Amateur Naturals Terms and Conditions THIS WEB SITE CONTAINS EXPLICIT ADULT CONTENT. YOU MUST BE OF THE AGE OF MAJORITY IN YOUR JURISDICTION TO VIEW THIS WEB SITE. BEFORE YOU BECOME A MEMBER, YOU MUST READ THE TERMS AND CONDITIONS OF THIS CONTRACT. BY BECOMING A MEMBER THROUGH ANY MEANS BELOW, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS CONTRACT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS CONTRACT, YOU MUST LEAVE NOW, AND NOT ACCESS OR VIEW THE WEB SITE (hereinafter referred to as "this Web Site"). PART OF THIS CONTRACT IS A LIMITED LICENCE, WHICH ALLOWS YOU TO DOWNLOAD AND VIEW THE CONTENT OF THIS WEB SITE BUT GIVES YOU NO OWNERSHIP RIGHTS IN SUCH CONTENT. ALL CONTENT IS SUBJECT TO COPYRIGHT THIS CONTRACT LIMITS THE LIABILITY OF DAWN'S PLACE LTD, OPERATING UNDER LICENSE AND OTHER LEGAL RIGHTS AS AMATEURNATURALS.COM (hereinafter referred to as "Amateur Naturals") AND CREATES A LEGAL RELATIONSHIP AND CONTRACT WITH YOU. 1. Your Warranty and Representations to Amateur Naturals: You warrant and represent, knowing that Amateur Naturals is relying on such warranty and representation, that you are of full legal capacity and of the full age of majority in the jurisdiction in which you reside, and that you are in any event of the full age of eighteen years of age or older. You agree to follow all the rules and regulations set by Amateur Naturals from time to time, which rules and regulations are currently as set out in this Contract and in our Privacy Statement. These rules and regulations will apply to you whether you are accessing free content or content provided only to members of the Web Site, or both. These rules and regulations apply to all use of the Amateur Naturals Web Site, including but not limited to your downloading and viewing content, your viewing streaming video or listening to streaming audio, or both. 2. Your Conduct: You agree that at all times: a) Your access to this Web Site is for your personal and non-commercial use only. You acknowledge and agree that this Web site may be used only for lawful purposes by adult individuals seeking entertainment and you agree to restrict your use to such lawful purposes. Under no circumstances will you allow or provide access to this Web Site to any person under the full age of 18 years or the age of majority in your jurisdiction, whichever is older; b) All content displayed on this Web site is subject to copyright and other intellectual property rights of Amateur Naturals or its licensors, all rights reserved, except for a grant of a limited license to you; c) All content made available to you, subject to the provisions on content subject to digital rights management ("DRM") below, including content in the free portion of this Web Site, is provided on the basis that you will be entitled to retain one copy of each image or video file for your own enjoyment and personal use on one computer, plus one copy for your personal back-up purposes, and, where content is "streaming", you will be entitled to access such streaming content for your own enjoyment and use; d) DRM Content: DRM content is subject to technological measures intended to protect the intellectual property rights of Amateur Naturals or its licensors while allowing you to exercise your rights under the limited license granted to you by this Contract and. DRM content will not be able to be copied from one computer to another other than the one to which such content was first downloaded. DRM content will be subject to expiry of the grant of license to download, save and view following a fixed term, but may be renewed to continue to function with the renewal of your membership. Further specific terms and conditions may be supplied at the time of download, but otherwise these terms and conditions shall apply. You must have and maintain a valid membership to continue to have enjoy access to and the ability to view and hear DRM. If your membership expires or is terminated, DRM measures will make the content no longer accessible, viewable or audible. e) You will not do anything, or omit to do anything, which infringes the intellectual property rights of Amateur Naturals, its licensors, or any other party, such rights including but not limited to copyright, trademark, trade name, patent or trade secrets; f) You will not copy, publish, distribute or disseminate any of the content contained on this Web Site to any third party under any circumstances, including but not limited to postings on UseNet, News Servers, Bulletin Boards, IRC, web sites, "Clubs", Chat, or by similar or analogous means, as well as by peer to peer or similar file sharing technologies, whether via a central server or otherwise. Such distribution shall constitute illegal and possibly criminal activity under the laws of most countries; g) You will not divulge your user name, password or other account information to anyone and you agree that, in the event Amateur Naturals discovers that you are doing or have done so, your account may be terminated without notice or refund. You agree that Amateur Naturals may track, record and archive your IP address, ISP and other information in order to prevent sharing and distribution of access information to this Web Site and proprietary content owned by or licensed to Amateur Naturals; h) You agree, warrant and represent that all personal information given by you to Amateur Naturals pursuant to providing credit card information and other personal information to be received pursuant to our Privacy Statement will be true, complete and accurate; i) You will not breach the laws or regulations of the United States, Canada, or the country in which you reside or may be temporarily present, or of any other country reasonably connected with your use of this Web site; and, j) You will not do anything, or omit to do anything, which would in any manner constitute a threat to the security or proper operation of this Web site and the business of Amateur Naturals. 3. Termination: You and Amateur Naturals may terminate this Contract at any time upon one month's notice. 4. Termination for Cause: You agree that Amateur Naturals, in its absolute discretion, will be the sole judge of whether you have breached any provision of this Contract and that any privileges granted to you under this Contract may be revoked by Amateur Naturals at any time without notice in their sole discretion. Upon such revocation, you acknowledge and agree that any membership you may have purchased shall be terminated, and DRM measures will disable and terminate the ability to access, view and print content, but nothing contained herein shall entitle you to a refund of any monies paid as of such termination, and you agree that Amateur Naturals shall be entitled to retain such monies paid as partial compensation of damages sustained as a result of your breach of this Contract, whether or not such damages are provable or proven. 5. Waiver: You acknowledge that the Internet and web sites accessed by you are inherently dangerous and subject to computer, system and network failure as well as malicious human activity. While Amateur Naturals will take such steps as are reasonable in the circumstances to maintain the security of this Web Site and your privacy with respect to information you provide, you agree that you use this Web Site completely at your own risk and that in no event shall Amateur Naturals be held liable for any loss or damages, however caused, except as expressly provided in this Contract, even if the same is caused by the negligence of Amateur Naturals. 6. Disclaimer: Amateur Naturals DOES NOT WARRANT THAT THIS WEB SITE, OR CONTENT SUPPLIED, OR DRM MEASURES, WILL OPERATE ERROR-FREE OR THAT IT AND ITS SERVER OR SERVERS ARE OR WILL BE FREE OF COMPUTER VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CONTENT, DEVICES OR PROGRAMS. THIS WEB SITE AND ITS CONTENT AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY THE LAW, Amateur Naturals DISCLAIMS ANY AND ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. Amateur Naturals MAKES NO WARRANTY OR REPRESENTATION OF NON-INFRINGEMENT. Amateur Naturals FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ALL CONTENT ACCESSED BY THE WEB SITE. 7. Limitation of Damages: YOU FURTHER AGREE THAT ANY AND ALL DAMAGES RESULTING FROM THE USE OF THIS WEB SITE, WHETHER IN TORT, CONTRACT OR ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, GENERAL, SPECIAL, ECONOMIC, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND WHETHER OR NOT FOR LOSS OF DATA, INFORMATION OR PROGRAMS, OR DAMAGE TO COMPUTERS OR NETWORKS, OR FROM BREACH OF PRIVACY AND SIMILAR PERSONAL RIGHTS, OR FROM INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER OR NOT Amateur Naturals SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL IN ALL CASES BE LIMITED TO A REFUND OF THE COST OF ONE MONTH'S MEMBERSHIP IN THE WEB SITE. 8. Injunctive and Similar Relief: You agree that any breach by you of this Contract will not be fully compensable in damages and you therefore agree that Amateur Naturals shall be entitled to immediate equitable, injunctive and other similar relief against you. This provision will survive any termination of this Contract, however caused, and continue in full force and effect. 9. Your Warranty of Accuracy and Waiver of Privacy: You agree that, by registering with this Web Site, you will be providing Amateur Naturals with certain information which you acknowledge and agree that Amateur Naturals may disclose to third parties, but only on an anonymous basis. All information provided which discloses your identity, address or contact information shall be governed by the Privacy Statement set out on this Web Site by Amateur Naturals. You warrant and represent to Amateur Naturals that all such information is accurate, timely, complete and correct. 10. Indemnity: You agree to indemnify and save harmless Amateur Naturals for any damages sustained should you breach any provision of this Contract, including but not limited to your warranties and representations and breach of the copyrights and other intellectual property rights of Amateur Naturals. 11. Adult Content: You acknowledge that you have been warned that this Web Site contains content material of an adult and explicitly sexual nature. You freely accept all responsibility for your own actions in accessing such content and material. In the event that such content or material is found by you to be offensive, you agree to immediately cease accessing this Web Site and request termination of your membership, if you have become a member. Amateur Naturals has no obligation to censor, screen or review any such content or material, even following a complaint by you. You acknowledge that you view any and all content at your own risk and that in no event shall Amateur Naturals be liable for the result of your doing so. 12. Grant of Limited License: Amateur Naturals grants to you a non-exclusive, limited and revocable license to download and view the content of this Web Site on your computer for your own personal and non-commercial use. Subject to DRM measures, you are granted a sufficient limited non-exclusive and revocable license in the content such that you may save and retain one copy of content, plus a back-up copy for personal use, and you may print copies for personal use only, and not for distribution outside your home or place of residence. Content includes images, text, logos, graphics, information, software, computer code and applications, animations, video and any and all types of multimedia. You do not own the content. In no case will you publish, distribute, disseminate or copy the content other than for your own personal use. Upon termination of this Contract, any and all content subject to DRM measures will cease to be accessible, viewable or audible. Content not subject to DRM measures will continue to be accessible, viewable and printable, but will in all cases remain subject to this limited license following termination of this Contract. All provisions of this Contract with respect to this grant of license and reservation of rights will survive the termination of this agreement, howsoever caused. 13. Retention of Rights: Subject to the limited license granted to you by this Contract, all right, title and interest, including but not limited to Copyright and Trade mark, in and to this Web site and all content accessed or presented by it, shall remain with and be the exclusive property of Amateur Naturals, or its licensors. You agree to abide by the copyright law and all other applicable laws of the United States, Canada, and other countries which are signatories to international treaties and conventions protecting content and software. 14. Non-Assignment by You: You may not assign this License and Contract. It is and shall remain personal to you. 15. Termination: Amateur Naturals may terminate this License at any time upon notice to you and may act unreasonably in so doing, in its absolute discretion. You may terminate this License only by advising Amateur Naturals that you wish your account rendered inactive. 16. Agreement as to Renewal of Membership: By becoming a member and supplying Amateur Naturals with your credit card number and other information, you warrant and represent that you wish to become a member on a continuous and permanent basis until you advise Amateur Naturals otherwise. As a convenience to you, you request that Amateur Naturals not contact you every month to renew your membership. You expressly request and direct Amateur Naturals to renew your membership monthly with your credit card in order to allow you continuous and uninterrupted membership and access to the entire Amateur Naturals Web Site. In the event that you do not wish your membership renewed, you will provide notice of such intent, with such notice to be a minimum of thirty (30) days as provided herein. 17. Entire Agreement: This document sets forth the entire agreement, contract and understanding between you and Amateur Naturals and merges all prior representations made or documentation provided, including anything contained in or on this Web Site, and Amateur Naturals shall not be bound by any conditions, definitions, warranties, understandings or representations with respect this Contract other than as expressly provided herein. 18. Other Sites: You agree that Amateur Naturals has no control over the content or performance of any web site linked to or from this Web site, that Amateur Naturals expresses no opinion concerning the content or performance of any such web site, and that Amateur Naturals shall in no event be held liable or responsible for the content of any such web site. 19. Governing Law: This Contract and License shall in all respects be governed by the laws of the Province of Alberta, Canada and the laws of Canada in effect in the said Province at the time. You agree that any and all disputes will be adjudicated only by the courts of Alberta. You expressly submit to and attorn to the jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever. Nothing contained in this section shall prevent Amateur Naturals, or its licensors, from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for breach of this Contract. 20. Severance and Enurement: Should any portion or portions of this Contract be held by a Court of competent jurisdiction to be unenforceable, then such portion or portions shall be severed from this Contract, and the remaining portions of the Contract shall be enforced. This Contract shall enure to the benefit of the heirs, executors, administrators and assigns of you and Amateur Naturals.