[DirtyPantyCentral.com] Terms of Use PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE. These Terms of Use define the terms by which you may use DirtyPantyCentral.com website ("Website"), and are an agreement between you and the Website, which are collectively referenced as "we" or "us". By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder. You should not use this Website, if you do not agree to these Terms of Use. We may modify our Terms of Use at any time without notice or in our sole discretion, and any amendments will apply immediately. You should return to this page from time to time in order to ensure that you are aware of any changes. The Privacy Policy posted to our Website also forms part of these Terms of Use. We may at any time modify the Privacy Policy or introduce new policies regarding the use of this Website. Any reference to our Terms of Use includes all such policies. 1. Adult Content This Website contains adult content, which may be offensive and objectionable to some Internet viewers. This content may also be obscene when judged by some local community standards. By using this Website, (a) you agree that you are familiar with your local community standards for obscenity and agree that the content on this Website is not obscene in your local community, and (b) you consent to viewing the adult content on this Website. 2. Eligibility to Use Our Website Only adults who are at least 18 years of age or the minimum legal age for viewing adult content in your state, if older, may use this Website and view the content on this Website. By using this Website, you agree that you are at least the minimum age required to view adult content in your state, and that you are competent and capable of entering into legal agreements (an "Eligible Adult"). You expressly agree that you will restrict access to this Website to Eligible Adults only, and ensure that no person who is under the minimum legal age for viewing adult content in your state can view any content on the Website. 3. Model Verification In compliance with the United States Code, Title 18, Section 2257, all models appearing in any visual depiction on this Website, whether or not sexually explicit, were verified by at least two legal identification documents to be above the age of eighteen (18) at the time when the depictions were created. All records required to be maintained for such materials pursuant to 18 U.S.C.§ 2257 and 28 C.F.R. 75 are maintained by the following Custodian of Records: [insert custodian's name and address]. For more information regarding model age verification or this Website's compliance procedures, please contact us at info@dirtypantycentral.com. 4. Intellectual Property We or our licensors retain ownership of all right, title, and interest in all content on this Website, including but not limited to the design features, the organization, the codes, text, databases, compilations, and all photos (collectively the "Intellectual Property"). You may not reproduce, display, republish, upload, post, transmit, copy, distribute, create derivative works of, or otherwise use for any purpose any portion of our Website for any commercial or non-commercial use without our express written consent. For the avoidance of doubt, you are expressly prohibited from using the likeness of any model on our Website on any other website or media, or for any other purpose. 5. Intellectual Property Infringement Complaints We respect the intellectual property rights of others. If you ever suspect that your intellectual property has been copied on our Website in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information: (a) Identification of the Intellectual Property. The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed; (b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed; (c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website; (d) Contact Information. Your address, telephone number, and email address; and (e) Statement under Penalty of Perjury. A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner's behalf, made under penalty of perjury. 6. Operation of Website We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue. If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information: (a) Description of the Incident. The specific sequence of events which generated the incident, and a full description; (b) Description of Error Message. The exact wording of any error messages, if applicable; and (c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support. We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times. We can assume no liability or responsibility for any delay, interruption, or downtime. We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website, We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion. In addition, we reserve the right to make modifications to the operation of the Website at any time at our sole discretion. 7. Prohibited Uses of the Website Our Website should only be used for lawful purposes. We specifically prohibit any other use of the Website, including but not limited to the following: (a) Impersonating a Third Party. Submitting to the Website any information in which you impersonate or claim to be any third party; (b) Illegal Activity. Using the Website for any illegal purposes, including but not limited to conspiring to violate laws; (c) Intellectual Property Infringement. Submitting infringing content to the Website; (d) Disrupting the Website. Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website's infrastructure, servers, data, or network or those of any third party via our Website; (e) Misusing Website. Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari; (f) Tampering with Website. Submitting any content that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website or of any computer software, hardware, or telecommunications equipment; (g) Reverse Engineering Software on Website. Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website; (h) Copyright Software or Content. Aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content available on the Website; (i) Mining Data From the Website. Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website; (j) Stalking or Harassing Visitors. Stalking, harassing, or threatening any visitor to this Website; or (k) Storing Personal Information. Collecting or storing personal information about any visitor to this Website. If you become aware of any inappropriate use, please notify us at our email address at info@dirtypantycentral.com 8. Links Our Website contains links to third party websites, which are not owned or maintained by us and over which we have no control. These links are provided for informational purposes only. Please be advised that we do not intend that links to third party websites be referrals to or endorsements of the linked entities, the content on their websites, or any product or service that they offer. Any content contained by such linked websites may or may not comply with your local community standards for obscenity, and such content may or may not be in compliance with applicable federal and state laws, including but not limited to The Child Online Protection Act of 1998 ("COPA") and 18 U.S.C.§ § 2252 and 2257. If you click on a link to a third party website, our Privacy Policy and Terms of Use will no longer be applicable and you will be solely responsible for conducting your own due diligence prior to viewing any linked website. Your business dealings with any third party with whom you connect through this Website are solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party linked to our Website. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue. 9. Legal Compliance This Website takes seriously our obligations to protect children in accordance with COPA, 18 U.S.C.§ § 2252 and 2257, and 28 C.F.R. 75, and to comply with other applicable federal and state laws. If you have questions or concerns about our compliance procedures, please contact us at info@dirtypantycentral.com 10. Limitation of Liability; Consequential Damages You agree that this Website and any recordkeeper, webmaster, model, or other individual affiliated with this Website will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages). Our liability to you shall in no event exceed the total aggregate amount of $250 for all claims. Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you. 11. Warranty; Disclaimer You are solely responsible for ensuring that only Eligible Adults can view the content on this Website in compliance with COPA. The use of this Website shall be at your sole risk, and by viewing this Website, you assume all risks of viewing the content. We can make no warranty that the content on the Website complies with your local community standards for obscenity, nor can we make any warranty that your use of this Website will not violate any applicable state or federal law. We can make no warranties regarding the information, content, or legal compliance of any third party websites linked to this Website, or with respect to any decision to enter into a business relationship with such third parties. We can make no warranty that your access to the Website will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or that any information will be accurate or complete. We will, however, use reasonable care to provide uninterrupted, bug-free, error-free service. TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. 12. Release of Claims To the maximum extent permitted by applicable law, you hereby release the Website and any recordkeeper, webmaster, model, or other individual affiliated with this Website of any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature arising from or in any way related to this Website. If applicable, you waive your rights under California Civil Code Section 1542, which states, "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." You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. 13. Indemnification By using this Website, you agree to indemnify, defend, and hold harmless this Website, and any recordkeeper, webmaster, model, or other individual affiliated with this Website against any third party claim arising from or in any way related to your use of this Website or any third party websites, including but not limited to any liability or expense arising from any and all claims, demands, losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees. 14. Miscellaneous We reserve the right to discontinue this Website at any time in our sole discretion. You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of this Website. No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege. If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding. The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties' intentions as reflected in the section. If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect. The Terms of Use constitute the entire agreement with you and us with respect to the subject matter set forth herein. The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use. 15. Governing Law; Dispute Resolution These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in New York, New York by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The costs of arbitration, including administrative and arbitrators' fees, shall be shared equally by each of us. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator's award in any court having jurisdiction. If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney's fees. All claims you bring against the Website must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys' fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim. 16. Contact Us In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website, please notify us at info@dirtypantycentral.com. 17. Effective Date These Terms of Use were last modified on April 13th, 2011.