Terms Of Service

1. ACCEPTANCE OF TERMS

1.1 This FreeSex.com Terms of Service, the 18 USC §2257 Notice, the Intellectual Property Policy, the Website Disclaimer and Privacy Policy, including all future amendments and modifications thereto (collectively the "Agreement"), shall govern your participation in and/or use of the certain services, features, and content offered on the FreeSex.com ("FreeSex") website.

1.2 By using the services, visiting FreeSex, and/or checking the "I have read and agree to the Terms of Service" box at the bottom of the account sign-up form, you agree to be bound by this Agreement. You acknowledge that you have read and agree to this Agreement and all other terms referenced and/or incorporated herein. You have independently evaluated the desirability of this Agreement and are not relying on any representation, agreement, guarantee or statement other than as set forth in this Agreement. If you do not agree to be bound the terms and conditions contained herein, then do not use FreeSex.com.

1.3 You affirm that you are more than 18 years of age and/or over the age of majority in the jurisdiction you reside and from which you access the website where the age of majority is greater than eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with the terms of this Agreement. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access the website, then you are not permitted to use the website.

1.4 The terms and conditions of this Agreement are subject to change by FreeSex at any time for any reason in its sole discretion and you agree be bound by all modifications, changes and/or revisions. Your continued use and/or visitation of FreeSex affirm your acceptance of the terms of this Agreement. If you do not accept to be bound by any and all modifications, changes and/or revisions of this agreement, you many not use FreeSex.com.

1.5 You give FreeSex.com the right to disclose your identity in FreeSex.com's marketing and promotion materials, both electronic and printed.

2. DESCRIPTION OF SERVICES

2.1 The FreeSex website allows for uploading, sharing and general viewing of visual depictions of adult content, including sexually explicit images. In addition, FreeSex contains video content, information and other materials posted/uploaded by users.

2.2 The FreeSex website may also contain certain links to third party websites which are in no way owned or controlled by FreeSex. FreeSex assumes no responsibility for the content, privacy policies, practices of any and all third party websites. FreeSex cannot censor or edit the content of third party sites. You acknowledge that FreeSex will not be liable for any and all liability arising for your use of any third-party website.

2.3 FreeSex.com is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by FreeSex. Any illegal and/or unauthorized use of FreeSex.com is prohibited, including, but not limited to, 1) collecting usernames and e-mail addresses for sending unsolicited emails and 2) any framing of or linking to the FreeSex website.

3. FREESEX.COM WEBSITE ACCESS

3.1 By using FreeSex.com, you agree under penalty of perjury to make the following statements:

A. I am of legal age (and no younger than 18 years old) to view material discussed above, in accordance with the laws of the region in which I reside and/or over the age of majority in the jurisdiction in which I reside and from which I access the website, where the age of majority is greater than eighteen (18) years of age.

B. Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.

C. I believe I have the unalienable right to read and/or view any type of material I choose.

D. I am aware of the standards of my local community with respect to the materials offered on FreeSex.com; I am familiar with the materials offered by FreeSex.com; and I represent, warrant and certify that the links, information, and use of materials on FreeSex.com do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on FreeSex.com, I agree to no longer access FreeSex.com.

E. I recognize that this Site has no control over the content of websites which are listed or linked on it and that it takes no responsibility for the content of those other sites.

3.2 You understand that when using the FreeSex.com website, you will be exposed to User Submissions (defined in Paragraph 5 below) from a variety of sources, and that FreeSex is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FreeSex with respect thereto, and agree to indemnify and hold FreeSex, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the FreeSex.com website.

4. WEBSITE CONDUCT AND USAGE

4.1 You acknowledge and agree that you shall be responsible for your own user submissions and the consequences of posting, uploading, publishing transmitting or otherwise making them available on FreeSex.

4.2 You agree that you (nor others using your account) shall not post, upload, publish, transmit or make available in any way on FreeSex content which is illegal, unlawful, harassing, harmful, threatening, tortious, abusive, defamatory, obscene, libelous, invasive of one's privacy including but not limited to personal information, hateful, racial.

4.3 You also agree that you (nor others using your account) shall not post, upload, publish, transmit or make available in any way on FreeSex software containing viruses or any other computer code, files, or programs designed to destroy, interrupt, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment.

4.4 You agree that you (nor others using your account) shall not post, upload, publish, transmit or make available in any way on FreeSex, content which is intentionally or unintentionally violating any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside and elsewhere, including but not limited to any laws or regulations relating to securities, privacy, and export control.

4.5 You agree that you (nor others using your account) shall not post, upload, publish, transmit or make available in any way on FreeSex content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals.

4.6 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses FreeSex.com in a manner that sends more request messages to the FreeSex servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

4.7 You agree not to use FreeSex in any way that exposes FreeSex to criminal or civil liability.

4.8 You agree that FreeSex shall have the right to determine in its sole and unfettered discretion, what action shall be taken in the event of any discovered or reported violation of this Agreement.

5. USER SUBMISSIONS

5.1 FreeSex permits the submission of images, video and other communications ("User Submissions") and the hosting, sharing and publishing of such User Submissions. You understand that whether or not such User Submissions are published and/or uploaded, FreeSex does not guarantee any confidentiality with respect to any User Submissions, nor any associated contact information for such User Submissions.

5.2 FreeSex permits you to link to materials on FreeSex.com for personal, non-commercial purposes only. Moreover, FreeSex provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on FreeSex.com, provided that you include a prominent link back to the FreeSex website on the pages containing the Embeddable Player. In addition, you may not modify, build upon or block any portion of the Embeddable Player in any way.

5.3 FreeSex reserves the right to discontinue any aspect of the FreeSex website at any time.

5.4 You shall be solely responsible for any and all of your own User Submissions and the consequences of posting, uploading and publishing them. Furthermore, with User Submissions, you affirm, represent and/or warrant that:

  • you own or retain the necessary licenses, rights, consents, and permissions to use and authorize FreeSex to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the FreeSex.com website and this Agreement;
  • you will not post, or allow anyone else to post, any material that depicts any person under the age of 18 years and, in accordance with federal law, specifically 18 USC '2257, you have inspected and are maintaining written documentation sufficient to confirm that all subjects of your submissions are, in fact, over the age of 18 years. In the event we must provide a custodian of records for the User Submission, you agree that we may supply the requesting party the contact information (i.e. e-mail, postal address) you have provided to us in your account; and
  • you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by FreeSex.com and this Agreement. For clarity, you retain all of your ownership rights in your User Submissions. By submitting the User Submissions to FreeSex, you hereby grant FreeSex a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the FreeSex.com website and FreeSex's (and its successor's) business, including without limitation for promoting and redistributing part or all of the FreeSex.com website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the FreeSex.com website a non-exclusive license to access your User Submissions through the FreeSex.com website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the FreeSex.com website and under the terms of this Agreement. The foregoing license granted by you terminates once you remove or delete a User Submission from the FreeSex.com website.

5.5 In submitting material (image, video and/or other communication), you further agree that you shall not:

  • submit material, including any and all sound, music and/or visual material that is copyrighted, trademarked, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FreeSex all of the license rights granted herein;
  • publish falsehoods or misrepresentations that could damage FreeSex or any third party;
  • submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post advertisements or solicitations of business;
  • Impersonate another person or depict any person in a false light.

5.6 You agree that FreeSex may at its sole discretion have the right to refuse to publish, remove, or block access to any User Submission that is available via the FreeSex.com website or other FreeSex network or services at any time, for any reason, or for no reason at all, with or without notice.

5.7 FreeSex provides its website as a service to its users. However, FreeSex assumes no responsibility whatsoever for monitoring the User Submissions and content on the FreeSex.com website for inappropriate content or conduct. If at any time FreeSex chooses, in its sole discretion, to monitor the FreeSex.com website, FreeSex assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of your and/or any third party submission of any such content. FreeSex may review and delete any User Submission that, in its sole judgment, violates this Agreement or may be otherwise offensive, illegal, a violation of any rights, and/or harm or threaten the safety of any FreeSex.com user or person not associated with the FreeSex.com website (collectively "Inappropriate User Submissions"). You are solely responsible for the User Submissions that you make visible on the FreeSex.com website or to any third-party website via an embedded player provided by the FreeSex.com website or any other material or information that you transmit or share with other FreeSex users or unrelated third-parties via the FreeSex.com Website.

5.8 FreeSex does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and FreeSex expressly disclaims any and all liability in connection with User Submissions. FreeSex does not permit copyright infringing activities and infringement of intellectual property rights on the FreeSex.com website, and FreeSex will remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights.

6. TERMINATION

6.1 FreeSex abides by a ZERO TOLERANCE policy relating to any illegal content. Child pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by FreeSex. FreeSex does not condone child pornography and will cooperate with all governmental agencies that seek those who produce child pornography.

6.2 FreeSex will terminate your access to FreeSex if, under appropriate circumstances, you are determined to be an infringer.

6.3 While pornographic and adult content are accepted, FreeSex also reserves the right to decide in its sole and unfettered discretion, whether content or a User Submission is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. FreeSex may remove such User Submissions and/or terminate your access for uploading such material in violation of this Agreement at any time, for any reason or no reason, without prior notice and at its sole discretion.

7. FEES

7.1 You acknowledge that FreeSex reserves the right to charge for FreeSex services and to change its fees from time to time in its discretion. Furthermore, in the event FreeSex terminates your rights to use the website because of a breach of this Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

7.2 FreeSex is able to offer you its services through the support of various advertising initiatives. FreeSex reserves the right to make such services advertiser supported, including but not limited to placement of advertising banners, textlinks, search boxes, pop-ups, pop-unders and exit windows. All content on the FreeSex.com website, including User Submissions, may contain advertisements and other materials selected by FreeSex that are incorporated into such content (i.e. overlay on content, displayed before or after content) at FreeSex's sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You give us permission to use advertising on any of your User Submissions with any advertising revenue earned, if any, to be solely for FreeSex and you acknowledge that your are not entitled to any such revenue.

8. INTELLECTUAL PROPERTY

8.1 FreeSex and its partners, service providers, and affiliates will retain ownership of their intellectual property, which includes, but is not limited to, the text, software, scripts, graphics, music, videos, photos, sounds, interactive features and trademarks, service marks and logos on FreeSex.com. Except as expressly provided in this agreement, you are not authorized or licensed to use FreeSex.com's, nor its partners', service providers', or affiliates', intellectual property. You shall not (1) modify, adapt, translate, register, reproduce, sublicense, distribute or dispose of any of intellectual property rights; (2) alter, create derivative works of, edit, modify or revise intellectual property rights; (3) reverse engineer, decompile, reverse compile, or disassemble intellectual property rights in whole or in part; (4) rent, sell, lease, loan, electronically transfer or otherwise make available intellectual property rights to another party; (5) crawl, spider, index or in any non-transitory manner store or cache information obtained from FreeSex.com; or (6) permit any other person or entity to do any of the foregoing. You shall not use, copy, transmit, broadcast, display, create, publish, distribute, or permit any communication that makes reference to FreeSex.com or any third-party beneficiary to this Agreement in connection with this Agreement, or use any of FreeSex.com's trademarks or service marks without receiving prior written consent from a duly-authorized representative of FreeSex.com.

8.2 You agree to not engage in the use, copying, or distribution of any of the content on FreeSex.com, other than expressly permitted herein, including any use, copying, and/or distribution of User Submissions (defined in Paragraph 5 above) of third parties obtained through FreeSex.com for any commercial purposes. You may access User Submissions solely for your information and personal use. If you download or print a copy of any content on FreeSex.com for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to disable, circumvent, or otherwise interfere with security related features of the FreeSex.com website or features that prevent or restrict use or copying of any content or enforce limitations on use of the FreeSex.com website or the content therein.

9. REPRESENTATIONS AND WARRANTIES

9.1 FreeSex represents and warrants that it has full power and authority to enter into this Agreement.

9.2 You represent and warrant that all of the information provided by you to FreeSex to participate in and use the FreeSex.com website is complete, accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

9.3 You represent and warrant that: (a) there is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, with respect to the execution, delivery, or consummation of this Agreement, or with respect to your User Submission, if any, and, to the best of your knowledge, there is no basis for any such claim, action or proceeding.

9.4 You represent and warrant that any User Submission you upload to FreeSex does not and will not violate, infringe or breach any rights, including, without limitation, any copyright and/or trademark rights of any party. You are solely responsible for conducting any due diligence, searches or other inquiries, including, without limitation, any copyright and trademark searches, necessary and/or appropriate to confirm that your User Submission uploaded to FreeSex does not and will not infringe, violate or breach the rights of any party. You shall promptly notify FreeSex in writing of any: (a) products or services that you believe should not be advertised in connection with any User Submission, which notice shall include a reasonably detailed explanation of the basis of your determination, and (b) any claims pending or threatened against you or any of your affiliates in connection with any User Submission submitted by your or any of your affiliates. You shall comply with all applicable laws, rules, and regulations, if any, required in performing your obligations under the Agreement.

10. DISCLAIMER OF WARRANTIES

10.1 YOU AGREE THAT YOUR USE OF THE FREESEX WEBSITE SHALL BE AT YOUR SOLE RISK. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW, ALL SERVICES PROVIDED BY FREESEX ARE PROVIDED ON AN "AS IS" AND "AS PROVIDED" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO AVAILABILITY OF THE WEBSITE OR SERVICES, COMPLETENESS, ACCURACY OR TIMELINESS OF INFORMATION, NON-INFRINGEMENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

10.2 TO THE FULLEST EXTENT PERMITTED BY LAW, FREESEX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND SERVICES PROVIDED BY FREESEX AND YOUR USE THEREOF. FREESEX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FREESEX.COM WEBSITE,
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FREESEX.COM WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FREESEX.COM WEBSITE BY ANY THIRD PARTY, INCLUDING USER SUBMISSIONS, AND/OR
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FREESEX.COM WEBSITE. FREESEX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FREESEX.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND FREESEX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FREESEX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. LIMITATION OF LIABILITY

11.1 IN NO EVENT SHALL FREESEX, ITS PARENT COMPANY, OWNERS, OPERATORS, AFFILIATES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

  • ANY ACTION OR OMISSION IN CONNECTION WITH THIS AGREEMENT OR WITH RESPECT TO ANY OTHER SERVICES OFFERED BY FREESEX;
  • BREACH OF ANY WARRANTY;
  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FREESEX.COM WEBSITE;
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FREESEX.COM WEBSITE FOR ANY COMMUNICATIONS DIFFICULTIES, ACCESS DELAYS, AND/OR ANY INTERRUPTION AND OR DELIVERY, NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR EVENTS BEYOND REASONABLE CONTROL OF ANY OF THE SERVICES OFFERED;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE FREESEX.COM WEBSITE BY ANY THIRD PARTY AND/OR USER SUBMISSIONS; AND/OR
  • LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FREESEX.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FREESEX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.

11.2 IN NO EVENT SHALL LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).

11.3 THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FREESEX SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. INDEMNITY

12.1 You ("Indemnifying Party") agree to defend, indemnify and hold harmless FreeSex, its employees, directors, shareholders, members, officers, agents, subsidiaries, parent companies and affiliates ("Indemnified Parties") from any and all causes of action, claims, damages, expenses (including reasonable attorneys' fees), liabilities and losses related to or arising out of: a) your use of and access to the FreeSex.com website; b) your violation of any term of the Agreement; c) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; and/or d) any claim that one of your User Submissions, if any, caused damage to a third party. This includes, without limitation, claims made by third parties related to: (i) any false advertising; (ii) liability for information, materials, products or services provided under this Agreement; (iii) infringement, misappropriation, misrepresentation or violation of the rights of any third party, including, without limitation, intellectual property rights; (iv) disruption or malfunction of the FreeSex.com website; (v) a violation of any applicable law; and/or (vi) a breach of any of the foregoing representations and warranties by the Indemnifying Party. The Indemnifying Party further agrees to: (i) take all steps reasonably necessary to substitute the Indemnified Parties as the real party in interest and effectuate a dismissal of any Indemnified Parties that are named as parties in any third party claim, with the Indemnifying Party retaining the sole right and discretion to select counsel to conduct its defense; (ii) pay all reasonable attorneys' fees, costs, and expenses associated with the Indemnified Parties' defense unless and until they are substituted out, with the Indemnified Parties having the sole right and discretion to select counsel to conduct their defense; and (iii) assume full and sole responsibility and liability for any damages, costs, fees, settlements and/or judgments entered on any third party claim, with the Indemnifying Party retaining the sole right and discretion to enter into any settlement of any third party claim. The Indemnified Parties assume no responsibility or liability for any damages, expenses, fees, or costs related to the defense of any third party claim.

13. MISCELLANEOUS

13.1 Assignment. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FreeSex without restriction.

13.2 Entire Agreement. This Agreement sets forth the entire understanding and agreement of the parties and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the parties as to the subject matter of this Agreement.

13.3 Force Majeure. FreeSex shall not be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond its reasonable control.

13.4 Governing Law. This Agreement shall be governed by the laws of the State of California without giving effect to principles of conflict of laws, thereunder, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. Any action to enforce this Agreement or any matter relating to your use of the FreeSex.com website shall be brought exclusively in the Superior Court in Orange County, California, or if there is no jurisdiction in such court, then in the United States District Court for the Central District of California.

13.5 Independent Counsel. Both parties acknowledge and represent that each has procured and been advised as to all aspects of this Agreement by independent counsel of his/her own choice. Therefore, the parties agree that this Agreement shall not be construed in favor or against either party. 13.6 Notice. You agree that any notices required to be given under this Agreement by FreeSex to you will be deemed to have been given if delivered in accordance with any of the contact information you have provided (i.e. e-mail, fax, phone, postal address). Notice shall be sufficiently given to FreeSex only if in writing and transmitted by a nationally recognized courier service, or mailed by prepaid registered mail to: 2967 Michelson Dr., Irvine, CA 92612.

13.7 Severability. If any term or provision of this agreement will to any extent be invalid or unenforceable, the remainder of this agreement will not be affected thereby and each term and provision of the agreement will be valid and enforced to the fullest extent permitted by law. The ineffective provision shall be replaced by a valid one that approaches the ineffective provision as closely as possible.

 
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