Media Stars Terms of Use

TERMS OF USE

Effective Date: August 1, 2013

  1. Preamble and General Principles
    1. These terms of use describe the code of conduct that
      Media Stars LLC (d/b/a/ Fetish Pros (located at 3540 West Sahara Ave #678 Las Vegas NV 89102), and all of its properties operated under this name, hereinafter known as “Fetish Pros,” requires of all end-users of Fetish Pros’s Internet services (the “Services”) – those who access some of our Services but do not have accounts (“Visitors”) as well as those who pay fees to gain access to the Services (“Members”) – information and guidelines relating to Visitor and Member (“User”) participation within Fetish Pros’s online communities, and the consequences of any user misconduct within them. Fetish Pros requests that you read these terms and conditions carefully.
    2. Your use of Fetish Pros’s services and/or order of products through Fetish Pros’s websites constitute your acceptance of these Terms of Use. If you do not agree to abide by these Terms, you are not permitted to access Fetish Pros’s services or order products.
    3. Fetish Pros’s websites link to other websites that have their own specific Terms of Use or Terms of Service, which you also agree to accept by using those websites and/or ordering products.
    4. Fetish Pros’s services contain materials of an adult, sexually explicit nature. You agree and affirm that you are not offended by adult, sexually explicit materials and wish to view such materials.
    5. You agree and affirm that you are of legal age (18 years old in most jurisdictions, 21 in others) to purchase adult, sexually explicit materials in your jurisdiction. You agree and affirm that you are accessing and viewing Fetish Pros’s services from a location and jurisdiction where the access and use of these adult, sexually explicit materials is not prohibited by law. You agree and affirm that you will not make the products purchased from or otherwise accessed by you from Fetish Pros or its related websites available to minors or to any person that does not wish to view adult, sexually explicit materials. You agree and affirm that the products you purchase are for use and viewing in the privacy of your own home and will not be used for public display or be made available for public display.
    6. Fetish Pros does not make any warranties as to fitness for any particular use nor does Fetish Pros make any warranties as to the accuracy of descriptions of the products.
    7. The text, images, graphics, logos, illustrations, icons, data, scripts, programs, software, music, sound, videos and other materials that are shown on Fetish Pros’s websites, delivered to you or otherwise made available through Fetish Pros’s services are copyrighted by Fetish Pros and/or the respective intellectual property owner. You agree not to duplicate, upload, distribute, reproduce, modify, display, post, transmit, sell or otherwise exploit or share the materials, videos, and other intellectual property from Fetish Pros or third party providers. All content is copyrighted and protected under US and international copyright law. You are granted a limited license to view the content of the products and Fetish Pros in the privacy of your own home only, and for personal use only. This limited license terminates if you breach any of these Terms.
    8. You agree to indemnify Fetish Pros and all third parties that are linked to Fetish Pros and Fetish Pros’s services, and all subsidiaries, affiliates, officers, agents, partners, and employees from any claims or demands made by any third party due to or arising from your use of Fetish Pros’s services, purchase of materials from Fetish Pros or any third parties linked from Fetish Pros services, or use of any materials purchased or rented from Fetish Pros or third parties linked from Fetish Pros services.
    9. Your use of Fetish Pros’s services is at your own risk. Fetish Pros’s services and all websites linked from it are provided “AS IS” and on an “AS AVAILABLE” basis. The content and materials are provided “AS IS” and no warranties are made of any kind. Fetish Pros disclaims all warranties, express or implied, or any kind, including any implied warranty of merchantability, fitness for any purpose, or non-infringement. Fetish Pros makes no representations, guarantees or warranties as to the quality, accuracy, suitability, truth or completeness of any portion of this website or any materials or information made available through Fetish Pros’s services. Any references to any real person, living or dead, are purely coincidental. Fetish Pros and its suppliers are not liable for the accuracy or completeness of any of the materials available through Fetish Pros’s services.
    10. Fetish Pros makes no guarantee that the services will operate in any certain way or on any particular platform, software, browser, or hardware. Fetish Pros makes no guarantee that the materials are acceptable or legally viewable in any jurisdiction or that the materials will meet your expectations or satisfaction. Any use of Fetish Pros services is at your own risk and you are solely responsible for any damage to your computer hardware or software or loss of data that occurs during your use of the website regardless of fault, including damage or loss due to viruses, Trojans, or other malware.
    11. No advice or information obtained through Fetish Pros’s services will create any warranty and employees of Fetish Pros or third party contributors are not authorized to alter these terms.
    12. To the extent allowable, Fetish Pros is not liable for any direct, indirect, incidental, consequential, punitive, exemplary or consequential damages that may occur from your use of Fetish Pros’s services or any purchase, use or viewing of the materials available on these websites, including but not limited to loss of use, loss of profits, revenue, data, or any other loss you may incur however caused and regardless of fault.
    13. You are solely responsible for adequate protection and backup of your hardware, software, data, and equipment used to view this website or access Fetish Pros’s services.
    14. You agree to hold Fetish Pros, its suppliers, third party affiliates, officers, partners, and employees harmless from any claims based on use of the website or materials obtained through Fetish Pros’s services whether in contract, tort, negligence, or otherwise to the extent permitted by law.
    15. Fetish Pros respects your desire for privacy. Our privacy policy is linked to from the bottom of every Fetishpros.net website’s home page. By using Fetish Pros’s services, you are consenting to our use of your information according to the privacy policy in place at the time you use the website. Fetish Pros may store your information and information regarding your use of Fetish Pros’s services indefinitely. You may be redirected to third party websites, including third party billing companies, during your use of Fetish Pros’s services. Information that you provide to any third party website is subject to the privacy policy of those websites. You should read and understand the privacy policies of each website before using Fetish Pros’s services or entering any information.
    16. You are not permitted to violate the security of Fetish Pros’s services or access or attempt to access any data not intended for users of Fetish Pros services. You are not permitted to access or log onto any server or account without specific authorization to do so. You are not authorized to scan, probe or test the vulnerability of Fetish Pros services, websites, servers, or account security or authentication procedures. You are not permitted to interfere with the operation of Fetish Pros’s services or its servers. You are not permitted to submit or attempt to submit viruses, Trojans, or malware of any kind. You are not permitted to attempt to overload, flood, spam, mailbomb, or crash the website or servers. You are not permitted to access any part of this website or its servers other than access granted to ordinary users. Violation of these conditions will result in termination of your authorization to use Fetish Pros’s services and may result in civil liability or criminal investigation. Website will cooperate with law enforcement investigators to determine if criminal activity has occurred and cooperate with any prosecution. Notwithstanding other remedies, and without waiving any right to any other remedies
    17. These Terms constitute the entire agreement between you and Fetish Pros and govern your use of Fetish Pros’s services, superseding any prior agreements, written, oral, or otherwise, including, but not limited to, prior terms of use. You may also be subject to additional terms as these Terms are updated and you are subject to the terms of third party websites that you may navigate to from Fetish Pros’s services. You may not assign or transfer your user name, password, rights, or login information to any other party.
    18. Any breach of these Terms could result in harm to properties for which monetary damages would be an inadequate remedy, and therefore, in addition to the remedies otherwise available, including monetary damages, Fetish Pros will be entitled to equitable relief, including but not limited to injunction, costs, and attorney’s fees associated with Fetish Pros enforcing its rights against you.
    19. You agree to subject yourself to the personal jurisdiction, laws and courts of
      Oakland, California, in the event of a suspected breach of these Terms.
    20. You agree to abide by all laws, including international import and export laws and to refrain from using Fetish Pros’s services or purchasing products that may be in violation of any laws.
    21. The failure of Fetish Pros to enforce any of these Terms does not constitute a waiver thereof. If any of these Terms is held to be unenforceable or invalid, you agree that the remaining Terms continue to be binding and enforceable.
    22. Fetish Pros, in its sole discretion, may terminate your use and access of its services at any time and for any reason, or no reason if it believes you have violated any of the terms of use. Any termination may occur without notice to you and Fetish Pros may immediately deactivate or delete your account. Fetish Pros will not be liable to you or any third party for any reason upon termination of your account.
  1. Revisions to this Policy
    1. You agree that these Terms may be modified or amended at any time and in any manner, and that you accept the updated Terms at the time they are published on this website. Each time you use
      Fetish Pros’s services you agree to the Terms as published. You should periodically check for
      any modifications of these Terms by re-visiting this web page and using the “refresh” button on the user’s browser. You should note the date of last revision to these Terms, which appears at the top of this page. If the “last modified” date remains unchanged after the user has clicked the
      “refresh” button on his/her browser, the user may presume that no changes have been made since the last reading of the Terms. A changed “last modified” date indicates that these Terms have been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
  1. Copyright Infringement
  • In order to post any photo, graphic, audio or video content to Fetish Pros’s websites or forums, you must act in accordance with the following declarations:
      1. You represent and warrant that you own or otherwise have all necessary rights, including but not limited to copyrights, in all content that you submit to Fetish Pros’s sites, and that you have secured all third party consents, licenses, waivers and permissions necessary to submit such content.
      2. You represent and warrant that the content submitted by you will not infringe upon or misappropriate any rights of others, including, without limitation, any copyrights, trademarks, trade secrets or other intellectual property rights, rights of publicity, rights of privacy, moral rights or any other proprietary rights of third parties, or violate any applicable law, statute, ordinance or regulation.
      3. YOU AGREE TO INDEMNIFY AND HOLD Fetish Pros HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING OUT OF, RESULTING FROM OR RELATED TO ANY BREACH BY YOU OF THESE POSTING GUIDELINES.
      1. Please understand that Fetish Pros’s Terms of Use indicate that repeat infringers or those who misrepresent copyright on posted material may have their access to Fetish Pros’s sites permanently rescinded.
      1. Copyright Infringement Take-down Notification:
          1. If you believe that work published at Fetish Pros infringes upon an existing copyright, send written notification that includes the following elements, pursuant to Title 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act. Please consult your legal counsel for specific requirements.
            1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
            2. The URL of copyrighted work allegedly infringed, or if multiple works are allegedly infringed, a representative list.
            3. Your Fetishpros.net username, mailing address, telephone number, and email address at which you may be contacted.
            4. A statement that you believe in good faith that use of the material is not authorized by the copyright owner or otherwise under the law
            5. A statement that the information in your communication is accurate under penalty of perjury, and that you as the complaining party are authorized to act on behalf of the owner of the copyright allegedly infringed.
          1. Copyright Infringement Notices should be mailed, faxed or emailed to
            Fetish Pros’s designated Copyright Agent at the following address:

Attn: Copyright Agent
3540 West Sahara Ave #678
Las Vegas NV 89102
Email: [email protected]

          1. If you send notification by email, please include “Copyright Notification” as the subject line
          2. If you are not sure whether the material infringes someone else’s copyright, please contact an attorney before contacting Fetish Pros. Title 17 U.S.C. 512(f) of the Digital Millennium Copyright Act establishes that any person who knowingly misrepresents that material is infringing upon a copyright may be subject to liability.
      1. Copyright Infringement Counter-Notification
          1. If you have posted material to Fetish Pros’s sites that has been removed due to alleged copyright concerns, and you believe that the material has been removed in error, please send a written communication with the elements listed below, pursuant to Title 17 U.S.C. 512(g)(3) of the Digital Millennium Copyright Act:
            1. The URLs of items that have been removed.
            2. Your address, telephone number, and email address at which you may be contacted.
            3. Your Fetishpros.net username.
            4. A statement that you swear, under penalty of perjury, that you believe in good faith that the material was removed as a result of a mistake or misidentification
            5. Your physical signature, a scanned physical signature or a valid electronic signature.
          1. Copyright Infringement Counter Notifications should be mailed, faxed or emailed to
            Fetish Pros’s designated Copyright Agent at the following address:

Attn: Copyright Agent
3540 West Sahara Ave #678
Las Vegas NV 89102
Email: [email protected]

        1. If you send by email, please include “Copyright Counter-Notification” as the subject line.
        2. If you are not sure whether the material infringes someone else’s copyright, please contact an attorney before contacting Fetish Pros. Title 17 U.S.C. 512(f) of the Digital Millennium Copyright Act establishes that any person who knowingly misrepresents that material was removed by mistake may be subject to liability.
        3. Your personal information will be forwarded to the person who filed the original copyright notification. The claimant must notify Fetish Pros within 10 days of legal action, in which case Fetish Pros will not restore the material. If we do not receive such notice Fetish Pros may restore the material at its sole discretion.
        4. The details outlined in this subsection are for information purposes only. They are not intended to convey legal advice. Please consult your attorney for any matters relating to copyright protection or counter-notification.
        5. User Misconduct
        6. Failure to comply with any of the above Terms and conditions or heed Fetish Pros’s warnings to cease or remove inappropriate behavior or material may result in the deletion of your posts, the denial of your forum access, or even the total restriction and/or nullification of your user account.
    1. Fetish Pros has the right (but not the obligation) to review any content that you have submitted to our sites or forums, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, to have violated any of the following conditions:
      1. does not comply with the above outlined “User Participation Guidelines”
      2. might violate any law, infringe upon any rights of third parties, or subject
        Fetish Pros to liability for any reason
      3. might adversely affect Fetish Pros’s public image, reputation or goodwill
      4. should be taken down for any other reason deemed
        appropriate by Fetish Pros
      5. Billing Questions : Our FAQ covers most billing questions.
      6. If you have any questions about Fetish Pros’s Terms of Use or the practices or policies described herein, you may contact our Customer Service Department at [email protected]
    1. The details outlined in this subsection are for information purposes only. They are not intended to convey legal advice. Please consult your attorney for any matters relating to copyright protection or counter-notification.
  1. User Misconduct
    1. Failure to comply with any of the above Terms and conditions or heed Fetish Pros’s warnings to cease or remove inappropriate behavior or material may result in the deletion of your posts, the denial of your forum access, or even the total restriction and/or nullification of your user account.
    2. Fetish Pros has the right (but not the obligation) to review any content that you have submitted to our sites or forums, and to reject, delete, disable, or remove any content that we determine, in our sole discretion, to have violated any of the following conditions:
    3. does not comply with the above outlined “User Participation Guidelines””
      1. might violate any law, infringe upon any rights of third parties, or subject Fetish Pros to liability for any reason
      2. might adversely affect Fetish Pros’s public image, reputation or goodwill
      3. should be taken down for any other reason deemed appropriate by Fetish Pros
  1. Billing Questions
    1. Our FAQ covers most billing questions.
    2. The nature of the product, downloadable videoclips, makes that no purchase can be refunded.
    3. Should a refund be issued by Fetish Pros all refunds will be credited solely to the payment method used in the original transaction. Fetish Pros will not issue refunds by cash, check, or to another credit card or payment mechanism. You may cancel your subscription by visiting SegPayCS.com or contacting [email protected]
  1. Where to Direct Questions regarding Fetish Pros’s Terms of Use Policy
    1. If you have any questions about Fetish Pros’s Terms of Use or the practices or policies described herein, you may contact our Customer Service Department at [email protected]