Terms and Conditions

Please read the following User Agreement carefully before using the KenMarcus.com website.

Please refer to the "Last Updated" information located at the end of this document to determine if the terms & conditions of this Agreement have been modified and/or amended since your last visit.

Ken Marcus Studios, Inc. (together with any first-person plural pronouns thereof) provides this website (together with any website-related services and/or materials, the "Site") subject to your compliance with the terms and conditions set forth in this User Agreement (the "Agreement"), which governs the relationship between Ken Marcus Studios, Inc. and you, the Site visitor, with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. At any time and at our sole discretion, Ken Marcus Studios, Inc. may revise, modify or otherwise update this Agreement by posting an amended version hereof on the Site. Any changes that we make to this Agreement will be effective immediately upon posting. It is your responsibility to periodically check this page for any amendments to this Agreement.

By using the site, you agree to be bound by terms and conditions of this Agreement (including any changes, amendments and/or modifications thereto) as they exist at the time of any such use. If you do not agree to these terms and conditions, you are not authorized to use the Site.

Your usage of the Site is subject to and conditioned upon your full compliance with any and all applicable laws, rules and regulations related thereto, including, but not limited to, the following rules of conduct:

• You may not use the Site for any fraudulent or unlawful purpose.
• You may not interfere with or disrupt the operation of the Site.
• You may not transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, or other harmful code.
• You may not restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
• You may not interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or users, or representatives identified on the Site, without their express consent..
• You may not sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the Site or its contents.
• You may not modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Materials.
• You may not frame or mirror all or any portion of the Site without our prior express written authorization.
• You may not impersonate any person or entity, including, but not limited to, any Site employee, agent, or representative; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
• You acknowledge and agree that the Site (including any and all content contained therein) constitutes Ken Marcus Studios, Inc. intellectual property, and as such, is protected by copyright, trademark and/or other proprietary rights and laws. Except as expressly authorized herein or by separate written agreement with Ken Marcus Studios, Inc., you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of its content. Subject to your full compliance with this Agreement and acceptance of the terms and conditions hereof, Ken Marcus Studios, Inc. grants to you the following limited, personal, revocable, non-transferable license (without the right to sublicense): (i) to access the Site via the Internet solely for purposes of viewing posted content and using any free services contained therein; and (ii) to print out pages of the Site for your personal, non-commercial use.

All materials, including messages, and other communications, contained at KenMarcus.com are intended for distribution exclusively to consenting adults in locations where the materials, messages and other communications contained at KenMarcus.com do not violate any community standards or any federal, state or local law or regulation of the united states or any other country. No persons under the age of eighteen (18) years (or twenty-one (21) in certain jurisdictions in which twenty-one (21) is the age of majority) may directly or indirectly view or possess any of the contents of KenMarcus.com or place any orders for any goods or services advertised at or in KenMarcus.com. You hereby acknowledge that materials presented at and/or downloadable from KenMarcus.com include explicit visual, audio, and/or textual depictions of nudity and heterosexual, bi-sexual, homosexual, and transexual situations of a sexual nature, that you are familiar with materials of this kind, and that you are not offended by such materials. You hereby further affirm and warrant that you are currently over the age of eighteen years (or over the age of twenty-one years in certain jurisdictions in which twenty-one is the age of majority) and are capable of lawfully entering into this agreement.

In consideration of the payment of subscription fees, together with certain representations and agreements made by You under the terms and conditions of this Agreement, and subject to the terms and conditions set forth in this Agreement, KenMarcus.com hereby grants You a limited, nonexclusive and nontransferable license to use Material, as provided by KenMarcus.com during the period in which You are a subscriber in good standing. You may use the Material only in accordance with the terms and conditions of Your membership, only on one computer at a time and, if downloadable copies of the Material are made available by KenMarcus.com, You may make only a single copy of such Materials for Your own personal use and enjoyment. This license does not grant You any rights to the material or to any software enhancements or updates of any kind, except as set forth in this Agreement. You may make no use of the Material not expressly authorized herein or by prior express written authorization from Company. Prohibited uses of the Material include, without limitation:

• Permitting other individuals to directly or indirectly use the Material;
• Modifying, translating, reverse engineering, decompiling, disassembling the Material (except to the extent applicable laws specifically prohibit such restriction);
• Making copies or creating derivative works based on the Material, except as provided herein;
• Renting, leasing, or transferring any rights in the Material;
• Removing any proprietary notices or labels on the Material; and,
• Making any other use of the Material.

You hereby agree that, upon Your subscription to KenMarcus.com, You shall be subject to certain immediate and automatically recurring charges which shall be billed to Your credit card, unless You cancel Your subscription under the terms and conditions of this Agreement. The charges which You will incur, and hereby authorize, are as follows:

• All recurring Memberships shall renew, automatically and without notice, for successive periods of either one (1) month or three (3) months continuing thereafter for successive periods of approximately one (1) month or three (3) months, unless and until this Agreement is canceled or modified by You or KenMarcus.com in accordance with the terms hereof. Non-recurring memberships shall be in a period of approximately five (5) months, unless and until this Agreement is canceled or modified by You or KenMarcus.com in accordance with the terms hereof. Each period of either recurring or non-recurring memberships shall be referred to as the "Subscription Period."
• To cancel automatic renewal of your membership at any time, you may cancel yourself by clicking on the Manage My Subscription link, or by emailing our billing department at support@ccbill.com
• You hereby authorize the Company to charge Your credit card (which You hereby acknowledge was entered by You into the sign-up page) to pay for the ongoing Subscription Fees to KenMarcus.com at the then current Subscription Rate.
• All charges to Your credit card or debit card for the Monthly Membership, under the terms and conditions of this Agreement, will be made in advance by automatic credit card or debit card debit and you hereby authorize KenMarcus.com and its agents to process such transactions on Your behalf.
• Any abnormally high bandwidth overages attributed to your membership account will be automatically billed the following month to your current method of payment.

You hereby agree not to report, as lost or stolen, any credit card or debit card which You have used in connection with any payment to KenMarcus.com, or as unauthorized, any charge for any goods or services, including for any Monthly Subscription, for which You do not have good reason to believe is, in fact, lost, stolen or unauthorized.

Subscriptions may not be assigned or transferred to any other person or entity. You must promptly inform our credit card processor of any and all of the following: changes in the expiration date of any credit card or debit card used in connection with KenMarcus.com; change to Your name, the postal/zip code for Your billing address, or e-mail address; apparent breaches of security, such as loss, theft, unauthorized disclosure or use of an ID or Password. Until our credit card processor is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of KenMarcus.com.

Ken Marcus Studios, Inc.'s trademarks, trade names and service marks include, without limitation, "Ken Marcus Studios, Inc.", "KenMarcus.com" and the Ken Marcus Studios, Inc. logo. All trademarks, trade names and service marks on the Site that are not owned by Ken Marcus Studios, Inc. are the property of their respective owners. The trademarks, trade names and service marks owned by Ken Marcus Studios, Inc. or its affiliates, whether registered or unregistered, may not be used in connection with any product or service in any manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting (whether by implication, estoppel or otherwise) any right or license to use any of Ken Marcus Studios, Inc. 's trademarks, trade names or service marks without our express written permission.

You agree to defend, indemnify and hold harmless Ken Marcus Studios, Inc., its affiliates and its licensors (and each of their respective partners, employees, representatives and agents) from and against all claims, losses, costs, damages, liabilities, and expenses (including attorney's fees) relating to or arising from your use of the Site, including, but not limited to: (i) any violation of this Agreement; (iii) any improper or unauthorized use of the Materials by you; and/or (iv) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.

Any and all materials and/or services on the Site are provided to you on an "as is" basis, without any warranties of any kind, whether express, implied, or statutory. Ken Marcus Studios, Inc., its affiliates and its licensors hereby disclaim any and all warranties arising from or relating to your use of the Site and/or reliance upon any information therein (e.g., any search results, information or third-party content), including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement of third-party intellectual property rights. Ken Marcus Studios, Inc., its affiliates and its licensors will not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages of any kind, under any contract, negligence, strict liability, or other theory, including but not limited to damages for loss of profits, use, data, or other intangibles, regardless of any advance knowledge of the possibility of such damages. Your sole remedy for dissatisfaction with the Site or the materials is to stop using the site or the materials.

Ken Marcus Studios, Inc. reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any portion thereof) without notice and without liability for any resulting damages (monetary or otherwise) regardless of the foreseeability of any such damages.

KenMarcus.com contains links to other sites. Ken Marcus Studios, Inc. does not control the information collection of sites that can be reached through links from KenMarcus.com. If you have questions about the data collection practices of linked sites, please contact those companies directly.

This Agreement is governed by and shall be construed in accordance with the laws of the State of California without regard to its principles of conflicts of law. In the event of a dispute arising under or relating to this Agreement, the Site or the Materials, you agree to the exclusive jurisdiction of the federal and state courts located in the State of California, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

The Site is controlled and operated on behalf of Ken Marcus Studios, Inc. from its servers in Los Angeles, California and is not intended to subject Ken Marcus Studios, Inc. to the laws or jurisdiction of any state, country, or territory other than that of California and of the United States of America. Ken Marcus Studios, Inc. does not represent or warrant that the Site, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Site at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export or re-export any Site content to a national or resident of any of the following countries: (i) Balkans, Burma (Myanmar), Cuba, Iran, Liberia, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.

If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. A party's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, constitutes the entire Agreement between you and Ken Marcus Studios, Inc. relating to your use of the Site; this Agreement supercedes any and all prior or contemporaneous written or oral Agreements between you and Ken Marcus Studios, Inc. regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of this Agreement. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent.