Terms of Use

This Terms of Use Agreement (hereafter, "Terms of Use", "Agreement") is a binding contract between the parties responsible for operating this Internet website on the domain name of YourHotPics.com (hereafter, "Pyrofly Media", "PFM", "we", "us") and the person viewing or using our website (hereafter, "you").

By using this website, you certify your agreement to all terms, conditions, and notices contained or referenced herein. We reserve the right, at our discretion, to update or revise these Terms of Use at any time. We may not post notices regarding changes, so you must check these Terms of Use periodically for changes. Your use of this website following the posting of any changes to the Terms of Use will be deemed your acceptance of such change(s).

For purposes of the Terms of Use, the term "Content" shall mean any materials, including text, communications, images, sounds, streams, profiles, software, data or other information. The term "post" shall mean to publish, provide, display, upload, or otherwise transmit.

Eligibility

You must be eighteen (18) years of age or over to use this website. Membership is void where prohibited. By using and/or viewing this website, 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 sexually-explicit content. The materials that are available within this website 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.

For more information on how to restrict access to our website, please see our page on Online Safety and Age Verification.

By using and/or viewing this website you represent and warrant under penalty of perjury the following:

1. That you are an adult, at least 18 years of age (or 21 years where 18 is not the age of majority).

2. 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 website.

3. That you understand that when you gain access to this website, 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.

4. 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.

5. That you represent and warrant that you have not and will not use and/or view the website(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.

Content posted on this website

As a PFM user you may join the community of content contributors as a performer and submit live Audio and Video content and photographers ("User Videos") and textual content ("Chat"). User Video and chat is collectively referred to as "User-Submitted Content." You understand PFM does not guarantee any confidentiality with respect to any User-Submitted Content, and that any User-Submitted content is specifically intended to be viewed by any age-qualified person viewing the PFM site.

You shall be solely responsible for your own User-Submitted Content and the consequences of posting or publishing content. In connection with User-Submitted Content, you affirm, represent, and/or warrant that: you won or have the necessary licenses, rights, consents and permissions to use and authorize PFM to use all patent, trademark, trade secret, copyright, right to privacy, right to publicity, or other proprietary commercial or personal rights in and to any and all User-Submitted Content to enable inclusion and use of the User-Submitted Content in the manner contemplated by the PFM website and these Terms of Use.

You understand and agree that the Content displayed on PFM is primarily posted by third parties and PFM does not pre-screen or preemptively monitor such Content. PFM is not liable or responsible for Content posted by third parties.

PFM claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content posted by third parties and nothing in this Agreement is intended to waive, remove, or usurp such immunity.

You understand and agree that PFM may delete any Content that in the sole judgment of PFM violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of PFM, its employees, associates or users. PFM is not responsible for any failure or delay in removing such Content.

This website may display images from, or otherwise link you, to other websites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under PFM's control, and you acknowledge that PFM is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites. The inclusion of such a link does not imply endorsement of the website by PFM or any association with its operators.

You are solely responsible for the Content that you post on this website or otherwise transmit to other PFM users.

By posting Content on this website, you automatically grant, and represent and warrant that you have the right to grant, to PFM and visitors of PFM, 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.

You acknowledge that PFM is acting as a passive conduit of User-Submitted Content and that PFM is not undertaking any obligation or liability relating to any content or activity on the website. As such, PFM acts merely as a forum for the expression of ideas, thoughts, and information. PFM is not responsible for any inaccurate, wrong, offensive, inappropriate, or defamatory content that is contained herein.

PFM is not responsible for any User-Submitted Content that violates a community's norms or mores. PFM expects and demands that you comply with all federal, state, provincial and local laws when using the website and when submitting or posting Content to the website. If you are unsure whether or not Content will violate a law, you are urged to contact an attorney prior to posting the Content. PFM cannot enforce every jurisdiction's laws for all Content that is posted to this site. As such, PFM is not responsible for the User-Submitted Content of the website.

PFM and its administrators reserve the right (but not the obligation) in their sole discretion to refuse, delete, move or edit any and all Content that it deems is in violation of the law (including trademark and copyright law), or is abusive, defamatory, obscene or otherwise unacceptable, and you expressly agree that removal of any content by PFM is not to be construed as endorsement of any remaining content, and you expressly agree that you will never assert that PFM edits or amends any content for the purpose of establishing that PFM is a producer or author of ay User-Submitted Content viewed via the PFM services.

You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness, or lawfulness of such Content. In this regard you acknowledge that you may not rely on any Content created by PFM or User-Submitted Content transmitted to the website. You are responsible for all your Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Service.

A partial list of content that is illegal or prohibited includes content that:

• Provides material that constitutes child pornography or which involves depictions of nudity or sexuality by an age-inappropriate-looking performer (i.e., someone who looks younger than 18, regardless of their actual age) or by a performer who is portrayed or otherwise made to appear as a person under the age of 18 by virtue of the script, make-up, demeanor, costuming, settings or props;

• Exploits or solicits personal information from anyone under 18;

• Violates any national, federal, state, provincial or local laws, rules, regulations, or ordinances concerning obscenity;

• Provides content involving the impersonation of another, the threat of suicide or harm to oneself or others, bestiality or necrophilia;

• Harasses or invades the privacy of another person;

• Is patently offensive to the online community, including content that promotes racism, bigotry, hatred or physical harm against any individual or group;

• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

• Promotes an illegal or unauthorized copy of another's copyrighted work, such as pirated computer programs or links to them, or providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

• Involves transmission of "junk" mail, "chain letters" or unsolicited commercial email or "spam";

• Promotes information you know is false, misleading or promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory or libelous;

• Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

• Includes any material not fully in compliance with United States Code, Title 18, Section 2257 et seq or any other applicable statutes, or laws of any other jurisdiction concerning depictions of sexually explicit conduct;

• Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

• Involves sending advertisements in chat or instant messaging messages;

• Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

• Includes any file or data stream that contains viruses, worms, "Trojan horses" or any other destructive features.

You agree that PFM may review complaints about User-Submitted Content and take action upon such complaints at its sole discretion.

You are solely responsible for any content you post and PFM will investigate and take legal action, in its sole discretion, against anyone who violates these Terms of Use, including removal of the offending post from the service and termination of your account. Please note that you may not permit any other person to use your account and that you must immediately inform us of any apparent breach of security, such as loss, theft or unauthorized disclosure or use of a username or password.

Code of conduct

You agree that you will not post, or otherwise distribute or facilitate distribution of any Content that:

1. is illegal, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or publicity rights, tortious, or otherwise violates PFM's rules or policies;

2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

3. constitutes unauthorized of unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

4. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

5. contains information, material, or pictures of any person who is not both older than eighteen (18) years old and over the age of majority in such person's state, province, or country of residence; or

6. that is otherwise prohibited on our Rules and Guidelines page.

You also agree that you will not:

1. harvest or collect information about the users of this website;

2. use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications;

3. knowingly solicit or collect personal information from a minor under eighteen (18) years of age;

4. 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;

5. use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of PFM;

6. take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or

7. act in bad faith against this website or PFM.

You further agree to use only your own account to login to this website, establish a secure password, and to not make your login credentials available to anyone else. You agree that you are responsible and liable for any actions on your account even if they are performed by a third party.

If you are on a computer terminal that may be accessed by persons other than yourself, you agree to log out of the website by clicking the Logout button, and not to allow the browser to save or otherwise store your personal username and password.

If you access the website and find it is already logged in under another account, you must immediately logout of the website by clicking the Logout button.

Images and Content

Our Site(s) and Services contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other website owned, operated, licensed, or controlled by Us. You acknowledge and stipulate that all of the Materials constitute expressive content that is fully protected by the First Amendment to the United States Constitution.

You acknowledge and understand that some or all of the Materials on Our Site and transmitted via Our Services may be inappropriate for viewing by minors. You acknowledge that You are aware of the nature of the Materials provided by or through the Site and that You are not offended by such Materials, and that You access the Site and Services freely, voluntarily, and willingly, and for Your own personal enjoyment.

You understand that all of the information, data, text, images, audio, graphics, messages, or any other content on the Site or available via the Service, whether posted publicly or transmitted through Our messaging Services or the messaging services of third parties, are the sole responsibility of the party from whom the content originated. This means that You are entirely responsible for any and all content that You upload, post, transmit, e-mail, message, or otherwise publish via Our Services. We are not always able to control the content posted on the User profiles, or User communications, and as such We do not guarantee any accuracy, integrity, quality, or any other aspect of such posted content.

You agree that by using the Site and Services covered by this Agreement, You very well may be exposed to content that You might find offensive, indecent, problematic, or otherwise objectionable.

Under no circumstances will we accept liability in any way for any content posted by, uploaded by or transmitted by Our Users.

We respect the intellectual property rights of all parties, and have adopted a policy regarding termination of repeat copyright infringers under the Digital Millennium Copyright Act. Copies of Our Repeat Infringer Policy are available on request to Our Members.

We are committed to making the use of Our Site a safe and pleasant experience for Our Members. In order to do this, We reserve the right, at Our sole discretion and with no obligation to do so, to periodically monitor, either at random, or selectively, Member correspondences and profiles within the Site. This includes all communication sent or received through any communication system offered via the Services.

We further reserve the right, at Our sole discretion and with no obligation to do so, to delete any content violating the terms within this Agreement. We may delete any content including pictures, messages or profiles that are deemed in Our sole discretion to be illegal, immoral, offensive, or in violation of the letter and spirit of this Agreement and the purpose of the Site or any of its affiliates.

§230 Notice

You acknowledge Your responsibility to prevent minors under Your care from accessing harmful or inappropriate material. You agree not to allow minors to view any such content, and You agree to take responsible measures to prevent them from doing so. Numerous commercial online safety filters are available which may help users limit minors' access to harmful or inappropriate material. Pursuant to 47 U.S.C. § 230(d), You are hereby informed that You can research such services at websites such as: www.getnetwise.org or www.child-internet-safety.com/internet_filters.php, among others. Please note that We make no representation or warranty regarding any of the products or services referenced on such sites, and We recommend that You conduct appropriate due diligence before purchasing or installing any online filter. You agree to take particular steps to prevent minors from viewing Our Site or the content received via Our Services if Your computer or mobile device can be accessed by a minor. Finally, You agree that if You are a parent or guardian of a minor child, it is Your responsibility, not Ours, to keep any age-restricted content on Our Site or Services from being displayed or accessed by Your children or wards.

Pursuant to the Communications Decency Act ("CDA"), 47 U.S.C. § 230(c)(1), and court decisions interpreting the scope of the CDA, You acknowledge and understand that We operate as the provider of an interactive computer service. Thus, We are immune from, and cannot be held responsible for, claims arising from the publication or transmission of Your Content as well as the content of other Users and third parties. We do not create such content, and We are not responsible for the publication of remarks or communications of third-parties that may arguably rise to the level of being actionable under federal or state laws including, but not limited to, the publication of material that might be considered defamatory, or violative of privacy or publicity rights. Note, that federal law allows Us to remove or block any content found to be offensive, defamatory, obscene or otherwise violative of Our policies, without impacting Our status as the provider of an interactive computer service. Nothing contained in this Agreement is intended to limit or alter the immunity from claims provided by Section 230 of the Communications Decency Act, and no third parties are intended to benefit from this Agreement between You and Us.

§2257 Notice

License To Use Your Information and Content

With the exception of personal financial and billing information, You hereby grant to Us the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any text, images, data, video or other information and content You provide on or through this Site or which is sent to Us or others by text, e-mail or other correspondence, for any purpose whatsoever. This license shall include the right to copy and transfer Your entire profile, or portions thereof, and all its content, including text, pictures, photographs, personal description, and any contact information, to any affiliate or related or partner sites of Ours and to post such content on different pages of the Site at Our sole discretion. We shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by Us in writing or required by law.

By uploading any photographs or videos of Yourself or others, and by entering any text or other content, You hereby swear that You own or control all intellectual property and publicity rights with respect to the uploaded photographs, videos and content; and You hereby irrevocably grant a non-exclusive right and license to Us to:

• Reproduce, transmit, communicate, display, or distribute Your submitted photographs and content, on or as part of Our Sites, on other Internet sites, or elsewhere, for promotional or commercial purposes, by means of any technology, whether now known or hereafter to become known;
• Reproduce Your photographs and content in digital form of display on the Internet (alone or in combination with other works, including, but not limited to, text, data, images, photographs, illustrations, animation, graphics, video, or audio segments, and hypertext links);
• Adapt, modify, or alter Your photographs and content or otherwise create derivative works based upon Your photographs and content; and for all other reasonable promotional or commercial uses either as part of the operation of Our Site(s), or as a promotion or operation of any derivative or related businesses.

Performers

In addition to any illegal and prohibited content listed above, there can be no minors, children, babies or unauthorized persons (persons for whom we do not have proper name and ID on file) on camera or in the same room.

Bestiality, or animals/pets on camera in a sexual or provocative context, illegal drugs (or drugs that may be perceived as illegal in other locations, e.g. medicinal marijuana), is strictly prohibited.

Incest (sexual relations involving family members) is not allowed.

Illegal or unsafe activity of any kind, violence, blood, torture, pain, erotic asphyxiation, or any actions associated with bringing harm to yourself in any way is prohibited.

A performer may not discuss or arrange prostitution or escort services.

Any action that may be deemed obscene in your community is prohibited.

Performers shall not work on multiple sites at the same time.

Performers are allowed to freely interact with other performers on the site, or they may choose to block other performers from communicating with them, and it is completely up to the performer to choose who they talk to on the site and they may ignore anyone and may ban anyone from communicating with them.

Performers may exchange information with members of PFM, including contact information, but performers MAY NOT use members' information to provide webcam shows or receive payments outside of the website. If a performer sells something to a member, e.g., underwear, or performs any other miscellaneous transaction, the sale must be arranged to be exchanged for Tokens.

Performers are not allowed to advertise commercial websites that offer live webcam streams, under any circumstances, but performers MAY mention their own personal profiles, homepages and wish lists.

Performers are not allowed to ask for members' account information or to log in using accounts that do not belong to them.

Performers trying to deceive members by playing recorded video instead of actually being live on webcam will be immediately banned, without payment.

Fraud

Any attempt at fraud will result in a permanent ban, without payment. (e.g., working together with a customer or "hacker" to accept private shows paid for with stolen credit cards).

Performers are required to report all such suspicious activity, or the performer may be considered complicit.

Privacy of Communication is Not Guaranteed

We do not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Us shall be deemed to be readily accessible to the general public. Visitors should not use this Site or Services to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages and other content entered into this Site or Services can and may be read by the agents and operators of the Site or Services, regardless of whether they are the intended recipients of such messages.

Transactions and Fees

All sales and transactions are final.

PFM does not guarantee the availability of a refund, whether in website account credits, Tokens, or money, for any reason. PFM may provide refunds at its own sole discretion; however, it is under no obligation to do so.

Any purchase you make at this website must be paid for using a payment method of which you are the owner or authorized signer.

The fees for using this website are set forth and provided to you in other places throughout the website. PFM may change the fees, or introduce new fees at any time.

You are liable and responsible for all purchases made on your account with PFM, regardless of whether or not the purchase is made by someone else, regardless of whether or not the purchase was authorized, and regardless of the true owner of the payment method used to fund the purchase.

Any communication regarding a refund or transaction reversal must be made to PFM support, FIRST. Inquiring about, requesting or receiving any transaction reversal, refund or charge-back from the payment processor, credit card, bank, or any other entity other than PFM without first contacting PFM about your issue is strictly prohibited and will constitute fraud and an intentional breach of this Agreement, for which PFM will pursue full legal remedies.

Non-guarantee of features and benefits

PFM does not guarantee that you will be able to access or use any or all parts of this website, and you agree that PFM shall have no liability to you whatsoever for any such inaccessibility.

Specifically, the availability of recorded private shows and chat conversations ("Archives") are not guaranteed in any way. Archives, along with any other feature or benefit of this website, may become permanently inaccessible for any reason and you agree that PFM shall have no liability to you whatsoever for any such inaccessibility, and you may not seek a refund or any other transaction reversal due to such inaccessibility.

Proprietary rights and restrictions

You acknowledge and agree that all content and materials available on this website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and by other laws and that their use is restricted by the terms of this Agreement. PFM, the PFM website, and the PFM product and service names are trademarks and/or service marks of PFM (the "PFM Marks") and are owned exclusively by PFM. You will not display or use the PFM Marks in any manner, without PFM's prior written permission. Except as expressly authorized by PFM in writing, you agree not to record, sell, resell, exploit for any commercial purposes, license, rent, modify, distribute, copy, reproduce, duplicate, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any portion of such materials or content. Systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from PFM is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

Specifically, all Content, video, audio, and text appearing on the PFM website may not be recorded or disseminated in any way.

The term "YourHotPics.com" is registered trademark #______________ with the U.S. Patent and Trademark Office and may not be used except as expressly authorized by PFM. Please see more YourHotPics.com trademarks.

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 PFM 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):

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on our website including the URLs of web pages and/or hyperlinks;

4. your address, telephone number, and email address;

5. 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; and

6. a written 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.

PFM's Copyright Agent for Notice of claims of copyright infringement can be reached as follows: Admin@YourHotPics.com

It is the intention of PFM 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.

If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, you may notify PFM on the Contact Support page.

Disclaimers of warranties

PFM, including its shareholders, officers, directors, agents, employees, members, subsidiaries and affiliated companies, is not responsible for any incorrect or inaccurate Content posted on the website or in connection with the PFM service, whether caused by users, 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 PFM service, whether online or offline. PFM 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. PFM 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 or to any other person's computer related to or resulting from participating or downloading materials in connection with the website and/or in connection with the PFM service. PFM offers no guarantee as to the confidentiality and security of information that you may provide to PFM. Under no circumstances will PFM be responsible for any loss or damage resulting from anyone's use of the website or the service and/or any Content posted on the website or transmitted to PFM users. The website and the service are provided "AS-IS", "AS-AVAILABLE", and "AT YOUR OWN RISK" and PFM expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PFM cannot guarantee and does not promise any specific results from use of the website and/or the PFM service.

Limitation of liability

By agreeing to use the Internet services offered by PFM, you agree that PFM is immune from liability under the fullest extent of the law, and/or as provided by the Communications Decency Act, as to any content and nothing in these Terms of Use is intended to waive or diminish such immunity. You understand and expressly agree that PFM reserves the right to monitor some, all, or no areas of the website for adherence to these Terms of Use or other rules that may be published from time to time and may delete any content, User-Submitted Content or profiles that in its sole judgment violates these Terms of Use. In no event shall PFM, its officers, directors, employees, or agents, be liability to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the website by any third party, and/or (vi) any errors or omissions in any content or for any 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 PFM website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. PFM's liability in any case shall not exceed the sum of $500.00 USD. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that PFM shall not be liable for user-submitted content 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.

Indemnity

You agree to defend, indemnity and hold harmless PFM, its parent corporation, officers, directors, shareholders, employees and agents, server maintenance and contributors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the PFM website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User-Submitted Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the PFM website or services.

Disclaimer of High Risk Activities

The Services are not fault-tolerant and are not designed, manufactured or intended for use or resale as or with on-line control equipment in hazardous environments requiring fail-safe performance, including, but not limited to, equipment used to operate nuclear facilities, aircraft navigation or aircraft communication systems or air traffic control, direct life support machines or weapon systems, in which the failure of the Services could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, PFM and its suppliers specifically disclaim any express or implied warranty of fitness for such High Risk Activities.

International use

PFM makes no representation that materials on this website are appropriate or available for use in any particular locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from any location do so on their own initiative, at their own risk, and are responsible for compliance with local laws. If you use this website in a jurisdiction that prohibits or restricts such use, your use will be subject to, without limitation, any other provision of the Terms of Use, and PFM shall not have any liability with respect to such use.

Choice of law and forum

These Terms of Use shall be governed by and construed in accordance with the laws of the country of The United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this website shall lie only in the courts of McHenry County, Illinois, USA, and you further agree to and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and PFM with respect to this website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PFM with respect to this website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Term and Termination

This Agreement shall be effective as of the Effective Date and have an initial term of one (1) year. This Agreement shall be automatically extended for one (1) year term(s) (the "Renewal Term") any time that you enter the website. Unless terminated, this Agreement shall be automatically extended for additional one (1) year term(s) upon expiration of the previous term.

PFM reserves the right to terminate this Agreement for any time, for any reason, with or without cause. This Agreement may be terminated by an e-mail from you to PFM, or by an e-mail from PFM to you, or by the deactivation of your account or username at the website by PFM.

All rights granted by you to PFM during the term of this Agreement shall survive the termination of this Agreement by either party.

PFM reserves the right, in its sole discretion, to terminate your access to all or part of this website, with or without notice, for any reason, including, without limitation, if PFM believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use.

You acknowledge that PFM shall not be liable to you or any third party for any termination of your access to this website.

Upon termination, you will not be entitled to any refund of any unused subscription fees or Tokens.

Even after this Agreement is terminated, its provisions will remain in effect.

Notices

PFM may serve you notice by sending an e-mail to your e-mail address on your account.