Homegrown Video® Terms of Use Effective as of: October 20, 2007


  1. WELCOME TO HOMEGROWN VIDEO!
    Hi there!  We are New Destiny Internet Group, LLC, the owner and operator of the web site at http://peek.homegrowvideo.com and its affiliated websites.  For simplicity we’re just going to call all of them our “Site” because they all work together.  We are glad you could make it!  Our Site offers access to great amateur adult content – lots of which you won’t find anywhere else.  But before you enter our Site, we need to tell you about our Terms of Use.  They explain how we operate the Site so it can offer a cool experience to all of members.  Please take a minute to read them.  After all, we spent a lot of time writing them.  Our lawyer told us to make sure you pay special attention to the disclaimer of warranties (Para. 28.), limitations on liability (Para. 30.), exclusive forum for resolving disputes (Para. 39.), and arbitration provision (Para. 40.) so you should do that.  But other terms are important too, so read on.

  2. BINDING CONTRACT.
    OK, the first step is to let you know that this is a real contract, legally binding and all that stuff. So by clicking the designated icon to access or Site or otherwise selecting a Username and Password you understand and agree that you are making a binding Contract between you and us allowing you to access our Site in accordance with these Terms of Use. To "access" our Site means to visit our Site, use its services, and view or download its content. You agree to abide by all of these Terms of Use in accessing our Site. In addition, we may ask you to agree to additional terms, and pay a separate fee, to access specialty content. If you don't like these Terms of Use, we're sorry to see you go, but we can't let you in to our Site if you don't agree.

  3. AGE AND LEGAL ACCESS CERTIFICATION.
    This is really important.  Our Site is an ADULT ENTERTAINMENT Site (in case you haven’t figured that out by now).  By subscribing to the Site, you positively certify that you are older than 18 years of age or the age of majority where you live, whichever is older; that you are the owner of the credit card used to bill your account and have authorized us to bill you; that you are familiar with all local laws in your area affecting your legal right to access adult-oriented materials; that you have the legal right to access adult-oriented materials and we have the legal right to transmit them to you; that you are requesting adult-oriented materials for your own private enjoyment; and that you will NEVER share these materials with a minor or IN ANY WAY make these materials available to a minor.

  4. CUSTODIAN OF RECORDS.
    To the best of our knowledge all persons who appear in any visual depiction of sexually explicit content on our Site were 18 years of age or older at the time their depictions were created. The records required by 18 U.S.C. § 2257 and 28 C.F.R. § 75 with respect to visual depictions of sexually explicit conduct are kept by our custodian of records, Farrell Timlake. You can reach him at [email protected]. His business address is the address for our offices set forth below. This record keeping requirement by the way does not apply to visual depictions of sexually explicit conduct made before July 3, 1995 to the extent they are exempt from the requirements in 18 U.S.C. § 2257 and 28 C.F.R. § 75.

  5. LIMITED USE LICENSE.
    So here’s what you get.  By agreeing to these Terms of Use we grant you a limited, non-exclusive, non-transferable license to access our Site and its content in accordance with these Terms of Use and any additional terms for specific content.  Of course, you must also comply with all applicable laws when accessing our Site and you agree to do so.  We reserve the right to change, limit or terminate your access at any time if you fail to abide by these Terms of Use.  You are only authorized to access our Site for your personal, non-commercial use.  You may not use any content that you access on our Site for further distribution, performance, display, sale or rental, nor make any such content available on any peer-to-peer network, file sharing service, or other system for sending information to others.

    A user has the right to download 12 gigs within a 24hr period. If the user exceeds that limit they are blocked for 24hrs or alternatively they can contact support and request that the hold be lifted at our discretion.

  6. MEMBERSHIP, USERNAME AND PASSWORD.
    To access out Site we ask you to become a Member registering with us and selecting a unique Username and Password.  You must keep your Username and Password confidential, as you are responsible for all activity initiated under them.  In particular, if you allow another person to use your Username and Password, you are responsible for any charges they incur.  Under no circumstances may you allow anyone who is under 18 years of age or the age of majority where you live, whichever is older, to use your Username or Password or access the site at any time for any reason.  If we discover you have done so, we may immediately cancel your access to our Site in our sole discretion and without prior notice.  Yeah, we mean it.  If you know or suspect that someone is using your Username or Password without your authorization, contact us immediately.  You will need to give us all information you have about the unauthorized use and co-operate fully with us in investigating the matter.  We may request that you adopt additional security procedures when accessing our Site in the future to prevent further unauthorized use.

  7. NO USERNAME OR PASSWORD SHARING.
    Your Username and Password are for your personal use only.  You may not share them with any other person.  Sometimes multiple access is not your fault, as when hackers try to compromise our Site by bundling multiple users with same Username or Password.  But whatever the reason, we cannot allow multiple persons to use the same Username and Password, and our Site has several techniques to detect unauthorized multiple use.  As a result, if we decide in our sole discretion that your Username or Password is being used by multiple persons or for multiple access for any reason whatsoever, we have the right to discontinue access to our Site through that Username or Password immediately and without prior notice to you.  However, we will promptly send you a new Username or Password to at the e-mail address you gave us so that you can re-access our Site.  We will not be responsible for, and will not remit any Membership Fee on account of, any down time or inability to access our Site that you experience due to the Username or Password change.

  8. TRIAL PERIOD – FEE CONVERSION.
    We often allow people to access our Site for a limited trial period for a reduced fee.  For example, we might give you access to our Site for 3 days for a few dollars.  We do this so that you can see how cool our Site is so you will want to sign up as a full Member.  You can of course cancel at any time before the end of the trial period.  However, many people decide they want to stay and become Members.  To save them the hassle of signing up again, we automatically convert them to a full Membership at the higher Membership fee unless they tell us they want to cancel before the end of the trial period.  Let’s says this again so we are really clear.  If you sign up for a trial period at a reduced rate we will automatically convert you to a full membership at the higher membership fee unless you affirmatively cancel before the end of the trial period.  You can cancel as provided in Paragraph 14.   Otherwise, we’re glad you decided to join!

  9. MEMBERSHIP FEE
    When you become a Member we will charge you a monthly Membership Fee.  Paying your Membership Fee entitles you to access our entire Site and its content – except only specialty content where we may ask you to pay an additional access or download fee.  The Membership Fee starts with the amount stated as the Membership Fee when you signed-up to join our Site (not the fee for the trial period naturally).  It excludes any taxes or currency transmission charges, which are extra costs charged to you.  If you signed-up for a specific price for a specific period, then that price will remain in effect for that period.  Otherwise, we can change the Membership Fee from your sign up amount for at any time upon reasonable notice.  You agree that “reasonable notice” includes posting notice of a fee change on our Site at least 15 days before it becomes effective.  Of course, if you do not like to any Membership Fee change, you can always cancel your Membership before the new fee becomes effective.  We hope you don’t, but we want you to know you can.  However, your continued access to the Site after the effective date of any Membership Fee change will be your agreement to the changed Membership Fee.

  10. BILLING AND PAYMENT
    We will bill the Membership Fee each month in advance using the billing method that you selected when you signed-up or you later instruct us to use.  For payment by credit or debit card, you must ensure that all your credit or debit card information is current and accurate, and inform us of any change in your billing address, card number, or expiration date.  You must promptly notify us if your credit or debit card is cancelled or stolen, or there is an unauthorized use of your user name or password, as you will be charged for all access under your password.  If your credit or debit card charges are declined we may cancel your Membership and access to our Site at any time.  By giving us your credit or debit card number you authorize us to submit a charges to your credit or debit card without further approval from you until you give us notice that you have cancelled your Membership or wish to change your payment method and we have had a reasonable time to respond.

  11. SPECIALTY CONTENT
    As we mentioned, in some cases we may ask for an additional charged to access or download specialty content.  This is because we are giving you access to some very cool content, or sending you pre-packaged videos or merchandise, or stuff like that.  In any case, if there are any additional terms or charges for any specialty content we will identify them up front and you will be asked to agree to them before proceeding.  You agree that we can make charges for any specialty content to the credit card, debit card, or other payment method used to pay your Membership Fee unless you designate otherwise in each case.  Any prices shown for accessing or downloading specialty content are subject to change without notice.  No prices are final until your access or download is approved and paid for.

  12. CHANGING YOUR BILLING METHOD
    You can ask us to change your monthly billing method by sending us notice as provided in Paragraph 33.   If we receive notice more than 10 days before your monthly billing date, the change will be effective as of your next monthly billing period.  Otherwise, we will endeavor to make the change as soon as possible.

  13. ERRORS IN BILLING
    We may correct any mistakes in a bill and add or credit them against your future payments.  If you become aware of any errors in billing, notify us promptly for proper credit.  We agree to waive any error in your favor that we do not correct within 6 months of the bill where the error first appeared.  You likewise agree to waive any error in our favor unless you give us notice of the error within 9 months after you receive the bill in which it first appears.  You also release us from all liability for any error you do not report to us within 9 months after you receive the bill in which the error first appeared.
  14. YOUR RIGHT TO CANCEL
    You may cancel your Membership at any time for any reason by giving us notice at the e-mail address for so doing identified on our Site, by calling our customer service number, or by writing to us.   Cancellation will be effective as soon as we receive notice unless you have already paid your Membership Fee, in which case your cancellation will be effective at the end of the period for which your payment was made.  Some promotions may require cancellation charges, which you agree to pay as described in the promotion.  Cancellation of your Membership will not alter your obligation to pay all outstanding charges made to account.

  15. OUR RIGHT TO CANCEL
    We may cancel your Membership or suspend your access to the Site at any time for any reason.  However, if we cancel for any reason other than your breach of these Terms of Use we will refund a pro-rata amount of any payments you have made for the portion of any month not used by you.  If your credit card provider seeks return of any payments previously made to us, but we believe in good faith you are liable for the charges, we may, subject to applicable law, seek payment from you for the amounts due.

  16. EFFECT OF CANCELLATION
    If your Membership is cancelled for any reason, by you or by us, you must immediately remove from your computer and destroy any information have downloaded, printed or otherwise obtained from the Site.  If we so request, you agree to certify to us that you have done so.

  17. MAKING SUGESTIONS
    We appreciate suggestions to improve our Site!   Send them along!  You agree we can use any idea or suggestion you give to us royalty-free, worldwide and in perpetuity without any attribution to you.

  18. SITE LINKS
    Our Site may contain links to other Web sites.  These sites are not under our control and we are not responsible for their contents or links.  Including a link on our Site does not imply our endorsement of any linked site or its contents.  If you would like to establish a link from your web site to our Site, please contact us first to obtain or permission to do so.

  19. INTELLECTUAL PROPERTY RIGHTS
    Our Site and its content are all protected by applicable patent, copyright, trademark and related intellectual property laws.  HOMEGROWN VIDEO® and XPLOR MEDIA® are registered trademarks of Xplor Media Group Inc. and used with permission.  Other content available on our Site may be licensed from third parties, along with permission to use applicable title, company names, logos and trademarks.  As such, you may only access our Site and its content in accordance with these Terms of Use and any specialty content terms.  Any other use of our Site or its content, including by copying, modifying, accessing, distributing or performing any content or reproducing, imitating or using any trademark in a misleading way, is not permitted and may constitute an infringement of our rights or the rights of our suppliers.  Unless specifically stated in the case of specialty content, and then only to the extent stated, your license to access the Site does not transfer to you ownership of or title to any copy that you download or print, and you are only authorized to use such copy for limited periods in accordance with these Terms of Use.  If your Membership ends you must immediately destroy such copy.

  20. CHAT ROOM CONDUCT
    A portion of our Site is available for chat-room entertainment purposes only. Although we are not always able to control third party content on this site, it is our policy to prohibit visitors from posting any information that is infringing, defamatory, obscene, lewd, excessively violent, harassing, an invasion of privacy, unlawful or otherwise just plain nasty.  You agree not to post any such information.  You further agree to indemnify us and our officers, agents and representatives for any claims, loss, liability or damage arising from your use of this Site. We reserve the right to monitor and delete any information or postings we deem inconsistent with this policy in our sole discretion.  If you are aware of any such information posted on our Site, please contact our customer service department at [email protected] Please provide as much detail as possible, including a copy of the objectionable information or the location where we may find it, the reasons(s) it should be removed, and a statement certifying the accuracy of the information you provided to us.  If your notice is based on an alleged copyright or trademark infringement, please identify the infringing material and provide available registration dates and numbers.  We will undertake reasonable efforts to monitor chat-room content online, but we cannot assume any specific obligation to do so or any liability for failing to remove specific content.

  21. NO DATA MINING
    We do not allow “bots,” electronic robots, spiders, i-agents, automated data mining programs or the like to access our Site to harvest data or to create a compilation of our Site’s contents or a catalog of our Services without our prior permission.  Nothing in these Terms of Use authorizes their use, directly or by implication.  Any use of such programs will be a material breach of these Terms of Use and an infringement of our rights.  No bots!
  22. ANTI-CIRCUMVENTION
    We may use digital rights management, copy protection or anti-circumvention software or devices to prevent unauthorized access, copying or use of our Site of its content.  In such case, you agree not to reverse engineer, decompile, circumvent, nullify or remove such software or devices, and you waive to the fullest extent allowed by law any right or privilege you may have to do so.

  23. THIRD PARTY SOFTWARE
    We may use software from third parties in operating of our Site.  We may also require you to use software from other suppliers to view any content on our Site, like a media player.  Any content on our Site may contain digital rights management or copy protection software from third parties.  We need not provide you with notice about any of this third party software.  In any, all our disclaimers, exclusions and limitations in paragraphs 28., 29. and 30. also apply to all such third party software.

  24. PRIVACY POLICY.
    Our Privacy Policy is posted on our Web Site.  Please read it.  We may amend our Privacy Policy from time to time by posting notice of the amended Privacy Policy on our Site.  Your agreement to these Terms of Use or your continued access to our Site indicates your agreement to our Privacy Policy.  If you do not agree to our Privacy Policy at any time, please exit our Site.

  25. USAGE INFORMATION
    We may use software that automatically tracks performance and usage information to evaluate our Site.  The software will not personally identify you.

  26. CHANGING THE SITE
    You agree that we may change the content, information or functionality of our Site at any time as we like without prior notice to you.  However, we make no commitment to so.

  27. CHANGING THIS CONTRACT
    We may also change these Terms of Use and any other terms under which we provide access to our Site or its content at any time as we believe necessary or convenient to operate our Site or protect our rights.  We will endeavor to post any change in these Terms of Use on our Site 15 days before they become effective.  If you do not like any change, then you can always cancel your Membership.  However, your continued access to our Site after a change becomes effective means that you accept all changes.  We agree that no change will diminish your rights under Paragraph 40. (arbitration) unless and until you have agreed, or are deemed to have agreed, to the change as provided in this paragraph.

  28. WARRANTY DISCLAIMERS.
    We are providing you access to our Site and its content “as is,” “with all faults” and “as available.”  The entire risk as to satisfactory quality, performance, accuracy, and effort is with you.  There is no warranty that the Site or any content will meet your needs or requirements.  To the maximum extent allowed by Law we disclaim all warranties, express, statutory or implied, including warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, title, exclusivity, quiet enjoyment and non-infringement, and warranties that your access to or use of our Site will be uninterrupted or error-free.  There are no warranties of any kind that extend beyond the face of this agreement or that arise as a result of course of performance, course of dealing or usage of trade.

  29. ADDITIONAL LIABILITY DISCLAIMERS.
    In your access to the Site, including any chat-room, you agree we are not liable for: (1) any information, comments or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal; (2) any third party’s unauthorized access to or alterations of your account, transmissions or data; (3) any viruses or other disabling code that may infect your computer or affect your access to or use of the Site, your other services, hardware or software; (4) any incompatibility between the Site and your other services, hardware or software, or (5) any delays or failures you may experience in initiating, conducting or completing any transmissions to or transactions with the Site.

  30. LIABILITY AND DAMAGES LIMITATION
    To the maximum extent allowed by Law, our total liability for any claim arising from these Terms of Use or your access to our Site is limited solely to your incidental and direct damages, if any, but not to exceed the greater of us$250 or the amount actually paid by you for any such access giving rise to the claim.  Recovery of these damages will be your sole and exclusive remedy, and we disclaim any liability for any other damages of any kind arising out of this contract or your access to the site.  In no event will either of us be liable for any special, consequential or punitive damages arising out of or related to this contract or your access to the Site.  This exclusion of special, consequential and punitive damages is independent of your exclusive remedy and survives even if such remedy fails of its essential purpose or is otherwise deemed unenforceable.  To the maximum extent allowed by Law the limitations on liability in this paragraph apply without regard to the claim for which they arose, whether due to strict liability, breach of warranty (express or implied), beach of contract, or any tort or negligence, active or passive.

  31. SCOPE OF DISCLAIMERS.
    The disclaimers, exclusions and limitations in paragraphs in paragraphs 28., 29. and 30. apply to the maximum extent permitted by applicable law, but no more.  They are not intended to deprive you of any mandatory protections provided to you under applicable law.  Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, or liability for consequential damages, or other matters, some or all of such disclaimers, exclusions or limitation may not apply to you.

  32. LIMITED TIME TO BRING CLAIMS
    Each of us agree to give the other party Notice of any claim arising out of this contract within one (1) year after the claim accrued, and if the claim is not resolved amicably to commence legal proceedings to resolve the claim within (6) month after giving such notice, or the claim will be permanently barred.

  33. SENDING NOTICE TO US
    You may send notice to us by e-mail, by calling our customer service department, or by writing to us at the locations shown on our Site.  An electronic notice will be considered received by us only when our server sends a return message to you acknowledging receipt.  We may change our contact information from time to time by posting the change on our Site, so make sure to check out the Customer Support area of our Site for the most current information for sending notice to us.

  34. SENDING NOTICE TO YOU – ELECTRONIC NOTICE
    You consent to receiving any notice from us in electronic form either: (1) by sending e-mail to the e-mail address you specified when you signed up or (2) by posting the notice on a location on our Site designated for such purpose.  Notices sent to you by e-mail will be deemed received when our e-mail service indicates transmission to your e-mail address.  You confirm the e-mail address you gave when you signed up is a current and valid one for receiving notice, and that your computer has hardware and software configured to send and receive e-mail via the internet and to print any e-mail message you receive.  You may change this consent at any time and request paper notice by normal postal delivery, but if you do we may cancel your access at any time (because of the increased costs and hassle).  If we do agree to send postal notice w may collect the reasonable cost and postage of so doing.

  35. ELECTRONIC COMMUNICATIONS NOT PRIVATE.
    We do not provide facilities for sending or receiving confidential electronic communications.  All messages transmitted to us or from us should be considered open communications be readily accessible to the general public.  You should not use the Site to transmit or receive messages only intended to be read by the sender and designated recipients.  All messages sent to the Site may be read by users or operators of the Site regardless if they are intended recipients.

  36. COPY OF THIS CONTRACT.
    You may copy this Contract to your printer.  Please feel free to do so!  If you are having trouble printing a copy, please contact use and we will be happy to send you a copy.

  37. LOCATION OF USE
    The Site is operated by us from our offices in Orange County, California, United States of America.  We make no representation that the information or materials available on the Site are appropriate, available or authorized for use in any other locations.  Any access to the Site from any jurisdiction where any information of content on the Site is illegal is prohibited.

  38. GOVERNING LAW
    This Contract will be governed by and interpreted under the laws of the State of California.  Any disputes regarding either of our rights or remedies arising from this Contract will be resolved under California law, except only to the extent consumer protection laws in your state of residence in the United States require their application instead.  The predominant purpose of this Contract is providing services and licensing access to intellectual property and not a “sale of goods.”
  39. PLACE FOR RESOLVING DISPUTES
    All disputes arising under this Contract or regarding your use of or access to the Site will be subject to the jurisdiction and exclusive venue of the state or federal courts in Orange County, California.  You agree to submit to the personal jurisdiction of the state and federal courts in Orange County, California, for resolving such disputes.  You also agree, to the full extent allowed by law, that the exclusive venue and forum for resolving such disputes will be in the state and federal courts in Orange County, California, and waive any right to seek another venue due to improper or inconvenient forum.

  40. ARBITRATION OF DISPUTES
    We both agree that all disputes, claims or controversies arising out of or related to these Terms of Use or access to our Site will be resolved by neutral, binding arbitration in Orange County, California under the Consumer Arbitration Rules of the American Arbitration Association in effect as of the Effective Date of these Terms of Use (the “AAA Rules”).  You can read these rules at http://www.adr.org/arb_med (as of the Effective Date). The arbitrator will have authority to consider any statutory or other claims available to a consumer under applicable federal, state or local laws that are within the scope of the submission to arbitration and to award all damages or other remedies under applicable consumer law.  To the extent allowed by the AAA rules, as an alternative to arbitration you may pursue your claim in a small claims court in the Orange County, California to the extent it has jurisdiction, but if you elect to file a small claims action then the matters raised in the small claims action will not be subject to arbitration.

  41. MISCELLANEOUS
    These Terms of Use supersede all prior terms of use, access, communications or proposals, whether electronic, oral or written, between you and us regarding access to our Site.  You may not assign, delegate or sublicense any of your rights without our prior written consent in advance, and any attempt to do so without our prior written consent will be void.