearing on the Websites are protected by copyright, trademark and/or all other applicable intellectual property laws. Your membership to the Sites must not be used for anything other than your own personal use. Sharing of any of the contents on the Sites, whether for money, free or otherwise is strictly forbidden. We aggressively protect our intellectual property rights and specifically reserve the right to pursue all civil, statutory and other remedies against you for any breach of these Terms.

Intellectual Property

You acknowledge and agree that all names, logos, graphics, photographs, videos and other materials appearing on the Sites (collectively, the "Materials") are protected under federal and state trademark and copyright laws and that all times the ownership in such trademarks and copyrights shall remain the sole property of the Sites. You are merely granted a non-exclusive, revocable license to view the Materials during the term of your membership to the Sites and such license shall terminate immediately upon the termination or cancellation of your membership. Your license to use the Sites does not permit you to share any of the Materials or your username and password with any third party.

Communications Not Private

The Sites may permit for you to post comments and may limit the amount of such comments. You understand and agree that such comments will be available for all members at any time. You agree that you are solely responsible for any comments posted by you on the Sites. You may not under any circumstances publish, post or in anyway share the name or personal information (including phone number, address, employer) of any of the persons who are or may appear on, be employed by or be an independent contractor of the Sites nor may you in anyway post the physical location of the Sites or their servers (collectively, "Site Personal Information"). We reserve the right to prosecute and/or cooperate in the prosecution of any member who attempts to publish, post or in anyway share the Site Personal Information.

Any emails to the Sites shall not be considered private and may be read by or shared with the agents and operators of the Sites and such third parties as we may determine, in our sole discretion, to be necessary or proper.

Digital Millennium Copyright Act Notice

NOTICE OF CLAIMED INFRINGEMENT

We respect the intellectual property of others, and we ask our users to do the same. We observe and comply with the United States' Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Program's Designated Copyright Agent the following information:

      - an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

      - description of the copyrighted work or other intellectual property that you claim has been infringed;

    • a description of where the material that you claim is infringing is located on the Sites or Referral Sites;

    • your address, telephone number, and email address;

    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

You may send your Notice of Claimed Infringement to:

Lawrence G. Walters, Esquire
781 Douglas Avenue
Altamonte Springs, FL 32714
Phone: (407) 975-9150
Fax: (407) 774-6151
Larry@LawrenceWalters.com

Please note that if you materially misrepresent that any content or activity is infringing your copyrights, you may be liable for damages (including costs and attorneys' fees).

DO NOT SEND ANY OTHER INQUIRIES TO OUR DMCA AGENT. SEND ALL OTHER INQUIRIES TO: legal@muffia.com

Non-Permitted Uses

You are forbidden from in any way:

  1. and for any reason, allowing another individual access to your user name and password to the Site(s) or attempting to circumvent our registration process;
  2. copying any of the photographs, logos, summaries, videos or other items appearing on any or all of the Sites for anything other than your own personal, non-commercial use;
  3. attempting to interfere with the Sites or the features, materials and/or services contained thereon. More specifically, you may not use any device, software, code or routine to interfere or attempt to interfere with the proper working of the Sites or any of the services or materials contained on the Sites;
  4. attempting to circumvent, trick, thwart or deceive anything we have in place to keep those who have not reached the Age of Majority from viewing the Sites; and,
  5. trying to interfere with the operation of any of the Sites or any of the features, materials or services on the Site(s) including, without limitation, by way of "DNS Attack", virus, worm, Trojan horse or other disruptive artifice.

Download Limit

We currently permit members to download videos and photographs from the Sites for our members' own personal, non-commercial use. We reserve the right to limit the amount of downloads and place a daily and/or weekly cap on the amount of data that can be downloaded from the Sites.

Emails

You hereby agree to receive emails from the Sites regarding your subscription and any offers we may have available. You agree to continue to receive advertisement emails from the Sites after you have cancelled your subscription with the Sites. All emails will be fully CAN-SPAM compliant and will include information about how to "opt out" of receiving any future emails. You may opt out of receiving commercial emails from the Sites at anytime; however, as long as you are a member of the Sites, we may continue to send you emails regarding the status of your membership and account with the Sites.

External Websites

We may have links or references to third party websites ("External Website") on the Sites. Any links or references to External Websites do not indicate that we in any way endorse or support any such External Website. You understand that any External Website will not be governed by these Terms or our Privacy Policy and that you will need to review and agree to a new set of terms and conditions and privacy policy. We do not assume any liability or responsibility for the actions, product, availability or content of these outside resources.

Terms Pertaining to Any Purchase of Goods

We may make available for purchase certain goods or items. In such event, all items/goods which may be for sale on the Sites are intended solely for those who have attained the Age of Majority. By placing an order, you certify to us that you are the Age of Majority; that purchasing the item(s) is not in violation of the laws in the jurisdiction in which you reside and where your are having the item(s) shipped; and that the item(s) is(are) for your own personal use or for the use of someone else who is the Age of Majority.

In the event that we offer goods/items for sale on the Sites, we will try to describe and summarize all items for sale as accurately as possible; however, we can not and do not warrant or represent that any item you may order will be exactly as expected. We are not responsible for any errors or inaccuracies in any item description(s).

All prices are in United States Dollars, you are responsible for any applicable exchange rates, all taxes, import fees, any levies, shipping fees and any and all other fees and costs associated with purchasing and shipping any item(s) you purchase whether or not any such fees or charges were listed at the time of purchase. We may be unable to ship and you may be unable to receive your order as a result of country, state or local laws where you reside. You must check your local laws and standards before placing any order to ensure that local law and standards permit you to receive any item you may purchase.

We reserve the right to reject any order that you may place, regardless of whether or not we have previously accepted and fulfilled orders from you. If we determine to reject your order for any reason, you will not be charged for such order or we will credit your account in the amount charged.

We reserve the right to limit order amounts and frequency for any reason or no reason. We also reserve the right to stop selling any item or all items at any time for any reason or no reason.

If you stop payment or reverse a charge on any order, we reserve the right to oppose such move by you by all means allowed by law. We also reserve the right to refuse to accept any future orders placed by you.

Indemnification


You agree to defend, indemnify, defend, and hold the Sites, their owner(s) and affiliates, successors, assigns, officers, employees, agents, directors, shareholders and attorneys, harmless from and against any and all claims and liabilities, including reasonable attorneys' and experts' fees, related to or arising from (a) any breach by you of this Agreement; (b) your use (or misuse) of the Sites, including, without limitation, any liability arising from you accessing the Sites from a community in which the Sites and the Materials may not be permitted or acceptable; (c) all conduct and activities occurring using your account; (d) any costs incurred on your behalf as a result of your failure to comply with local, state, Federal United States Law or any other applicable law; and (e) any violation of this Agreement. We reserve the right, at our own expense, to participate in the defense of any matter which would otherwise subject to indemnification from you, but shall have no obligation to do so and Program is permitted by this Agreement to later seek indemnification from you. You shall not enter into any settlement agreement that affects our rights without our prior written approval.

Disclaimers

We neither represent nor endorse the accuracy or reliability of any statement or other information displayed or distributed through the Sites. THE SITES AND ANY MATERIALS APPEARING ON THE SITES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SITES. WE DO NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF THE SITES OR THE MATERIALS CONTAINED ON THE SITES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. FURTHERMORE, WE MAKE NO REPRESENTATIONS WITH RESPECT TO ANY RESULTS WHICH MAY BE OBTAINED BY USING THE SITES. YOU AGREE THAT THE USE OF ANY OF THE SITES AND THE MATERIALS AVAILABLE THEREON IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

NEITHER WE NOR OUR AFFILIATES SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF, OR INABILITY TO USE, ANY OF THE SITES OR ANY OF THE MATERIALS ON THE SITES, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the maximum extent permissible under applicable law. YOU AGREE THAT IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF THE MOST RECENT MONTHLY SUBSCRIPTION FEE PAID BY YOU TO US.

Cancellation

You may cancel your account at any time by using our online form or by contacting our customer service department by telephone. If you do not cancel your membership at least twenty-four (24) hours prior to the expiration of your monthly subscription, your subscription will be automatically renewed for another month.

Termination

We may, in our sole discretion, terminate or suspend your access to all or any part of the Site(s), without notice, for any or no reason, including, without limitation, any breach of these Terms. We will immediately terminate your account if we at any time suspect that your account has been used by someone under the Age of Majority or if we suspect that you have allowed anyone below the Age of Majority access to any of the Materials or features of any of the Sites.

Effect of Termination or Cancellation

Immediately upon termination you will be unable to access the members' section of the Site(s). In the event of cancellation, you will be unable access the members' section of the Site(s) upon expiration of the then current term of your subscription. We reserve the right to take any and all legal actions necessary to enforce the provisions of these Terms against you including, without limitation, monetary damages, injunctions, and actions for specific performance.

Venue and Jurisdiction

You hereby agree that all disputes arising out of this Agreement shall be governed by the laws of Florida, excluding its conflict of law provisions. You and the Sites hereby agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. You and Program hereby irrevocably submit and consent to the exclusive venue of the state and/or federal courts Miami-Dade County, Florida having jurisdiction over the matter for resolution of all disputes arising out of your use of or access to the Sites and the Materials.

No Waiver


Our failure to enforce any and all remedies shall not be construed as a waiver thereof. No waiver of any of the terms or remedies contained herein shall be inferred on the part of us without our express written agreement waiving such term or remedy.

Entirety of Agreement

These Terms, the Privacy Statement and any other terms referenced herein constitute the entire agreement between you and us with respect to your access and use of the Sites (the "Agreement"). The Agreement supercedes all prior and contemporaneous agreements, in whatever form, with respect to the Sites.

Headings

Headings are used herein for ease of reference purposes and shall not be used in interpreting, construing and/or enforcing this Agreement.


Severability

The invalidity, illegality or unenforceability of any part of this Agreement or any of its terms, as determined by a court of competent jurisdiction, shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.

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