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PV Locker™ Terms of Service

Use of PV Locker™ and the network infrastructure that supports it is offered to you (hereafter the "Customer") by Buffalo Holdings, Ltd (hereafter "the Company") subject to and predicated on your acceptance of these Terms of Service (hereafter, the "Terms"). Customer's use of PV Locker™ constitutes a legally binding acceptance of and agreement to these Terms. Under these Terms, PV Locker™ grants the Customer a limited, non-exclusive license to use the interactive features of PV Locker™. The Company reserves the right to modify these Terms at any time. The Customer hereby agrees to be bound by any modifications hereto and therefore, agrees that it is the Customer's responsibility to continually review these Terms for any changes.

Ownership and Intellectual Property

Ownership: The Company is the owner and proprietor of PV Locker™. The Content and Software on PV Locker™ are provided to the Customer for limited, non-exclusive use pursuant to Customer's adherence to these Terms. "Content" includes any and all human readable audio and/or visual elements of PV Locker™, including without limitation, any text, graphics, images, illustrations, photographs, animation, audiovisual works, designs, logos, and other content made available through PV Locker™. "Software" is defined as any and all functional and operative elements of PV Locker™, including without limitation the site's source software, programmatic scripts, object software, software, computer programs and other data or materials displayed upon, contained within, or underlying PV Locker™

Copyright: The Content and Software on PV Locker™ are owned by the Company its affiliated companies, subsidiaries and/or its licensors and content providers, and are protected by all applicable domestic and international copyright laws and treaties. Unless expressly granted permission to do so by the Company, the Customer shall not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any of the Content or Software associated with PV Locker™, in whole or in any part. Any and all rights not expressly granted to the Customer herein are reserved by the Company. Any violation of copyright laws may result in severe civil and/or criminal penalties.

Trademarks: PV Locker™, the PV Locker™ logo, Pink Visual®, the Pink Visual® logo, We Innovate. You Masturbate and Your porn, when you want it, how you want it are trademarks and service marks belonging to or licensed by the Company ("Company Marks"). Any product, service, or trade name other than those owned or licensed by the Company that identify a third party as the source thereof may, even if not so indicated, be the service mark or trademark of that respective entity or individual. Any unauthorized use of PV Locker™ and the Company Marks by Customer, except as expressly permitted by the Company is strictly prohibited.

General Terms

License: The Company grants Customer a non-exclusive, non-transferrable, limited right and license to access and use PV Locker™ Content, and to view and privately display PV Locker™ Content in adherence with these Terms. Pursuant to Customer's continued adherence to these Terms, the Company grants this license to Customer in perpetuity upon purchase with respect to each individual piece of PV Locker™ Content purchased by Customer. Customer may not adapt, sublicense, publicly perform or publicly display, distribute, customize, modify, alter, transmit or create derivative works from any portion of PV Locker™, or the Content or Software on PV Locker™. Any other use or exploitation of PV Locker™, its Content or Software, is strictly prohibited. Customer hereby acknowledges and agrees that Customer does not acquire any ownership rights to PV Locker™ Content by virtue of using and/or accessing PV Locker™. Customer hereby acknowledges and agrees that any modification of PV Locker™ Content shall constitute a violation of these Terms, and a violation of the Company's copyright and/or other intellectual property rights. Customer hereby agrees that any violation of these Terms on the part of the Customer may result in termination of Customer access to PV Locker™ content. Customer hereby agrees not to interrupt, or attempt to interrupt, the operation of PV Locker™ in any way.

Personal and Non-Commercial Use Only: The Company grants Customer this license for the limited purpose of personal use, and not for any commercial purpose. No business entity, be it a corporation, partnership, sole proprietorship or other manner of business entity is licensed to use PV Locker™. Customer hereby agrees not to use PV Locker™, its Content, Software, or any other element, portion or aspect thereof, including without limitation the email addresses of PV Locker™ users, for any commercial purpose.

Username and Password: Upon the Customer's initial purchase of PV Locker™ Content, PV Locker™ will issue the Customer a username and password to be used for future access to the purchased PV Locker™ Content. Customer hereby agrees to keep this username and password in strict confidence, and further agrees not to allow family members, friends, business associates, or any other manner of third party to use Customer's username and password, or to provide them with access to purchased PV Locker™ Content. Customer shall not publish the username and password on any website, nor transmit the username and password through any unsecured means. In the event that Customer's username and password are compromised, the Company reserves the right to terminate Customer's access to purchased PV Locker™ Content. If Customer's access to PV Locker™ is terminated as a result of Customer's violation of these Terms, Customer hereby forfeits its license pursuant to these terms. For clarification purposes, the Customer understands and agrees that it will lose all access to the Content stored in Customer's personal PVLocker without compensation or reimbursement for the purchase price of the Content.

Reservation of Rights: Any rights not expressly granted by the Company herein are reserved. Customer may not copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, post, publicly display or publicly perform, frame, link, or in any other way exploit any of the Content or Software associated with PV Locker™, in whole or in part, except as expressly permitted in these Terms.

Electronic Communications: Upon the Customer's initial purchase of PV Locker™ Customer shall provide the Company with a valid email address for the purpose of transactional emails which may include but are not limited to emails containing the Customer's username and password for use in future access to PV Locker™ and emails containing information regarding licensed Content. By providing the email address, the Customer is consenting to communication with the Company electronically and establishing a transactional relationship. Customer hereby explicitly consents to receive additional electronic communications from the Company in relation to PV Locker™, the communications may include but are not limited to notifications concerning changes to these Terms, site and Content updates, and promotional materials. In the event state or federal law requires a notice by the Company to the Customer be provided in writing, the Customer hereby agrees that any written communication from the Company to the Customer satisfies that requirement. For clarification, the written requirement can be in the form of email or these Terms and does not necessarily need to be a physical, hard copy.

Customer hereby warrants and represents that he or she is over the age of eighteen (18) {or of twenty-one (21) in some jurisdictions} and in all respects is qualified and competent to enter into this agreement.


One-Time Payment, Lifetime Access: PV Locker™ Content is licensed to Customer for private, non-commercial use, access and viewing in perpetuity, subject to continued adherence to these Terms. There are no subscription fees, or other manner of recurring charge, associated with the one time payment, lifetime access of PV Locker™ Content.

PV Locker™ currently accepts only credit cards as a form of payment. When the Customer establishes his/her locker with an initial purchase, the Customer's purchasing information is saved by PV Locker™ to facilitate easy and convenient future purchases. Please note that PV Locker™ does not store or save the Customer's credit card data; the Customer's credit card data is stored by a secure, third-party transaction processor. Once the Customer has established an account, Customer can effectuate future purchases by clicking purchase links and/or buttons and confirming their selection, without entering their credit card information again. PV Locker™ stores this information only for the purposes of facilitating and easing future purchases on the part of the Customer. Billing occurs at the time of, or shortly after, each transaction initiated by the Customer.

Customer agrees that Customer will pay for all products purchased and Content licensed through PV Locker™, and that the Company may charge the Customer's credit card for any products purchased and any additional amounts that may be accrued by or in connection with the Customer's account. The Customer is responsible for the timely payment of all fees, and for providing the Company with valid credit card during the account creation process. Customer is responsible for maintaining current and accurate credit card information in connection with Customer's PV Locker™ account. If the Customer wishes to designate a new or different credit card from the credit card used to establish the Customer's PV Locker™ account, Customer is responsible for updating the credit card associated with his/her PV Locker™ account. When a Customer changes the credit card associated with his/her PV Locker™ account, this may temporarily disrupt the Customer's access to PV Locker™ while the Company verifies the Customer's new payment information.

All Content payments are final, other than as specified within these Terms (see "Content Subject to Removal" below).

If a Subscriber requests a chargeback from its credit card company for charges relating to the Services any and all credit card chargebacks are subject to evaluation by Net Transactions and/or a third party service provider to determine whether the chargeback was made in good faith. Certain criteria will be analyzed to determine whether a chargeback was made in good faith which includes non-personal information relating to the Subscriber's and personal information provided by Subscriber to Net Transactions, Ltd.

Prices for PV Locker™ Content may change at any time, and the Company does not offer price protection or refunds on past payments in the event that the price of the Content is reduced permanently by the Company, or during any promotional offer.

In the event the Customer wishes to license and pay for Content but has not physically typed in their password within the preceding thirty minutes, for security purposes, the Customer will be required to re-enter their password.

Content Subject to Removal: From time to time, the Company may remove Content from PV Locker™ at its absolute and sole discretion without notice to the Customer. In the event that any Content so removed has been licensed by the Customer, PV Locker™ will make a diligent effort to credit/refund the Customer's account with a free replacement credit. In the event the Company does not automatically issue a credit for a free replacement, the Customer should notify the Company so that the Company can provide the Customer with a credit. It is Company's aspiration that the Customer be automatically provided with a credit for replacement Content which shall be valued at the same or greater value as the removed Content, however, it is not guaranteed.

Discontinuance of PV Locker™: Should PV Locker™ cease to do business or discontinue service ("Discontinuance"), Company shall grant Customer a one-time limited right and license to download one (1) copy of each individual piece of PV Locker™ Content purchased by Customer at a time and manner to be determined by Company ("Download Right"). This Download Right shall extend for a limited period of time at Company's discretion ("Download Period"); such Download Period shall be no less than ten (10) days. Should Customer fail to exercise the Download Right within the Download Period such Download Right shall terminate. Such Download Right does not grant Customer a right or license to copy, distribute, publish, perform, modify, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, post, publicly display or publicly perform, frame, link, or in any other way exploit any of the downloaded Content. Notification of Discontinuance and Download Right shall be communicate as provided herein.

PV Locker™ Upload Account Terms of Service:

Upload Account Service Defined: With the purchase of a PV Locker™ Upload Account, Customer is enabled to upload content owned by the Customer (hereafter, "Customer Content") to PV Locker™ for storage on the Company's network, for future access by the Customer. The PV Locker™ Upload Account offered by Company is NOT an online data backup service. If Customer wishes to maintain a permanent copy of Customer Content, Customer should not delete local copies of the files uploaded to PV Locker™ following upload, and should utilize another hosting service/provider for use as an online data backup/storage solution. Customer is advised to backup all Customer Content to a local drive. Company is NOT responsible for lost Customer Content, time, income or any other resource due to faulty or non-existent backups.

Separate Billing for PV Locker™ Content and PV Locker™ Upload Account: Customer will be billed separately for PV Locker™ Content purchases and the PV Locker™ Upload Account service. PV Locker™ keeps Content and Upload Accounts separate for several reasons: first, fees for the Customer's PV Locker™ Upload Account are charged on a recurring basis every 30 days, while PV Locker™ Content purchases are billed on a one-time basis; second, in the event of cancellation of the PV Locker™ Upload Account service on the part of the Customer, in order to ensure that Customer's access to any purchased PV Locker™ Content is not affected by that cancellation, the two services must be billed for separately to permit the Upload Account to be terminated while still allowing Customer access to previously purchased PV Locker™ Content.

Transcoding of Customer Content: When Customer uses his/her PV Locker™ Upload Account to upload Customer Content to PV Locker™, the files are transcoded by PV Locker™ Software into a format that is broadly compatible with various devices that can be used to view online content, including desktop computers and a range of mobile devices. Company is not responsible for loss or corruption of Customer Content during transcoding.

PV Locker™ Upload Account Pricing: PV Locker™ Upload Account fees are subject to change; please refer to the "Upload" tab on the PV Locker™ navigation menu for the current pricing. Upload Account fees are charged on a recurring 30-day basis. Customer's Upload Account can be cancelled at any time. Cancellation of the Upload Account will become effective at the end of the billing cycle within which the Customer's cancellation request is received. Upload Account pricing is based on the run-time of videos uploaded by Customer; any file size values, including "gigabyte" or "GB," published by the Company with respect to the available Upload Account pricing are for estimating purposes only. Video file run-time is a more accurate basis for predicting which tier of Upload Account is appropriate for the Customer.

PV Locker™ Upload Account Upgrades and Downgrades: Customer can upgrade or downgrade his/her PV Locker™ Upload Account at any time. The upgrade or downgrade will take effect at the beginning of the next 30-day billing cycle. In the case of an upgrade, Customer will receive immediate access to increased storage space afforded to Customer through the upgrade, but will not be charged the upgraded package price until the start of the account's next 30-day billing cycle. Similarly, if Customer downgrades his/her PV Locker™ Upload Account, Customer shall retain his/her current level of storage space and service until the beginning of the account's next 30-day billing cycle, at which point Customer will begin being charged at the downgraded package rate. No refunds of Customer's initial Upload Account registration fee will be issued in the event of an Upload Account downgrade by Customer.

Customer-Uploaded Content and Storage Maintained Separately from PV Locker™ Content: In the event that a Customer cancels or allows to lapse his/her PV Locker™ Upload Account, the Customer's access to any purchased PV Locker™ Content shall continue, pursuant to Customer's continued adherence to these Terms.

PV Locker™ Upload Account Termination: Company reserves the right to cancel your PV Locker™ Upload Account at any time with or without notice. Your PV Locker™ Upload Account may be suspended / terminated by Company for any reason, including but not limited to:

Company is NOT responsible for lost Customer Content due to suspension or termination of Customer's PV Locker™ Upload Account. Customer is responsible to back up all Customer Content as stated herein.

No Warranty of Compatibility: Many video file formats are compatible with the PV Locker™ content encoding system, but no file format is guaranteed to work. The following video file formats have proven compatible with the PV Locker™ content encoding system in the course of the Company's internal testing of PV Locker™: .wmv, .mp4, .avi, .mpeg, .mpg, .mov, .rm, .rmvb, . m4v and .3gp. The Company cannot guarantee that any individual video in any of the above listed file formats will be compatible with the PV Locker™ content encoding system, however, as minor variations in individual files may cause that file to fail during the upload and/or encoding processes.

No Warranties: Company makes no warranties or representations of any kind for the services being offered by PV Locker™. The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Company provides no warranty that the service will be uninterrupted or error free. Under no circumstances shall Company be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use PV Locker™, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. Customer hereby acknowledges that this paragraph shall apply to all Customer Content.

Customer's Warranties and Representations to Company: You warrant, represent, and covenant to Company that (a) you are at least eighteen (18) years of age {or of twenty-one (21) in some jurisdictions}; (b) you possess the legal right and ability to agree to these Terms; (c) you will use your PV Locker™ Upload Account only for lawful purposes and in accordance with these Terms and all applicable policies and guidelines; (d) you will be financially responsible for the use of your PV Locker.com Upload Account; (e) The Customer Content that you upload does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

PV Locker™ and PV Locker™ Upload Account General Provisions

Disclaimers: Promotional codes, special offers or content replacement credits cannot be redeemed for cash.

Some viewing limits may apply with regards to location and devices, particularly with respect to newly released consumer electronic devices. The Company will make all reasonable efforts to assure cross-platform compatibility of the Content, but the Company cannot guarantee such compatibility with respect to devices and protocols created, offered, serviced and maintained by third parties.

Any liability of the Company including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount paid by or on behalf of the Customer to PV Locker™ for the preceding 12 months. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No warranty is made by the Company regarding any information, services, or products provided through or in connection with the Service, and the Company hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to the Customer.

Subpoenas or Court Orders: Non-public information about PV Locker™ Customers is not released except as lawfully required by appropriate legal process such as a subpoena, court order, or other valid legal process document.

Arbitration and Governing Law: The Terms and the Customer's agreement to adhere to these Terms shall be governed by, and construed only in accordance with, the laws of the State of Arizona, without giving effect to principles of conflicts of laws.

The venue for legal proceedings arising from or connected with this Agreement shall be exclusively in Arizona, and no Party shall have the right to challenge venue based upon forum non conveniens or otherwise. In any legal proceeding (including arbitration) arising from, under or in connection with this agreement, the prevailing Party shall recover the reasonable attorneys' fees and costs incurred in preparation for and in connection with all arbitration, trial and appella

te proceedings, along with such other award(s) rendered.

This agreement shall be executed in the English language and shall be controlled in all respects by the English language, regardless if this agreement is translated into another language.

Electronic Signatures: Customer hereby acknowledges and agrees that physical signatures are not required under this agreement, and any form of electronic acceptance of the Terms of this agreement, including but not limited to Customer checking or clicking of an "I agree" or "Create Account" box, shall be permissible and acceptable forms of acceptance by Subscriber of the terms of this Agreement.

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