END USER LICENSE AGREEMENT (EULA)

Licensor: Cybersales Holding B.V / www.adultcontent.nl

 

This agreement is a legal and binding agreement (hereafter referred to as “agreement”) by and between, Cybersales Holding B.V, Vechtstraat 12, 5347 KP, OSS, The Netherlands (hereafter referred to as “Licensor”) and CUSTOMERNAME  (hereby referred to as “You” or “Licensee”). By downloading or using the content that you leased when this agreement was issued, you agree to be bound by the terms of this non-exclusive agreement.

1. Grant of Non-Exclusive License

1.1 Licensee is granted permission to display the content on the World Wide Web (Internet) on all licensee’s web sites and on additional Sites as specified in this agreement for an UNLIMITED (perpetual) time period (exception Studios are: Private 3 years, Playhouse 5 years, Videorama & Puaka 5 years. All with 50% renewal fee after this period). Licensee may not resell or lease the content covered under this agreement to any other parties.

1.2 Licensee is granted permission to use the content covered under this agreement for web site design purposes and creation of banner advertising as well as for download by licensee’s web site visitors.

1.3 This License does NOT grant permission for licensee to use any Cybersales Holding BV content for any purpose other than the World Wide Web. This license does not grant permission to use the content for print purposes or any other mediums other than display on the internet.

2. Copyright - Licensor retains ownership of all content and maintains copyright of all content. This license does not transfer ownership but it allows licensee to use images during the life of this agreement. The price of the content is for licensing only, not for purchase. The ownership of the content shall remain to the licensor indefinitely.

3. License is Non-Transferable – The license granted herein to Licensee is not transferable to other parties without the written permission of Licensor.

4. Agreement Not To Reproduce – Licensee agrees not to reproduce this content except as provided in this agreement.

5. Restrictions – Licensee may not rent, sell, lease, sublease, lend, sublicense, trade, give-away, transfer or create derivative works based upon our content in whole or in part without the written permission of Licensor.

5.1 Licensee acknowledges that he/she is solely responsible for where the content is viewed or downloaded and agrees to maintain this agreement. Licensee understands that this agreement does not include the right to broadcast, transmit, distribute, disseminate or permit the content to be viewed or downloaded by minors or adults residing in jurisdictions where the content may violate the community standards of the residence. Licensee shall take all reasonable measures to restrict viewing or downloading to only those persons who are legally able to view such material.

5.2 Licensee acknowledges that he or she is over the legal age of 18 years and all persons who shall come into contact with this content is also over the age of 18. Licensee further acknowledges that this content is legal to view or download in licensee’s residence and that the licensee and all persons who shall view or work with this content are also of legal age.

6. Breach of agreement:

If the licensee breaches any material provision of this agreement, licensor may terminate and revoke this agreement and all rights granted under this agreement upon written notice to licensee. The effective date of the termination and revocation shall be 5 days after written notice of the breach unless the breach is corrected within that period to the satisfaction of the licensor. Upon breach of this agreement, licensee shall immediately cease using any content and shall remove all design elements, images, and banner/graphic designs immediately from the World Wide Web.

7. Warranties and Representations by Licensor

7.1a Licensor warrants that all models appearing in the content were eighteen years of age or older at the time the photographs or
videos were made and that the licensor has contracts with the content providers/photographers/cameramen/distributors that they
have these ID records and model releases in their offices. These documents can and will not be made publicly by us to protect the
models identity, address and real name as is the law in some countries where the productions were shot and by our choice too. In
the event any authorities have reason to believe a model is below 18 years, we then will request the ID & model releases from the
producers against a to be arranged hourly fee for all the paperwork and man hours. This we can solely in the case you can show us
a written request from the government.

7.1b In some cases (upon request only) we warrant that all models appearing in the content were eighteen years of age or older at
the time the photographs or videos were made and that the licensor has complied with all record keeping requirements in
accordance with NEW 18 USC 2257 as of June 23rd 2005. Please note that this not goes for ALL content. We have to manually check each video / title first before you buy it.

7.2 Licensor warrants that it owns the copyright of the content or possesses the intellectual property rights to permit the licensor to grant the licensee the rights within contained this agreement.

7.3 Licensee acknowledges and agrees that except for the specific warranties and representations set forth in paragraphs 7.1 and 7.2 of this agreement, licensor makes no other warranties, guarantees, or representations. Licensee understands that he/she is using the content at the licensee’s own risk. Licensor disclaims all other warranties, either written or implied including, but not limited to, marketability and fitness for any specific purpose with regards to the usage of the content and the web site or text that may accompany it. There is no joint venture or relationship of any kind between the licensee and licensor.

8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES

To the maximum extent permitted by law, in no event shall the licensor be liable for any damages whatsoever (including, without limitation, damages for loss of business, profit loss, business interruption, loss of business information, or any other incidental or consequential damages or any other pecuniary loss) arising out of the use or inability to use the content, even if licensor has been advised of the possibility of such damages. In any case, licensor’s entire liability under any provision of this agreement shall be limited to the greater amount actually paid by licensor for the content or U.S. $5.00. Since some states or jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

9. Licensee’s sole remedy
Licensor’s entire liability and the licensee’s exclusive, sole remedy shall be a partial refund of the licensing fee(s) paid to licensor.

10. Governing Law
Licensor and Licensee mutually agree that this agreement and all legal rights, obligations, and duties arising by virtue of this agreement, shall be governed by the laws of The Netherlands. In case of any litigation regarding this agreement, licensee agrees that the venue for such litigation shall be, depending on the subject matter of the dispute, either the courts of The Netherlands.

11. (Additional) Sites where the content will be used:

URL: ______________________________________

URL: ______________________________________

URL: ______________________________________

URL: ______________________________________

URL: ______________________________________

URL: ______________________________________

URL: ______________________________________

URL: ______________________________________

URL: ______________________________________

(more urls are possible, please list them seperatly if there are many)

 

12. Sets/Films/titles Covered:

Sets/Films: _______________________________________________________________

Sets/Films: _______________________________________________________________

Sets/Films: _______________________________________________________________

Sets/Films: _______________________________________________________________

Sets/Films: _______________________________________________________________

Sets/Films: _______________________________________________________________

Sets/Films: _______________________________________________________________

Sets/Films: _______________________________________________________________

Sets/Films: _______________________________________________________________

Sets/Films: _______________________________________________________________

Sets/Films: _______________________________________________________________

 

Acceptance of Agreement:

Family Name   :          _____________________________

Function           :          _____________________________

Company name:          _____________________________

Adres              :          _____________________________

Postcode         :          _____________________________

City                 :          _____________________________

Country           :          _____________________________

Vat number      :          _____________________________ (if applicable)

Phonenumber   :          _____________________________

Fax number      :          _____________________________

Emailadres       :          _____________________________

 

Signature: _____________________________ Date: __________________________

 

This agreement is only valid when ALL payments and/or installments have been received by us and this agreement has been signed and returned to us by fax  +31-412-614645 or scanned & emailed: sales@adultcontent.nl