MEMBERSHIP AGREEMENT

As used herein, subscriber shall be referred to as “Subscriber” or “you” and night24.com as “night24.com” or “we.” This Agreement will take effect when a user ID and password is issued to Subscriber by night24.com. Accordingly, all charges for the Service shall commence upon issuance of the user ID and password to Subscriber.

1. Compliance with Laws and Community Standards.

You are familiar with and understand the standards and laws of the community in which you live regarding sexually oriented media. You represent that, based on your familiarity with these standards and laws of your community, by requesting and receiving any of the adult material on night24.com; you will not be violating any of these standards and/or laws. You understand that by accepting the terms of this Agreement, you will hold night24.com harmless from and against any responsibilities related to your requesting, receiving or possessing materials contained on its site.

2. Agreement to View Adult Material.

This website is designed and intended SOLELY for ADULTS – people who are at least 18 years old (or the legal age of majority in the jurisdiction in which you reside)– who are interested in and wish to have access to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature. The materials which are available within this website may include graphic visual depictions and descriptions of nudity and sexual activity and should NOT be accessed by anyone who is younger than 18 years old (or the age of legal majority in the jurisdiction in which you reside) or who does not wish to be exposed to such materials. By purchasing a movie you are making and agreeing to the following statements: “Under penalty of perjury, I swear/affirm that as of this moment, I am an adult, at least 18 years of age (or the age of legal majority in the jurisdiction in which I reside).” “I promise that I will not permit any person(s) under 18 years of age (or the age of legal majority in the jurisdiction in which I reside) to have access to any of the materials contained within this site.” “I understand that when I gain access to this website, I 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. I am voluntarily choosing to do so, because I want to view, read and/or hear the various materials which are available, for my own personal enjoyment, information and/or education. My choice is a manifestation of my interest in sexual matters, which is both healthy and normal and, which, in my experience, is generally shared by average adults in my community. I am familiar with the standards in my community regarding the acceptance of such sexually oriented materials, and the materials I expect to encounter are within those standards. In my judgment, the average adult in my 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.”

3. Fees.

You will be billed a fee in accordance with the designated schedule to gain access to for usage of the services, information and products offered by the night24.com website (the “Service” or “Services”). All sales are final. There will be no refunds, including partial refunds. Also, is no cooling off period.

4. Right to Change Pricing, Content and Terms & Conditions.

You agree that night24.com has the right to change all pricing, website content and these Terms & Conditions at any time. Subscriber should check the Terms & Conditions and pricing periodically for changes. Your continued use of the night24.com website following the posting of any changes shall be deemed as your acceptance of such change(s).

5. Termination or Suspension of Service by night24.com.

night24.com reserves the right, in its sole discretion, to terminate and/or suspend the Service to you or any person without prior notice and for any reason, including, without limitation, if night24.com believes that you have violated or acted inconsistently with the letter and spirit of these Terms & Conditions. You acknowledge and agree that night24.com shall not be liable to you or any third party for any termination or suspension of your access to this website.

6. Disclaimer of Warranties.

You understand and agree that no warranty is made by night24.com regarding the Service, and night24.com hereby expressly disclaims: (1) any and all warranties as to the availability, accuracy or content of available through the Service; and (2) any warranties of merchantability or fitness for a particular purpose. You further understand and agree that any liability of night24.com, its officers, directors, employees, agents or independent contractors, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in destruction, alteration, or use of (or unauthorized access to) records, whether for breach of contract, breach of warranty, negligence or other tortious behavior, shall be strictly limited to the amount paid to night24.com by or on behalf of the claimant for Service membership fees for the month in which the claimed injury or damage occurred. Under no circumstances will night24.com or its officers, directors, employees, agents or independent contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the night24.com website.

7. Computer System Requirements.

You are responsible for providing all personal computer and telecommunications equipment and Internet access necessary to gain access to the website and Services. In the event that you are not able to fully utilize the Service (i.e. due to difficulty downloading images etc.), and said failure is the result of poor performance of your computer system or Internet Service Provider, you shall not be entitled to any refunds of any amounts paid for the Service.

8. User ID and Password.

Access to and use of the Service is through a combination of your user ID and password. Each Subscriber must keep his or her password strictly confidential. For security reasons, night24.com will not release passwords for any reason. Unauthorized access to the Service is a breach of this Agreement and a violation of law.

9.Truthfulness of Information Provided.

You hereby represent and warrant that any and all information provided in subscribing for the Service is complete, truthful and accurate. Subscribership may not be assigned or transferred to any other person or entity. You must promptly inform night24.com of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. night24.com shall not be liable for any losses or damages incurred by you as a result of unauthorized use of the Service. Upon request, you will be given access to billing records that support charges for use of the Service.

10.Prohibited Actions.

You shall not engage in the following actions, which are strictly prohibited: (1) any action that is designed to crack the anti-copy code of any data owned or held by night24.com, (2) the use of material on the Service for any use other than your private, personal use, (3) any action that causes or results in any losses or damages to night24.com or any third party, (4) any action that violates the standards and laws of the community in which you live regarding sexually-oriented media, (5) any action that obstructs the normal utilization of Internet connections to the public, and (6) any other action which is determined to be improper by night24.com.

11.Indemnification.

You agree to indemnify and hold night24.com and its affiliates, and their respective officers, directors, agents, partners, contractors and employees harmless from and against any and all claims, expenses, and demands, including attorneys’ fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this web site, including claims relating to your use of this web site. night24.com reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with night24.com in asserting available defenses.

12.Prohibition Against Copying.

Except for public domain material and electronic messages, all material displayed on the Service is copyrighted and may not be copied, redistributed or downloaded, in whole or in part, without the prior written consent of night24.com, unless otherwise clearly stated in this Agreement.

13. Private Use.

The material on the Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited.

14. NOTICES.

Notices from night24.com to Subscribers may be given by means of e-mail, by general posting on night24.com, or by mail, which may include, but may not limited to, promotions, special offers, and other information about night24.com and/or any other website(s) or business(s) affiliated with night24.com. Furthermore you hereby acknowledge and accept that by submitting a request for membership to night24.com, whether the submission is successful or unsuccessful, that You are subject to receiving such Notices from night24.com, and/or any other website(s) or business(s) affiliated with night24.com. Communications from You to the Company may be made by e-mail, mail or telephone.

15. This Agreement

This Agreement contains the entire agreement between the Subscriber and night24.com regarding the use of the Service, and supersedes all prior written and oral understandings and writings, and may only be amended upon notice by night24.com to Subscribers. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its terminations. The Agreement shall be governed by the laws of the CA USA.