Penthouse Terms of Use Agreement

Welcome to Penthouse, a service of Streamray, Inc., a Nevada corporation, (hereinafter referred to as "Streamray, Inc.", "Streamray", "Penthouse", "site", "our", "we", or "us"). You must read and agree to these terms and conditions before you may access or view our sites. Please read them carefully. By visiting Penthouse, you are agreeing to its terms. This Agreement is subject to change at any time and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement. For purposes of the Terms of Use, Streamray includes its shareholders, directors, officers, employees, agents, affiliates, subsidiaries and any affiliated companies.

Welcome to Penthouse, a service of Streamray, Inc., a Nevada corporation, (hereinafter referred to as "Streamray, Inc.", "Streamray", "Penthouse", "site", "our", "we", or "us"). You must read and agree to these terms and conditions before you may access or view our sites. Please read them carefully. By visiting Penthouse, you are agreeing to its terms. This Agreement is subject to change at any time and changes are effective upon posting. Bookmark this page and check it frequently as it is up to you to refer to this page for any amendments/changes to the original Agreement. For purposes of the Terms of Use, Streamray includes its shareholders, directors, officers, employees, agents, affiliates, subsidiaries and any affiliated companies.

1. Eligibility:
You must be eighteen or over to register as a member of or use this site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement and that you are at least 18 years old (or 21 years old in any location where 18 is not the age of majority) and you are interested in and wish to have access to visual images, verbal and written descriptions, and audio sounds of a sexually-oriented and frankly erotic nature. The materials that are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18 years old (or 21 years old where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials. Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors.

If you are interested in learning more about these protections, information is available at www.cybersitter.com, www.netnanny.com or other analogous sites providing information on such protections. (The preceding link is provided for information purposes only and is not intended as an endorsement of these entities, their services, or policies. Various, Inc. is not affiliated with them.)

By using and/or viewing this site you represent and warrant under penalty of perjury the following:
A) That you are an adult, at least 18 years of age (or 21 years where 18 is not the age of majority).
B) That you will not permit any person(s) under 18 years of age (or 21 years where 18 is not the age of majority) to have access to any of the materials contained within this Site.
C) That you understand that when you gain access to this site, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual activity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually-oriented materials and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
D) That you further represent and warrant that you have not notified any governmental agency, including the U.S. postal service, that you do not wish to receive sexually oriented material.
E) That you represent and warrant that you have not and will not use and/or view the Site(s) in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

2. Fees/Termination:
Streamray's usage and/or subscription fees were provided to you upon registration and may change from time to time upon electronic notice to you. Streamray reserves the right to terminate your access to the site for any reason or no reason. Streamray may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us. If Streamray terminates your membership in the Streamray service because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect including, but not limited to, the preamble, and paragraphs 2, 4, 5, 6, 8, 10, 12 and 14, inclusive, of this Agreement.

To use or get access to some parts of the Site you need a sufficient balance of funds in your account. We do not guarantee that you will be able to access or use all parts of the Site or the content with your funds, and you agree Site shall have no liability to you whatsoever for any such inaccessibility or for fluctuations in the amounts of funds necessary for access to parts of the Site or content. If you have not logged-in to your account in previous 180 days, then we reserve the right, in our sole discretion without notice to you, without waiver by us, and without any liability to you, to charge you in the following month(s) an account maintenance fee of $5 per month or, if less than $5 remains in your account, the remaining funds. The account maintenance fee will only be deducted from the funds remaining in your account. (Neither your credit card(s) on file with us will be charged, nor will you incur a negative balance.)

Any award of "Pre-recorded Shows� for any reason, including as a promotion to induce you to deposit funds in to your account旧 balance, and has no monetary value. Any unused award for Pre-recorded Shows will expire if you have not logged-in to your account in the previous 180 days or if your membership is terminated. These awards may not be converted for other services on the Website or cash and may not be transferred to third-parties.

3. Non-Commercial Use by Members/Viewers:
Streamray is for the personal use of individual members and viewers only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members of Streamray and should not use Streamray for any purpose. Illegal and/or unauthorized uses of the site, including unauthorized framing of or linking to the site or the sending of unsolicited bulk commercial e-mail will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In order to prevent the sending of unsolicited email to its members, Streamray may take reasonable steps, including the limiting of the numbers of emails sent by a member.

4. Proprietary Rights of Content on Streamray:
Streamray owns and retains other proprietary rights on Penthouse. The Site contains the copyrighted material, trademarks, and other proprietary information of Streamray and its licensors. Except for that information that is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on Streamray/CDA:
A) Streamray claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Streamray may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment Streamray violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Streamray, its employees, independent contractors, performers and/or its members.
B) You are solely responsible for the content that you publish or display (hereinafter, "post") on Streamray or transmit to other Streamray members.
C) By posting content to any public area of Streamray, you automatically grant, and represent and warrant that you have the right to grant, to Streamray, INC. and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity and Content and to prepare derivative works of, or incorporate into other works and other media, such information and Content, and to grant and authorize sublicenses of the foregoing. As a visitor to Streamray, if you provide us with your e-mail address via a registration process or post it on Streamray, you thereby authorize Streamray and its affiliates and any entities that Streamray, INC. becomes involved with or merges with, the right to use and/or sell your valid email address for any marketing programs or communications with you.
D) Streamray, Inc. will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators. The following is a partial list of the kind of content that is illegal or prohibited on the site - it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material that is commerical in nature; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
E) You must use the Streamray service in a manner consistent with any and all applicable laws and regulations.
F) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of Streamray. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to Streamray by our users or third parties.
G) You may not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the service. You will not transmit any chain letters or junk email to other Streamray members. Although Streamray cannot monitor the conduct of its members off the Streamray site, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent.

6. Copyright Policy/DMCA Notice:
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Streamray service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our site including the URLs of web pages and/or hyperlinks; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Streamray's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

DMCA AGENT
Streamray Inc.
DMCA@streamray.com
220 Humboldt Court
Sunnyvale, CA 94089

It is the intention of Streamray to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.

7. Member Disputes:
Streamray does not control the information provided by other users that are made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our site. You are solely responsible for your interactions with other Streamray members. Because it is not involved in member interactions, in the event that you have a dispute with one or more members or those who have posted, viewed, or used information on a Streamray site, you release Streamray, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code � 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Streamray reserves the right, but has no obligation, to monitor disputes between you and other members.

8. Privacy:
Use of the Streamray site and/or its service is governed by our Privacy Policy which may change from time to time upon electronic notice to you.

9. Disclaimers:
Streamray, including its shareholders, officers, directors, agents employees, subsidiaries and affiliated company, is not responsible for any incorrect or inaccurate Content posted on the site or in connection with the Streamray service, whether caused by users, members or by any of the equipment or programming associated with or utilized in the service, nor for the conduct of any user and/or member of the Streamray service whether online or offline. Streamray assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications. Streamray is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Streamray site and/or in connection with the Streamray service. Under no circumstances will Streamray be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any Content posted on the Streamray site or transmitted to Streamray members. The Site and the service are provided "AS-IS" and Streamray expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Streamray cannot guarantee and does not promise any specific results from use of the site and/or the Streamray service.

10. Limitation on Liability:
Except in jurisdictions where such provisions are restricted (and in that event liability is disclaimed to the fullest extent permitted by law), in no event will Streamray be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the site or Streamray service, even if Streamray has been advised of the possibility of such damages. You further agree to hold Streamray harmless for claims arising from the use of Streamray. Notwithstanding anything to the contrary contained herein, Streamray's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Streamray for the service during the term of membership.

11. U.S. Export Controls:
Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. Arbitration of Disputes:
Any and all disputes arising out of these Terms of Use and/or your relationship with Streamray shall be submitted to the binding arbitration according to the rules of the American Arbitration Association. The parties to the arbitration shall evenly divide any and all costs of the arbitration. Neither party shall be entitled to attorney fees. The arbitration shall take place exclusively in Las Vegas, Nevada and shall be governed by Nevada law without regard to its conflict of law provisions.

13. Indemnity:
You agree to defend and indemnify and hold Streamray harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the service in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

14. Notices/Other:
Except as explicitly stated otherwise, any notices shall be given by postal mail to:

Webmaster
Streamray Inc.
220 Humboldt Court
Sunnyvale, CA 94089

or to the email address you provide to Streamray during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Streamray may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Streamray during the registration process. In such case, notice shall be given 3 days after the date of mailing. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Streamray in our sole discretion, to a third party. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Streamray's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

Streamray, Inc. is located at:
Corporate Headquarters:
220 Humboldt Court
Sunnyvale, CA 94089
International Offices:
Ventnor Enterprise Limited
Tower Bridge House, St. Katherine's Way
E1W 1DD, London UK
1-408-702-1033 (toll free US & Canada - 888-575-8383)

(Revised September 10, 2009)