WELCOME TO HOMEGROWN VIDEO!
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.
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.
LIMITED USE LICENSE.
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.
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.
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.
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!
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.
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.
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.
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.
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.
OUR RIGHT TO CANCEL
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.
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.
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.
INTELLECTUAL PROPERTY RIGHTS
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.
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.
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.
We may use software that automatically tracks performance and usage information to evaluate our Site. The software will not personally identify you.
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.
CHANGING THIS CONTRACT
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.
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.
LIABILITY AND DAMAGES LIMITATION
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.
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.
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.
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.
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.
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.
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.
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.
ARBITRATION OF DISPUTES