PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING VIAWAY PRIVATE SERVICE AND SITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.

USER AGREEMENT

The following are terms of a legal agreement (the "Agreement") between you and Viaway, Inc. ("Viaway") that sets forth the terms and conditions for your use of Viaway Private service and site (the "Private Site"). The Private Site is owned and operated by Viaway. This Private Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Private Site, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Viaway.

Viaway reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Private Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Private Site after any change to this Agreement constitutes your agreement to be bound by any such changes. Viaway may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.

Viaway Private Standard Terms and Conditions of Membership

You must read and agree to these terms and conditions before you can join. Please read them carefully. By purchasing a Membership to the Private Site, you become a Subscriber and agree to be bound by these Terms and Conditions (the "Agreement"). This agreement is subject to change by Viaway Inc. at any time, and changes are effective without notice upon each Subscriber.

Bookmarking

Bookmarking to a page on the Private Site whereby the Warning page(s) and/or terms and conditions are by-passed shall constitute an implicit acceptance of the terms and conditions herein and an explicit acknowledgement of age of majority.

Disclaimers

THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. VIAWAY OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. VIAWAY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE PRIVATE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE.

VIAWAY MAKES NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. IN NO EVENT SHALL VIAWAY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIAL OR INFORMATION AVAILABLE ON THE PRIVATE SITE, EVEN IF VIAWAY HAS BEEN ADVISED OF SUCH DAMAGES.

All materials on the Site are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Site's materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Except as expressly stated in the limited license provision of these terms and conditions, purchase of a Viaway service does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

Age Restriction

The subscriber hereby warrants and represents that he or she is over the age of 18(21 in AL, MS, NE, and WY), and in all respects is qualified and competent to enter into this agreement.

18 U.S.C. Section 2257 Compliance Notice

In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct, simulated sexual content or otherwise, displayed on Private Site, were at least eighteen (18) years of age at the time such depictions were created.

All other visual depictions displayed on hte Private Site are exempt from provision of United States Code, Title 18, Section 2257 and 28 C.F.R. 75, because such visual depictions do not consist of depictions of conduct as specifically listed in the United States Code, Title 18, Part I, Chapter 110, Section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

Records required to be maintained pursuant to United States Code, Title 18, Section 2257, are kept by the custodian of records at:

Agreement to view adult material

The Private Site is designed and intended SOLELY for ADULTS - people who are at least 18 years old(21 in AL, MS, NE, and WY) - 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 site 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(21 in AL, MS, NE, and WY) or who does not wish to be exposed to such materials. By purchasing a Viaway Service you are making 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(21 in AL, MS, NE, and WY)."
"I promise that I will not permit any person(s) under 18 years of age(21 in AL, MS, NE, and WY) to have access to any of the materials contained within this site."
"I understand that when I gain access to this site, 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 judgement, the average adult in my community accepts the consumption of such materials by willing adults in cirumstances 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."

Third-party Materials

Certain content, channels, programs, and services available via the Private Site may include materials from third parties. Viway may provide links to third-party websites as a convenience to you. You agree that Viaway is not responsible for examining or evaluating the content or accuracy and Viaway does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Viaway is not in any way responsible for any such use by you.

Last Updated: March 11, 2013