By entering this site you agree to the following: IMPORTANT - Terms of Use: Please read these terms and conditions of use carefully before using tomropesmcgurk.com (the "Site"). THESE TERMS OF USE GOVERN YOUR USE OF THE SITE, WHICH IS PROVIDED BY GRAPIK ART PRODUCTIONS, THE OWNER OF THE SITE, (THE "OWNER"). BY ACCESSING THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY THE OWNER AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY. Age and Legal Access Certification By subscribing to and entering the Site, you certify the following information and understand that the Owner is relying on such certification and agreement to these terms of service for allowing entry into the site. You hereby certify under unsworn declaration of perjury the following: 1. That you are 18 or 21 years of age (whichever is applicable) or older; 2. That you are familiar with all local laws in your area affecting your legal right to access erotic or adult-oriented materials; and, 3. That you have the legal right to access erotic or adult-oriented materials and the Site has the legal right to transmit them to you; that you are requesting erotic or adult-oriented materials for your own private enjoyment and that you will NEVER share these materials with a minor or in ANY WAY make these materials available to a minor. Custodian of Records The actors, models, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct appearing or otherwise contained in this Website were over the age of eighteen years at the time of the creation of such. All other pictures, graphics, videos or other visual media displayed on this Website are exempt from the provision of 18 U.S.C. Section 2257 and 28 C.F.R. 75 because said visual media do not consist of depictions of conduct as specifically listed in 18 U.S.C 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 With respect to all visual media as defined above displayed on this website, whether of actual sexually explicit conduct, simulated sexual content or otherwise, all persons in said visual depictions were at least 18 years of age when said visual media, as defined above, were created. Please direct questions pertaining to content on this website to: Custodian of Records: C.P. O'Neal, 1235 31st Avenue, San Francisco, CA 94122-1417 USA E-mail address: info@tomropesmcgurk.com The original records required from the primary producer of said video and visual media and pursuant to 18 U.S.C. Section 2257 and 28 C.F.R. 75 for all materials contained in the website are kept by the Custodian of Records listed in the 18 U.S.C. Section 2257 Notice. Access to the Site To access the Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site will be correct, current, truthful, accurate and complete. If the Owner believes the information you provide is not correct, current, truthful, accurate or complete, the Owner has the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time. Restrictions on Use You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without the Owner's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co brand the Site, or (ii) frame the Site, or (iii) hyper-link to the Site, without the express prior written permission of an authorized representative of the Owner. For purposes of these Terms of Use, "co branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with the Owner in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. Proprietary Information The material and content accessible from the Site, and any other World Wide Web site owned, operated, licensed, or controlled by the Owner (the "Content") is the proprietary information of the Owner or the party that provided the Content to the Owner, and the Owner or the party that provided the Content to the Owner retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the express prior written consent of the Owner, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates the Owner's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site. Hyper-Links The Site may be hyper-linked to other sites which are not maintained by, or related to, the Owner. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the Site or the Owner. The Owner has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and the Owner makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by the Owner of that site. Submissions You hereby grant to the Owner the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to the Owner through the Site (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Owner will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future the Owner operations. The Owner will treat any personal information that you submit through the Site in accordance with its Privacy Policy. Privacy Policy THE PRIVACY POLICY FOR THE SITE, INCORPORATED HEREIN BY THIS REFERENCE, ALSO GOVERNS YOUR USE OF THE SITE. BY ACCESSING THE SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE PRIVACY POLICY. THE PRIVACY POLICY IS SUBJECT TO CHANGE BY THE OWNER AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THE PRIVACY POLICY REGULARLY. Disclaimer YOU UNDERSTAND THAT THE OWNER CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. THE OWNER DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE OWNER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE OWNER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE OWNER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE OWNER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. THE OWNER MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. THE OWNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT'S APPROPRIATENESS OR AUTHORIZATION FOR USE IN ALL COUNTRIES, STATES, PROVINCES, COUNTY OR ANY OTHER JURISDICTIONS. IF YOU CHOOSE TO ACCESS THE SITE, YOU DO SO ON YOUR OWN INITIATIVE AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS. Limitation on Liability THE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE OWNER AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE OWNER FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. Indemnity YOU WILL INDEMNIFY AND HOLD THE OWNER, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (THE "INDEMNIFIED PARTIES") HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS' FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THE SITE. Trademarks TRADEMARKS, SERVICE MARKS, AND LOGOS APPEARING IN THE SITE ARE THE PROPERTY OF THE OWNER OR THE PARTY THAT PROVIDED THE TRADEMARKS, SERVICE MARKS, AND LOGOS TO THE OWNER. THE OWNER AND ANY PARTY THAT PROVIDED TRADEMARKS, SERVICE MARKS, AND LOGOS TO THE OWNER RETAIN ALL RIGHTS WITH RESPECT TO ANY OF THEIR RESPECTIVE TRADEMARKS, SERVICE MARKS, AND LOGOS APPEARING IN THE SITE. Information You Provide You may not post, send, submit, publish, or transmit in connection with the Site any material that: -You do not have the right to post, including proprietary material of any third party; -Advocates illegal activity or discusses an intent to commit an illegal act; -Does not pertain directly to the site; -Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; -Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; -Infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; -Violates any law or may be considered to violate any law; -Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; -Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the site; -Solicits funds, advertisers or sponsors; -Includes programs which contain viruses, worms and/or trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; -Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the site; -Includes mp3 format files; -Amounts to a 'pyramid' or similar scheme; -Disobeys any policy or regulations established from time to time regarding use of the site or any networks connected to the site; or -Contains hyper-links to other sites that contain content that falls within the descriptions set forth above. The Owner reserves the right to monitor use of the Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither the Owner nor any third party that provides Content to the Owner will assume or have any liability for any action or inaction by the Owner or such third party with respect to any submission. Security Any passwords used for the Site are for individual use only. You will be completely and totally responsible for the security of your password. The Owner will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Owner considers insecure, the Owner will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Owner reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. The Owner reserves the right to investigate suspected violations of these Terms of Use. The Owner reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Owner to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE OWNER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE OWNER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE OWNER OR LAW ENFORCEMENT AUTHORITIES. Credit Card Usage The Site permits you to use a credit card to place an order to purchase materials and products for a fee. By placing an order on the Site, you agree to pay the Owner all amounts accrued in your account, including, but not limited to sales, tax and shipping and handling charges, when due. Your ability to purchase materials and products is subject to limits established by the Owner and/or your credit card issuer. The Owner may bill your credit card at the time material is ordered or at any other time the Owner sees fit and appropriate to do so. The Owner reserves the right, in its sole discretion, without prior notice, to decline service to or terminate your Site account without notice. The Owner also reserves the right, in its sole discretion, without prior notice, to limit the order quantity on any material or product and/or to refuse service to any customer. Termination of Service The Owner may alter, change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. The Owner may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in the Owner's exclusive discretion, without prejudice to any legal or equitable remedies available to the Owner, for any reason or purpose, including, but not limited to, conduct that the Owner believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which the Owner believes is harmful to other customers, to the Owner's business, or to other information providers. Upon any termination of this agreement, you will immediately discontinue your use and access of the Site and destroy all materials obtained from it. Waiver The Owner's failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of the Owner's right to subsequently enforce such a provision or any other provision of these Terms of Use, nor will any delay or omission on the part of the Owner to exercise or take advantage of any right or remedy that the Owner has or may have hereunder operate as a waiver of any right or remedy. Acts of God The Owner shall be excused from its obligations for any period to the extent that the Owner is prevented from performing, in whole or in part, its obligations under these Terms of Use, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s), or request(s) prove(s) to be invalid), Internet failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond the Owner's reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise. Notices Notices by site owner to customers shall be given by means of electronic messages or by a general posting on the site. Notices by customers to site owner shall be given by electronic messages unless otherwise specified in the agreement. All questions, complaints, or notices to site owner by means of electronic message must be sent to generalinquiries@vodsites.com. This will be the only acceptable form of communications. Miscellaneous These Terms of Use will be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and the Owner arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in San Francisco, California. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain. The Owner may revise these Terms of Use at any time by updating this posting. Last updated: January 25, 2008 Copyright 2008, Grapik Art Productions, LLC