ADULT LINKS End User License Agreement

PLEASE READ ALL THE PROVISIONS OF THIS End User License Agreement ("Agreement") CAREFULLY. By pressing "Agree" or by otherwise installing, copying or utilizing ADULT LINKS Software (hereafter “Software”) you ACKNOWLEDGE AND agree THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND HARKLETT ENTERPRISES, LTD. (the “Company”).

1. PARTIES TO THIS AGREEMENT.

The parties to this Agreement are You, the End User of the Software, and Company. As used in this Agreement, the terms "we," and "us" are used interchangeably to refer to the Company; the term "You" and "Your" is used to refer to You, the End User of the Software.

1.1 Subject to Your acceptance of the terms and conditions set forth in this Agreement, as evidenced by Your clicking on the “Agree” button or Your installation, copying or use of the Software, Company agrees to grant You a limited, revocable, personal license to use the Software on one computer, on the terms and conditions set forth hereinafter.

1.2 You agree that this Agreement is subject to change or termination by the Company at any time, in the sole and exclusive discretion of Company, and that change of terms or termination of the Agreement shall be legally sufficient and effective immediately upon Company’s posting of notice of such change or termination on Company’s website. You further agree that You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.

2. SEXUALLY EXPLICIT MATERIAL.

THE SOFTWARE MAY REFER YOU TO SEXUALLY EXPLICIT CONTENT INCLUDING DEPICTIONS OF ADULTS ENGAGED IN ACTUAL OR SIMULATED SEXUAL INTERCOURSE, OTHER SEXUAL ACTIVITY, OR SEXUAL FOREPLAY (HEREAFTER REFERRED TO AS “MATERIALS”). ALL SUCH MATERIALS, INCLUDING WITHOUT LIMITATION, THE MESSAGES, WEBSITE LINKS, ADVERTISEMENTS AND OTHER COMMUNICATIONS MADE AVAILABLE THROUGH OR BY THE SOFTWARE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE SUCH MATERIALS 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 (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW, DOWNLOAD OR OTHERWISE POSSESS ANY OF THE MATERIALS, INCLUDING WITHOUT LIMITATION, THE MESSAGES, WEBSITE LINKS, ADVERTISEMENTS AND OTHER COMMUNICATIONS MADE AVAILABLE THROUGH OR BY THE SOFTWARE.

2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS, INCLUDING WITHOUT LIMITATION, THE MESSAGES, WEBSITE LINKS, ADVERTISEMENTS AND OTHER COMMUNICATIONS MADE AVAILABLE THROUGH OR BY THE SOFTWARE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL VIEWING.

3. AGE OF MAJORITY.

NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DOWNLOAD THE SOFTWARE OR DIRECTLY OR INDIRECTLY VIEW, DOWNLOAD OR POSSESS ANY OF THE MATERIALS, INCLUDING WITHOUT LIMITATION, THE MESSAGES, WEBSITE LINKS, ADVERTISEMENTS AND OTHER COMMUNICATIONS MADE AVAILABLE THROUGH OR BY THE SOFTWARE.

3.1 YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.

4. Grant of Limited License And Restrictions.

The proprietary Software, which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work that is owned by Company. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of Your promises reflected in this Agreement, Company grants to you a limited, personal, nonexclusive, nonassignable, nontransferable license, terminable at anytime at the sole discretion of Company, to download, install and use the Software to and on a single computer and to use the Software and the ADULT LINKS technology solely for Your personal, non-commercial use as permitted under this Agreement. Company and its suppliers reserve all rights not expressly granted to You herein.

4.1 You acknowledge and agree that the Software and all Materials made available through or by the use of the Software are proprietary and constitute valuable intellectual property owned by the Company or others who have licensed use of such Materials to the Company. You acknowledge and agree that as such You may access, view, download, receive and otherwise use the Materials only as specifically authorized by the Company and in accordance with the terms and conditions of this Agreement only on one computer at a time and, if downloadable copies of the Materials are made available to You, You may make only a single copy of such Materials for Your own personal noncommercial use and enjoyment. You further acknowledge that the Company specifically prohibits You from doing any of the following acts, and You agree not to do any of these prohibited acts:

(a) Permitting other individuals to directly or indirectly use the Software or Materials, and specifically that You will not permit any person under the age of 18 to access or use the Software or Materials through You computer;

(b) Modifying, translating, reverse engineering, decompiling, disassembling the Software or Materials (except to the extent applicable laws specifically prohibit such restriction);

(c) Making copies or creating derivative works based on the Software or Materials, except as provided herein;

(d) Renting, leasing, or transferring any rights in the Software or Materials;

(e) Removing, altering or obscuring any proprietary notices or labels on the Software or Materials including without limitations, copyright and trademark notices;

(f) Making any other use of the Software or Materials not expressly permitted herein; and

(g) Comply with all applicable laws, including U.S. export control laws, applicable to the Software

4.2 You further represent and warrant to the Company that Your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials made available through the Software in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use Materials, directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use.

4.3 You hereby acknowledge that You understand that the Company (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials available through the Software to or by any person, INCLUDING YOU, who is located in any of the geographical areas corresponding to the following list of PROHIBITED ZIP CODE AREAS.

4.4 You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Materials made available through the Software, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of Materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such Materials and Software and shall further constitute a violation of Company's trademark and other rights, including, but not limited to, rights of privacy.

5. END-USER GRANT OF RIGHTS TO COMPANY; SYSTEM CONFIGURATION

By downloading and installing the Software on Your computer and using the Adult Links technology, You, the End-User, grants Company a non-exclusive, unlimited, royalty-free, worldwide license that will continue until You delete or uninstall the Software from Your computer, as follows:

(a) To display and direct Your web browser to certain web sites selected by Company in Company’s sole discretion or through the use of the Software’s selection preferences, including, but not limited to, Company’s web sites and web sites of third-parties containing adult sexual content or any other content;

(b) To display on Your computer screen, at any time, in Company’s sole discretion or through the use of the Software’s selection preferences, advertisements, promotions, graphics, links to affiliated or third-party web sites and other content that may include adult sexual content (hereafter “Displayed Content”). Such Displayed Content may promote “adult links” or entities that offer products and services that are competitive to the products and services offered on a web site You are viewing, and the Displayed Content may include, but not be limited to, pop-ups, pop-unders, banners, buttons, skyscraper ads, text links and rich media ads;

(c) To install an “adult link” logo on Your computer’s menu bar, which, when selected by You will display a list of links to websites containing adult sexual content or other content;

(d) To periodically modify or change the Software residing on your computer.

(e) To permit the Software to collect, store and analyze information about the web pages that You view in order to display links and other content on Your computer that Company determines may be of interest to You based on Your previous internet use. The information that You agree that Company, in its sole discretion, at any time and without the need to obtain any additional permission from You or to provide any further notice to You, may collect includes the following: the full Uniform Resource Locator ("URL") of the web pages you view; your Internet Protocol ("IP") address, which may include a domain name; the date and time for each web page You view; the name of and information about any advertisement that You clicked on; searches You perform, links You click on; and computer and connection information such as browser type and version, operating system, and platform.

(f) To permit Company to transmit cookies to Your computer that will be stored in Your computer so that Company can track, collect and store information about Your Internet usage path.

6. DISCLAIMER OF WARRANTIES; LIMITATIONS ON COMPANY’S LIABILITY.

6.1 YOU HEREBY AGREE THAT THE SOFTWARE, MATERIALS, AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT ANY SOFTWARE OR OTHER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND IS AT YOUR SOLE RISK, AND FURTHER THAT YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE, MATERIALS, AND ALL SERVICES PROVIDED BY COMPANY. SHOULD THE SOFTWARE, MATERIALS, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. YOU ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.

6.2 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES WARRANT (i) THAT THE SOFTWARE OF MATERIALS WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (ii) THAT THE ADULT LINKS SOFTWARE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OF THAT THE SOFTWARE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES” OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIALS PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SOFTWARE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE IS NON-INFRINGING.

6.3 UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUPPLIERS, AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR OTHER DAMAGES OF ANY KIND WHATSOEVER (REGARDLESS OF THE FORM OF ACTION) INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY (i) RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OR MADE AVAILABLE THROUGH THE SOFTWARE; (ii) ANY USE OR INABILITY TO USE THE SOFTWARE FOR ANY REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATION FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF NAY INFORMATION ACCESSED THROUGH THE SOFTWARE, OR (iii) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SOFTWARE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.4 SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.

7. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.

7.1 You acknowledge that You understand that Company does not screen, endorse or control the content of advertisements or other Materials supplied by third parties that are published or made available through the Software, nor does Company have any editorial control or supervision over such content. End Users are therefore advised to use their own judgment to evaluate all advertisements, Materials and other communications that are published or made available through the Software prior to accessing, downloading or purchasing goods and/or services.

7.2 You might access some content or Materials via hyperlinks or banners published or made available through the use of the Software that will connect You to third parties, or to third-party websites that may provide content or services. Company has no editorial control or supervision over selection or display of the content or services provided by those third parties or those third-party websites and those third parties are wholly and solely responsible and liable for the content or services they provide to You. Company is not responsible for errors or omissions or for offensive or objectionable content contained on any third-party website or URL published more made available through Your use of the Software.

8. TRADEMARK AND SERVICE MARK

“ADULT LINKS” is a service mark of Company. No use of this mark shall be permitted except through the prior written authorization and permission of Company. All rights reserved.

9. TERMINATION

Your rights under this Agreement terminate automatically if You fail to comply with any of the terms and conditions of this Agreement. No notice is required from Company to effectuate such termination. Additionally, Company may terminate this Agreement at any time and for any reason, or for no reason, in the sole any absolute discretion of Company, and may effect notice of such termination through any means, including but not limited to posting such notice on Company’s website or otherwise publicly proclaiming such termination. Upon termination, You must delete or otherwise destroy all copies of the Software.

10. YOUR INDEMNIFICATION OF COMPANY

You agree to hold harmless, indemnify and defend Company and its officers, directors and employees from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that You have violated any term or condition of this Agreement or have breached any representation made by You in connection with this Agreement. If your are exporting the Software from the United States, you will indemnify and hold Company harmless from and against any import and export duties or other claims arising from such exportation.

11. EXPORT CONTROLS

You are responsible for complying with all trade regulations and laws both foreign and domestic. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into, or to a national or resident of Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country in violation of the laws and administrative regulations of the United States, or any other applicable jurisdiction; or (b) to anyone on the U. S Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.

You agree to the foregoing and represent and warrant that: (i) you are not located in, under the control of, acting on behalf of, or a national or resident of any such country or on any such list, and (ii) you will not export or re-export the Software to any prohibited country, or to any prohibited person, entity, or end-user as specified by U.S. export controls.

12. Custodian of Records

All models, actors, actresses and other persons that appear in any Materials containing visual depictions of actual sexual conduct that were supplied by Company and made available through the Software were over the age of eighteen years at the time of the creation of such depictions. All other visual depictions are exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because the conduct does not involve actual sexual conduct, but is merely simulated. The records required pursuant to 18 U.S.C. 2257 and 28 C.F.R. 75 are kept by Company’s Custodian of Records as identified in the 2257 notice.

13. NOTICES TO COMPANY OR END USERS

Notices from the Company to End Users may be given by means of electronic messages, by general posting on the Company’s website. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement.

All notices to the company shall be sent by electronic mail to legal@adultlinksco.com

14. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the End-User and Company regarding End- User’s' use of the Software and all Materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.

15. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION

15.1 This Agreement shall be governed by and construed under the laws of the State of California and the United States as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

15.2 Any and all disputes as to the interpretation of or any performance under these Terms and Conditions which are not first resolved informally, shall be determined by binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States.

16. UNENFORCEABILITY OF PROVISIONS

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.

17. AFFIRMATION OF AGREEMENT

You hereby acknowledge and affirm that you have read this entire agreement and that you AGREE to all its terms and conditions by CLICKING WHERE INDICATED BELOW.