Webmaster Representations and Warranties.
You represent and warrant to HentaiKey.com and agree as follows:
(i) that YOU shall be solely responsible for all decisions and all liability with respect to the selection and use of graphic, photographic, video, audio, literary content or any other content of any kind which is displayed or disseminated by and through YOUR Web Sites;
(ii) that YOU shall be solely responsible for all decisions and all liability with respect to permitting or denying access to and membership in YOUR Web Sites, including without limitation the criteria for permitting or denying access to and membership in the YOUR Web Sites;
(iii) that YOU shall be solely responsible for all decisions and all liability with respect to geographical areas where YOUR Web Sites or the content of YOUR Web Sites are permitted to be accessed or downloaded;
(iv) that YOU shall be solely responsible for all decisions and all liability relating to compliance with all state and federal laws and regulations governing the sale, distribution, dissemination and advertising of adult content which is displayed, distributed, sold or advertised in or through YOUR Web Sites,;
(v) that YOU shall not display or include in YOUR Web Sites any content that infringes one or more patents, copyrights, trademarks, or other intellectual property rights (including trade secrets), privacy, publicity or other rights of any personor entity, or that violates any state of federal obscenity, harmful matter or child pornography laws;
(vi) that YOU shall be solely responsible for obtaining and properly maintaining all records or information that may be required under the Record Keeping provisions of 18 USC 2257.
You further represent and warrant to HentaiKey.com and agree
that your site shall not display, publish, link to, or provide
access to any pictures, stories, video clips or any other
media portraying any content
that is deemed illegal in the United States, or that violates the personal or property rights, such as, without limitation, the following:
(i) any material that violates any State or Federal laws concerning obscenity; in connection therewith you agree to assume the sole responsibility and duty to ensure that all material on your Web Sites shall be transmitted exclusively to willing adults and only to geographical locations in which such materials comply with local contemporary community standards;
(ii) any material that is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;
(iii) any material which constitutes child pornography, i.e., any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations (ANY WEB SITE FOUND TO POSSESS OR DISPLAY ANY CHILD PORNOGRAPHY WILL BE REPORTED IMMEDIATELY TO THE APPROPRIATE LAW ENFORCEMENT AGENCIES);
(iv) any material which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of age regardless of the persons actual age), or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc.
(v) any photographic or other visual material that does not fully comply with the federal labeling and record-keeping laws, specifically 18 U.S.C section 2257;
(vi) any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
(vii) any material which constitutes an infringement, misappropriation or violation of any persons intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights;
(viii) any false, misleading, fraudulent or deceptive content;
(ix) any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.
11. You understand and agree that if HentaiKey.com concludes, in its sole and absolute discretion, that a participating Web Site contains content that HentaiKey.com concludes is illegal or that violates the personal or property rights of others, HentaiKey.com has reserved the right, without prior notice, to remove the Web Site and any of its content from its Links Page and to immediately terminate and de-activate the account of the participating Web Site.
12. You agree that when and if your site is going to be temporarily unavailable, it is your sole responsibility to e-mail support at webmaster@HentaiKey.com with an estimated length of downtime so HentaiKey.com may arrange to keep your account open during the duration of your downtime.
13. You acknowledge that you understand that it is HentaiKey.coms policy and practice regularly to check the Links pages for bad links. If HentaiKey.com comes across a site that we cannot access, or if we cannot locate the HentaiKey.com script - that link will be removed from the Links pages. You further understand and agree that after a period of 60 days of inactivity, webmasters shall automatically lose claim on any reoccurring commissions owed to them, and that any commissions or payment(s) otherwise due to a web master of an inactive site will thereupon automatically be forfeited and shall be the sole property of HentaiKey.com.
14. You understand and agree that the name of your Web Site on our Links Page must match the name displayed on your Web Site. You may not add numerical or non-alphanumerical characters to your Web Site name to get listed higher in the Links pages. You further agree that Web Site names may be changed at our discretion.
15. You understand and agree that only sites using the HentaiKey.com script to protect their site or a portion of their site will belisted on the Links Pages.
16. You understand and agree that if your Web Site is seen with blind links (leading to HentaiKey.com) on your Web Site will be removed off of our links pages without warning.
You understand and agree that if your Web site is seen with
blind links to the sign-up pages and HentaiKey.com concludes,
in its sole and exclusive discretion, that you are abusing
our webmaster programs, your participation and listing in
the HentaiKey.com Webmaster Links Page and Search Engine can
be immediately terminated by HentaiKey.com without any prior
notice to you.
Upon such termination, you will lose all claims on any reoccurring commissions owed to you and any commissions or payment(s) otherwise due to you will be forfeited and automatically become the sole and exclusive property of HentaiKey.com.
18. You understand and agree that Web Sites that only participate in the Banner Program will not be listed on the Links Page.
You understand and agree that if HentaiKey.com concludes you
have broken or violated any of these policies, HentaiKey.com
reserves the right, in its sole and absolute discretion, to
terminate your participation in the HentaiKey.com program
Upon termination, you will lose all claim or right to any reoccurring commissions to which you might otherwise be entitled as a participating member of the HentaiKey.com program or network and all such commissions will be forfeited and automatically
become the sole and exclusive property of HentaiKey.com.
20. Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY (OR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTYS RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF BUSINESS, OR OTHER ECONOMIC DAMAGE, AND FURTHER INCLUDING INJURY TO PROPERTY, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. EACH PARTY ACKNOWLEDGES THAT THE FOREGOING PROVISIONS REFLECT AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT, THAT SUCH VOLUNTARY RISK ALLOCATION WAS A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES, AND THAT THE ECONOMIC AND OTHER TERMS OF THIS AGREEMENT WERE AGREED TO BY THE PARTIES IN RELIANCE ON SUCH VOLUNTARY RISK ALLOCATION
Either party shall be excused from delays in performing or
from its failure to perform hereunder to the extent that such
delays or failures result from causes beyond the reasonable
control of such party, including, without limitation, acts
of God, nature, any government agency(ies), war, civil disturbance,
labor disputes or shortages, electrical or mechanical breakdowns,
inability or refusalof a common carrier to provide communications
capabilities, or any other cause beyond either partys
including but not limited to, the issuance of an order by any regulatory, administrative, judicial or legislative prohibiting or interfering with either party from carrying on its day-to-day operations as contemplated under this Agreement.
22. Nothing in this Agreement shall constitute or be construed to constitute or tending to create an agency, partnership, joint venture, master-servant or employer-employee relationship between HentaiKey.com and You, in any respect, anyother provision of this Agreement notwithstanding.
No delay or omission by either party hereto to exercise any
right or power occurring upon any noncompliance or default
by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed
to be a waiver thereof. The terms and conditions of this Agreement
may be waived or amended only in writing and only by the party
that is entitled
to the benefits of the term(s) or condition(s) being waived or amended. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
Arbitration Provision, Governing Law, Consent To Jurisdiction
& Venue. Any controversy or claim arising out of or relating
tothis Agreement, or the breach thereof, shall be settled
by arbitration in Miami in accordance with the Commercial
of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court of the State of Florida having jurisdiction thereof. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to the choice of law provisions thereof. All aspects of all actions brought relating to the subject matter of this Agreement shall be governed by Florida law, without reference to the choice of law provisions thereof.
In the event that any claim or controversy regarding this
Agreement is litigated in court, the parties hereto hereby
consent to the exclusive jurisdiction and venue of the United
States District Court for the Central District of Florida
or the Superior Court of Dade County for any action that may
be brought in connection with this Agreement other than a
cross-claim for indemnification brought in response to a claim
of infringement filed in another court. In the case of a cross-claim
for indemnification, Consultant agrees to be subject to the
jurisdiction and venue of the court in which the infringement
claim is brought, provided
that LFP is also subject to jurisdiction and venue in that court.
25. Each party to this Agreement acknowledges that this Agreement constitutes the entire Agreement of the parties with regard to the subject matters addressed in this Agreement, that this Agreement supersedes all prior or contemporaneous agreements, discussions, or representations, whether oral or written, with respect to the subject matter of this Agreement, and that this Agreement cannot be varied, amended, changed, waived, or discharged except by a writing signed by all parties hereto. Each party to this Agreement further acknowledges that no promises, representations, inducements, agreements, or warranties, other than those set forth herein, have been made to induce the execution of this Agreement by said party, and each party acknowledges that it has not executed this Agreement in reliance on any promise, representation, inducement, or warranty not contained herein.
26. If any provision of these Terms and Conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
27. You may notify or contact HentaiKey.com by email at webmaster@HentaiKey.com