TheVoyeurForum.com
Terms-of-Use Agreement

Last Updated: April 22, 2016

Whale Traffic, LLC, a Wisconsin limited liability company (the “Company”), welcomes you to www.TheVoyeurForum.com (the “Website”), an adult entertainment website. It is important to the Company that you and other visitors have the best possible experience while using the Website, and that, when you use the Website, you understand your legal rights and obligations. Please read this terms-of-use agreement, which govern your use of the Website, including any content, functionality, and services offered on or through the Website. Your access to the Website is on the condition that you agree to this agreement. Please pay special attention to the following: (1) disclaimer of warranties (section 17); (2) limit on liability and exclusion of damages (sections 18 and 19); (3) place for resolving disputes (section 22.2); (4) mandatory mediation and arbitration (sections 23.3 and 23.4); (5) class action waiver (section 23.8); and (6) limitation on time to file disputes (section 23.9). By accessing the Website, including registering for a free account or purchasing a premium membership, you agree to this agreement and the privacy policy. If you do not want to agree to this agreement or the privacy policy, you must not access the Website.

Section 230(d) Notice: In accordance with 47 U.S.C. § 230(d), you are notified that parental control protections (including computer hardware, software, or filtering services) are commercially available that may help in limiting access to material that is harmful to minors. You may find information about providers of these protections on the Internet by searching “parental control protection” or similar terms.

Minors prohibited. The Website contains adult oriented content and is not intended for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. The Company forbids all persons who do not meet these age requirements from accessing the Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products, which the Company provides for informational purposes only and does not endorse: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.

Child Pornography prohibited. The Company prohibits pornographic content involving minors. The Company only allows visual media of consenting adults for consenting adults on the Website. If you see any visual media, real or simulated, depicting minors engaged in sexual activity within the Website, please report this to the Company promptly at privacy@thevoyeurforum.com. Please include with your report all appropriate evidence, including the date and time of identification. The Company will promptly investigate all reports and take appropriate action. The Company fully cooperates with any law-enforcement agency investigating child pornography.

1. Introduction

1.1 The Website provides access to pornographic content that may contain graphic depictions, nudity, adult language, and descriptions of explicit sexual activity, including heterosexual, bisexual, homosexual, and transsexual situations of a sexual nature unsuitable for minors. The Website allows users to upload, share, and view user generated pornographic content, including sexually explicit images and videos. You may view some of the content on the Website without registering, but you must register for a free account to receive unlimited access to the picture areas and to post content. You must purchase a premium membership to receive access to the movie areas.

Your premium membership will automatically renew under this agreement unless you selected a premium membership that does not automatically renew. Your premium membership will continue for the length of the initial term you select and at the end of your prepaid premium membership, it will automatically renew for additional prepaid periods of the same length unless you choose to cancel before that renewal or you selected a premium membership that does not automatically renew. In order to cancel your membership, you must contact the payment processor that you signed up through (e.g., CCBill, etc.). Your payment method will automatically be charged at the rates in effect at the time of renewal.

1.2 This agreement applies to all users of the Website, whether you are a “visitor” or a “registered user.” By registering for a free account, purchasing a premium membership, or by accessing any part of the Website, you agree to this agreement and the privacy policy. If you do not want to agree to this agreement or the privacy policy, you must leave the Website. If you breach any part of this agreement, the Company may revoke your license to access the Website, block your access, and cancel your membership.

1.3 The Company is not liable for anything that you post or say while you are on the Website. The Company does not monitor the content of the Website, but if the Company does see, or someone tells the Company that you have posted, something that the Company finds inappropriate, the Company will remove it. If you post content that belongs to someone else and they get annoyed (or even call in their lawyers), the Company is not in the firing line. You have to take responsibility for what you post.

1.4 The Company may change this agreement on one or more occasions by updating this page. The top of this page will tell you when the Company last updated this agreement. Changes will take effect on the “last updated” date stated on the top of this page. Changes will not operate retroactively. The Company will try to notify you when it changes this agreement if it can do so in a reasonable manner. But you should frequently check this page to make sure that you are operating under the most current version of this agreement. The Company will consider your continued use of the Website after it posts the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Website.

1.5 If you have any questions about this agreement or any questions or comments about the Website, please email the Company at privacy@thevoyeurforum.com.

2. Eligibility Requirements

2.1 The Website contains uncensored sexually explicit material unsuitable for minors. Only adults (1) who are at least 18-years old and (2) who have reached the age of majority where they live may access the Website. If you do not meet these age requirements, you must not access the Website and must leave now.

2.2 By accessing the Website, you state that the following facts are accurate:

3. Intellectual Property Rights

3.1 Ownership of Website
The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of the material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 Trademarks
The Website name, domain name, and logo are the trademarks of the Company, and must not be copied, imitated, or used, in whole or in part, without the Company’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are the Company’s service marks, trademarks, and trade dress, and must not be copied, imitated, or use, in whole or in part, without the Company’s advance written permission.

3.3 License Grant
The Company hereby grants you a nonexclusive, nonsublicensable, nontransferable license to access the Website and its content for your personal and noncommercial use in accordance with this agreement. “Access” means visit the Website, use its services, and view or download its content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on the Website.

3.4 License Restrictions

4. Your Account

4.1 Account Creation
To fully access the non-premium part of the Website, you have to register. Registration is free and for a single user only. To register, you must complete the registration process by providing the Company with accurate information as prompted by the registration form. You also will choose a password and a username.

4.2 Responsibility for Account
You are responsible for maintaining the confidentiality of your password and account. Further, you are responsible for all activities that occur under your account. You will promptly notify the Company of any unauthorized use of your account or any other breach of security.

4.3 Liability for Account Misuse
The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.

4.4 Use of Other Accounts
You will not use anyone else’s account at any time.

4.5 Account Security
The Company cares about the integrity and security of your personal information. But the Company cannot guarantee that unauthorized third parties will never be able to defeat the Website’s security measures or use any personal information you provide to the Company for improper purposes. You acknowledge that you provide your personal information at your own risk.

5. Premium Membership

5.1 Payment
To fully access the Website, including the movie areas, you must purchase a premium membership. You must pay in advance by credit card or debit card. You must make all payments in U.S. dollars. The premium membership fee excludes any taxes or currency transmission charges, which are extra costs charged to you. The Company may receive updated credit card information from your credit card issuer.

5.2 Recurring Billing (does not apply if you selected one-time charge)

By starting your premium membership and providing or designating a payment method, you authorize the Company to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Website. Your premium membership will continue for the length of the initial term you select and at the end of your prepaid initial term, it will automatically renew for additional prepaid periods of the same length unless you chose to cancel before that renewal, or your premium membership is cancelled, terminated, or discontinued by you or by the Company. Your account will automatically be charged at the rates in effect at the time of renewal. The Company may, at its option, process your renewal monthly instead of your chosen membership term.

5.3 Price Changes
The Company may adjust pricing for its service or any components of it in any way and at any time as it may determine in its sole discretion. Except as otherwise provided in this agreement, any price changes will take effect following email notice to you.

5.4 Billing Cycle (does not apply if you selected one-time charge)
The membership fee will be billed at the beginning of the initial term of your premium membership and each month afterwards until you cancel your premium membership (unless you selected one-time charge when you purchased your premium membership). The Company automatically bills your payment method each month on the calendar day corresponding to the start of your paying membership. Membership fees are fully earned on payment.

5.5 Billing Disputes
If you believe that the Company has charged you in error, you must notify the Company in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this 30-day deadline, you waive any disputed charges. You must submit any billing disputes in writing to privacy@thevoyeurforum.com and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and add or credit them against your future payments.

5.6 Chargebacks
You are liable to the Company for any credit card chargebacks or related fees that the Company incurs on your account. If you fail to pay the Company for any credit card chargeback or related fees no later than 30 days after its initial demand for payment, you will pay the Company $100 in additional liquidated damages, plus any costs the Company incurs for each chargeback or related fee.

5.7 Refunds

The Company considers all purchases final when made, except that the Company may approve a refund in the form of a credit on request if exceptional circumstances exist. If you believe exceptional circumstances exist, please email the Company at privacy@thevoyeurforum.com and explain the exceptional circumstances that you believe merits a refund. The Company is not making any promise that it will give you a refund. If the Company gives you a refund, the Company will issue the refund in the form of a credit to the credit card you used for your purchase; the Company will not make refunds in the form of cash, check, or free services.

5.8 Cancellation

You may cancel your premium membership at any time, and you will continue to have access to the Website through the end of your billing cycle. The Company does not provide refunds or credits for any partial-month membership periods. To cancel, please contact the payment process that you signed up through.

6. User Conduct

6.1 You are solely responsible for all acts and omissions that occur because of your use of the Website. As a condition of your access of the Website and your continued access of the Website, you must:

6.2 The Company may change, limit, or cancel your access if you fail to comply with this section 6. Unauthorized use of the Website or the content may also violate various laws, including copyright and trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Company will take appropriate action against you for any unauthorized use of the Website or the content, including civil, criminal, injunctive relief, and termination of your access or registration.

7. User Generated Content

7.1 In General
The Website allows you to submit comments, pictures, videos, and other content to the Website. Except for personally identifiable information covered under the privacy policy, the Company will consider any content submitted to the Website nonconfidential and nonproprietary. You acknowledge that you are responsible for any user contributions you submit or contribute, and you, not the Company, have full responsibility for this content, including its legality, reliability, accuracy, and appropriateness.

7.2 Content Ownership
You keep all ownership rights to content uploaded to the Website. You acknowledge that the Company has no control over what other users may do with copies of your content if you remove your submissions from the Website.

7.3 Content License
By submitting content to the Website, you hereby grant the Company, its affiliates, and service providers, and each of their and the Company’s respective licensees, a worldwide, nonexclusive, sublicensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website and the Company’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the Website (and derivative works of it) in any media formats and through any media channels. The Company may freely use and otherwise exploit this content for any purpose without any obligation to pay you.

7.4 Moral Rights
You hereby waive all moral rights in your submissions that may be available to you in any part of the world and you state that no moral rights have been asserted.

7.5 Statements of Fact
For each submission you make to the Website, you state that the following facts are accurate:

7.6 Content Standards
These content standards apply to all user contributions. User contributions must in their entirety comply with federal, state, local, and international laws and regulations. User contributions must not:

7.7 Forum Rules
You must not do any of the following while posting in forums or while otherwise communicating to others on or through the Website:

8. Monitoring and Enforcement

8.1 The Company may do any of the following:

8.2 The Company will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any content on or through the Website. You hereby waive any claims you might have against the Company—including its affiliates, licensees, and service providers—resulting from any action taken by the Company during or because of the Company’s investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

8.3 The Company cannot and does not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. The Company will not be liable for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company will not be liable to anyone for performance or nonperformance of the activities described in this section 8. But if you know of any content posted that violates these terms, please contact the Company at privacy@thevoyeurforum.com. Please provide as much detail as possible, including a copy of the objectionable content or the location where the Company may find it, the reason the Company should remove it, and a statement certifying the accuracy of the information you provided to the Company.

9. Links

The Website may contain links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for: (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

10. Third-Party Content

Through the Website, you will have the ability to access or use content provided by third parties. The Company cannot guarantee that third-party content will be free of material you may find objectionable or otherwise. The Company will not be liable to you for your access or use of any third-party content.

11. Privacy

11.1 For information about how the Company collects, uses, and shares your information, please review the privacy policy. You acknowledge that by using the Website you consent to the collection, use, and sharing (as set out in the privacy policy) of this information, including the transfer of this information to the United States or other countries for storage, processing, and use by the Company.

11.2 By accessing the Website, you acknowledge that Internet transmissions are never completely private or secure. You also acknowledge that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission is encrypted.

11.3 The Company may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.

12. Copyright Policy

12.1 The Company respects the intellectual property rights of others and expect users of the Website to do the same. The Company will respond to notices of alleged copyright infringement that comply with law and are properly provided to the Company. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent with the following information in accordance with the Digital Millennium Copyright Act (DMCA):

12.2 It is the Company’s policy to terminate the user accounts of repeat infringers.

13. Termination

13.1 Termination on Notice
Either party may terminate this agreement at any time by notifying the other party.

13.2 Termination by the Company
The Company may suspend, disable, or cancel your access to the Website (or any part of it) if it determines that you have breached this agreement or that your conduct would tend to damage the Company’s reputation and goodwill. If the Company terminates your access for any of these reasons, you must not access the Website. The Company may block your email address and IP address to prevent further access.

13.3 Effect of Termination
On termination, your right to access the Website and all licenses granted by the Company terminates.

13.4 Survival of Provisions
This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, disclaimers, and limitations of liability. Termination of your access to the Website will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to the Company or any third party.

14. Reliance on Information Posted

14.1 The Company makes the information presented on or through the Website available for general information purposes only. The Company is not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. The Company will not be liable for any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

14.2 The Website includes content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators. All statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of the Company. The Company will not be liable to you or any other person for the content or accuracy of any materials provided by any third parties.

15. Changes to the Website; Availability

15.1 Although the Company may update the content on the Website on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is not required to update that material. If you believe you have found errors or omissions on the Website, you can bring them to the Company’s attention by contacting it at privacy@thevoyeurforum.com.

15.2 While the Company will try to make sure that the Website is always available, it does not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of the Company’s control may interfere with or adversely affect its operation of the Website.

16. Compliance with Law

The Company is located in the state of Wisconsin in the United States. The Company is not making any statement that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website might not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for complying with all local laws.

17. Disclaimers

17.1 You acknowledge that the Company cannot and does not state that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Website for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

17.2 Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Company provides the Website, its content, and any services or items obtained through the Website “as is,” “with all faults,” and “as available,” without making any warranties, either express or implied. The Company is not making any warranty about the completeness, security, reliability, quality, accuracy, or availability of the Website. The Company is not making any warranties (1) that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Website or the server that makes it available are free of viruses or other harmful components; or (4) that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

17.3 The Company is not making any warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, title, noninfringement, privacy, and fitness for particular purpose.

18. Limit on Liability; Release

18.1 The Company will not be liable to you for any of the following:

18.2 You hereby release the Company from all liability arising out of user submissions or the conduct of other users or nonparties, including disputes between you and one or more other users or third parties.

19. Exclusion of Damages; Exclusive Remedy

19.1 Unless caused by the Company’s gross negligence or its intentional misconduct, the Company will not be liable to you for any direct, indirect, special (including so-called consequential damages), punitive, or exemplary damages—regardless of theory of liability—arising out of your access or your inability to access the Website or the content.

19.2 The Company also will not be liable to you—regardless of theory of liability—for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Website or the content. This exclusion applies even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.

19.3 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. The Company’s maximum liability to you for any claim will not exceed $100.

20. Scope of Disclaimers, Exclusions, and Limits

The disclaimers, exclusions, and limits stated in sections 17, 18, and 19 apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits may not apply to you.

21. Loss Payment (aka Indemnification)

21.1 In General

You will pay the Company for any loss of ours that is caused by any of the following: But you are not required to pay if the loss was caused by the Company’s intentional misconduct.

21.2 Definitions

21.3 The Company’s Duty to Notify You
If the Company has your contact information, the Company will notify you before the 30th day after the Company knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Company’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to mitigate losses.

21.4 Legal Defense of a Claim
The Company has control over defending a claim for a loss (including settling it), unless the Company directs you to control the defense. If the Company directs you to control the defense, you will not settle any litigation without the Company’s written consent if the settlement (1) imposes a penalty or limitation on the Company, (2) admits the Company’s fault, or (3) does not fully release the Company from liability. You and the Company will cooperate with each other in good faith on a claim.

21.5 No Exclusivity
The Company’s rights under this section do not affect other rights it might have.

22. Governing Law; Place for Resolving Disputes

22.1 The laws of the state of Wisconsin—without giving effect to any conflicts of law principles—govern all matters arising out of or relating to the Website or this agreement. The predominant purpose of this agreement is providing services and licensing access to intellectual property and not a “sale of goods.”

22.2 Except for disputes subject to arbitration, all disputes arising out of or relating to the Website or this agreement will be subject to the exclusive jurisdiction and venue of the United States District Court for the Eastern District of Wisconsin or any state court in Washington County, Wisconsin, U.S.A. Each party hereby submits to the personal jurisdiction of the United States District Court for the Eastern District of Wisconsin and state courts in Washington County, Wisconsin, U.S.A. to resolve all disputes not subject to arbitration. Each party hereby waives any right to seek another forum or venue because of improper or inconvenient forum.

22.3 For purposes of this section, the Website will be deemed solely based in the state of Wisconsin and will be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in any other jurisdiction.

23. Dispute Resolution

23.1 Litigation Election Either party may elect to litigate the following type of case or controversy:

23.2 Negotiation
Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under this agreement. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to the Website or this agreement.

23.3 Mediation

23.4 Arbitration

23.5 Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full payment if the other party breaches these terms, and that an aggrieved party may seek injunctive relief if a breach happens, besides seeking all other remedies available at law or in equity.

23.6 Recovery of Expenses

23.7 Jury Trial Waiver

Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Website or this agreement. Either party may enforce this waiver up to and including the first day of trial.

23.8 Class Action Waiver

The parties will conduct any proceedings to resolve a dispute in any forum on an individual basis only. Neither you nor the Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.

23.9 Limitation on Time to Bring Claims

A party will not file a claim arising out of or relating to the Website or this agreement more than one year after the cause of action arose. Any claim brought after one year is barred.

24. General

24.1 Entire Agreement
This agreement constitutes the entire agreement between you and the Company about your access to the Website. It supersedes all earlier or contemporaneous agreements between you and the Company about access to the Website. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.

24.2 Copy of this Agreement
You may—and the Company recommends that you—print this agreement on your printer or save them to your computer. If you have trouble printing a copy, please contact the Company at privacy@thevoyeurforum.com and the Company will email you a copy.

24.3 Changes
The Company may change this agreement on one or more occasions. The Company will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes this agreement, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use the Website after the Company posts changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact the Company at privacy@thevoyeurforum.com.

24.4 Assignment and Delegation
The Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this provision is void.

24.5 No Waivers
The parties may waive any provision in this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.

24.6 Severability
The parties intend as follows:

24.7 Notices

24.8 Rights and Remedies Cumulative
Any enumeration of a party’s rights and remedies in this agreement is not intended to be exhaustive. A party’s exercise of any right or remedy under this agreement does not preclude the exercise of any other right or remedy. All of the parties’ rights and remedies are cumulative and are in addition to any other right or remedy set out in this agreement, any other agreement between the parties, or which may now or later exist at law or in equity, by statute or otherwise.

24.9 Force Majeure
The Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including:

24.10 No Third-Party Beneficiaries
This agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.

24.11 Relationship of the Parties
This agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a nonparty.

24.12 Successors and Assigns
This agreement inures to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement.

24.13 Permission to Send Emails to You
You grant the Company permission to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications containing adult oriented material unsuitable for minors. Your permission will continue until you ask the Company to remove you from its email list. For more information, please see the privacy policy.

24.14 Electronic Communications Not Private
The Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless of whether they are intended recipients.

24.15 Electronic Signatures
Any affirmation, assent, or agreement you send through the Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

24.16 Consumer Rights Information—California Residents Only
This provision applies only to California residents. In compliance with section 1789 of the California Civil Code, please note the following:

Users who want to gain access to the members-only area of the Website must be a member in good standing. The Company posts the current membership fees for the Website on the sign up page. The Company may change the membership fees on one or more occasions. You may contact the Company at privacy@thevoyeurforum.com to resolve any billing disputes or to receive further information about the Website.

24.17 Complaints—California Residents
You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.

24.18 Feedback
The Company encourage you to provide feedback about the Website. But the Company will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

24.19 English language
The Company drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.

24.20 Your Comments and Concerns
The Website is operated by . You should direct all feedback, comments, requests for technical support, and other communications relating to the Website to privacy@thevoyeurforum.com.

24.21 Usages
In this agreement, the following usages apply: