Terms of Agreement

Established June 1, 2008

HisButHer.com Terms of Agreement

The terms and conditions of these Terms of Service (the “Agreement”) are applicable to the web sites located at the domain HisButHer .Com (the “Site"). The Agreement sets forth the terms and conditions that apply to your use of the Site and materials offered thereon (together with any successor web site(s), collectively, the "Service") which are offered to you by HisButHer.com Terms of Agreement.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING HisButHer.Com BY USING THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE. USE OF THE SERVICE SIGNIFIES YOUR CONSENT TO THIS AGREEMENT AND THE PRIVACY POLICY.

HisButHer.com reserves the right to change this Agreement from time to time, for any reason, which changes HisButHer.com may provide to you by any reasonable means, including without limitation by posting the new version of this Agreement on the Service. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of this Agreement. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into this Agreement.

1. Restrictions on Use

The Service is a computer online service. It is accessible to you through a personal computer, or other access device at the domain HisButHer.com using a communications connection (e.g., internet service provider or modem and telephone line). As part of the Service, you will be provided with services that may include, without limitation, data, information, editorial content, chat rooms, links to other web sites and other computer services that HisButHer.com may decide to offer, subject to the terms hereof. HisButHer.com may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User's right to use all or part of the Service, at any time in HisButHer.com 's sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone, internet service provider or airtime) associated with connecting to the Service. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by HisButHer.com and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by HisButHer.com and/or its suppliers and licensors. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of the Service or any material from the Service, including but not limited to code and software ("Material"). You may, however, subject to your compliance with this Agreement, and solely for as long as you are permitted by HisButHer.com to access and use the Service, download certain Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by HisButHer.com and HisButHer.com does not transfer title to any such Material to you.

2. Membership Rules and Guidelines

(a) Registration Certain of the Service’s offerings will be member based services. If you decide to use member based services you will be required to register. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

When you register to use these Services, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if HisButHer.com suspects that your information is untrue or inaccurate, not current, or incomplete, HisButHer.com may, in its sole discretion, suspend or terminate your membership and refuse current or future access to the Service. Any personally identifiable information supplied hereunder will be subject to the terms of our Privacy Policy. HisButHer.com reserves the right to change the nature of this relationship at any time.

(b) Passwords Should HisButHer.com provide to you a password, or should you select a password, that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify HisButHer.com of any unauthorized use of your password or account, or any other breach of security, and that you will log off the Service at the end of each session to prevent fraud on your account by third parties.

(c) Rules for Use of the Service (1) Conduct Required for Use of the Service It is a condition of your use of the Service that you do not: (i) restrict or inhibit any other user from using and enjoying the Service; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable information of any kind, including without limitation, any images or other material depicting Nudity as herein defined; (iii) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, worms, Easter eggs, time bombs, spyware, Trojan horses or any other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (iv) post or transmit any information, software or other material that is fraudulent or tortious or that violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material distributed without permission); (v) post or transmit any information, software or other material that contains a virus or other harmful component; (vi) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking; (vii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, "junk mail," "spam," "chain letters," “pyramid schemes,” investment opportunities or any other forms of solicitations; (viii) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (ix) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database; (xi) use the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy; (xii) disguise a file type to thwart HisButHer.com 's detection processes; (xiii) post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (xiv) attempt to gain unauthorized access to other computer systems or networks connected to the Service, (xv) remove any copyright, trademark or other proprietary rights notice from the Service or materials originating from the Service; or (xvi) frame or mirror any part of the Service without HisButHer.com ’s express prior written consent. For the purposes of this Agreement, "Nudity" shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. HisButHer.com, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section. Except as otherwise expressly permitted by this Agreement or under applicable law, you may not decompile, reverse engineer, disassemble or reduce any portion of the Service to a human-readable form, or attempt to do any of the above. In accordance with mandatory statutory rights, you may decompile any portion of the Service and use such decompiled portion if, and only to the extent that, such decompilation is necessary to obtain the information necessary for an independently created program to be interoperable with the relevant portion of the Service or with another program, and the information so obtained is not used for any other purpose; provided always that prior to such decompilation you have requested the relevant information in writing to HisButHer.com and HisButHer.com has not provided the information within one month of your written request.

(2) Monitoring

HisButHer.com has no obligation to monitor the use of the Service by members. You acknowledge and agree that HisButHer.com reserves the right to, and may from time to time, monitor any and all information uploaded to this Service for operational or other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy and applicable privacy laws and regulations. Use of the Service constitutes consent to such monitoring. Furthermore, HisButHer.com reserves the right at all times to refuse to post, alter or remove any information or materials, in whole or in part, that in HisButHer.com 's sole and absolute discretion are objectionable or in violation of this Agreement. In addition, HisButHer.com reserves the right at all times to disclose any information posted on any portion of the Service as necessary in order to operate the Service, to protect HisButHer.com, its parent or subsidiary companies, its affiliates and their respective directors, officers, employees and agents and the Service’s users, to satisfy any law, regulation or governmental request or to enforce this Agreement.

(3) License

By uploading files, inputting data, submitting content (including without limitation, comments to blogs) or engaging in any other form of communication (a "Communication") through the Service you are granting HisButHer.com a royalty-free, irrevocable, transferable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense (through multiple tiers), adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works from any such Communication in any form of media or technology now known or later developed or invented, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of HisButHer.com. For each Communication, you represent and warrant that you have all rights necessary for you to grant the license granted in this section, and that such Communication, and your provision thereof to and through the Service, complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Communication that you may have under any applicable law under any legal theory.

(4) Content on the Service

Communications posted through the Service may be provided by users such as you who are unaffiliated with HisButHer.com, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not HisButHer.com, are entirely responsible for all Communications that you upload, post, email or otherwise transmit to or via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by HisButHer.com, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. HisButHer.com neither endorses nor is responsible for any opinion, advice, information or statements made in the Communications by third parties. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will HisButHer.com be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service. The opinions expressed in the Communications reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of HisButHer.com.

(5) Personal Safety

When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Please note that HisButHer.com has no control over, and shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Communication or any other part of the Service. If you choose to make any of your personally identifiable or other information publicly available on the Service, you do so at your own risk.

(6) Blogs

Blogs on the Service may permit registered users to submit comments to the blogs. HisButHer.com staff, in their sole discretion, may review, edit and shorten the submitted comments. HisButHer.com staff, in their sole discretion may select certain comments to post. Blog comments may include one or more of the following: your screen name, first name, last name initial and state. In some instances we may ask registered users how they would like to be identified in a blog comment. By making a comment to a blog, you are representing and warranting 1) that you are at least 18 years old and 2) that your comment does not violate the rights of any other person or entity. You will not receive any compensation for your comment or for granting any of these rights. HisButHer.com is not obligated to use your comment.

6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER WE NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS SITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

7. Account Access; Identity Protection

In order to provide you with ease of access to your account, HisButHer.com will place a cookie (a small text file) on any computer from which you access the Service. Please see our Privacy Policy for information about cookies. When you revisit the Service, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Service. If you find that you're a victim of identity theft and it involves a HisButHer.com account, you should notify customer service. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. HisButHer.com reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. HisButHer.com is not obligated to credit or discount a membership for holds placed on the account by either a representative of HisButHer.com or by the automated processes of the Service.

8. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. Customer Support

All customer support for the Service will be conducted solely online and/or via email at contactus@HisButHer.com.

10. Submissions

HisButHer.com is delighted to hear from users and welcomes your comments regarding HisButHer.com’s and services. HisButHer.com’s longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by HisButHer.com’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, "Comments"), they shall be deemed, and shall remain, the property of HisButHer.com, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to HisButHer.com. Disclosure, submission, or offer of any Comments shall constitute an assignment to HisButHer.com of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. HisButHer.com may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to HisButHer.com and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. HisButHer.com is and shall be under no obligation to: (1) maintain any of your or any user's Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user's Comments.

11. Merchants and Rules for Sweepstakes, Contests, Raffles and Similar Promotions

In addition to the terms and conditions of this Agreement, any sweepstakes, contests, raffles or similar promotions (collectively, "Promotions") made available through the Service may be governed by specific rules that are separate from this Agreement. We note that you should review the specific rules for a particular Promotion to determine whether you are eligible to participate in such Promotion. By participating in any such Promotion, you will become subject to any specific rules applicable to such Promotion, which may vary from the terms and conditions set forth herein. HisButHer.com urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control. Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such merchant. HisButHer.com will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.

10. Disclaimer of Warranties

HISBUTHER.COM MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. HISBUTHER.COM , ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS DO NOT OPERATE, OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HISBUTHER.COM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. HISBUTHER.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HisButHer.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.

YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. DATA PROVIDED ON THE SERVICE MAY BE DELAYED AS SPECIFIED BY FINANCIAL EXCHANGES INFORMATION PROVIDERS. HISBUTHER.COM FURNISHES THE INFORMATION AVAILABLE ON THE SERVICE WITHOUT RESPONSIBILITY FOR ACCURACY AND YOU AGREE THAT ERRORS CONTAINED IN SUCH INFORMATION SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, DEMAND OR CAUSE OF ACTION. HISBUTHER.COM AND ITS VENDORS BELIEVE THEIR DATA AND TEXT SERVICES TO BE RELIABLE, BUT ACCURACY IS NOT WARRANTED OR GUARANTEED.

YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.

11. Limitation of Liability

IN NO EVENT SHALL HISBUTHER.COM AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, HISBUTHER.COM 'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HISBUTHER.COM AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HISBUTHER.COM AND ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

12. Indemnification

You agree to defend, indemnify and hold harmless HisButHer.com and its respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.

13. Termination

HisButHer.com may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the Materials and/or Content contained in, or accessed through, the Service, (v) tampering with or alteration of any of the Materials and/or Content contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which HisButHer.com may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to HisButHer.com and its licensors.

14. Trademarks

HisButHer.com and the HisButHer.com logo, and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of HisButHer.com or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1 above.

15. Minors

If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Minor"), to use the Service, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Service; and (c) the consequences of any use of the Service by such Minor. Children under the age of 13 may not register for any Service hereunder. At various places on the Service, we may ask whether users are under the age of 18 or 13. HisButHer.com relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.

HisButHer.com is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians who wish to allow their children access to the Site should assist them in selecting appropriate Content and supervise their access to the Site. Please remember that the Site is designed to appeal to a broad audience. Accordingly, as your child's legal guardian, it is your responsibility, not the responsibility of HisButHer.com, to determine whether any portion of the Site, or any site linked from the Site, is appropriate for your child.

16. HisButHer.com’s Proprietary Rights

You acknowledge and agree that the Service, the Materials, the Content and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HisButHer.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

HisButHer.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to (a) modify the Software in any manner or form, or (b) use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HisButHer.com for use in accessing the Service.

17. Special Admonitions for International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

18. Modification to the Terms of Service

HisButHer.com reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service without notice. The Service may provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service. Please review this Agreement from time to time so that you will be apprised of any changes. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

19. Third Party Applications

Your access to or use of the Service may require your use of a media player or other application that is not provided by HisButHer.com. Your use of such media player or other application will be governed by the license agreement accompanying the same, and you agree to comply with all of the terms and conditions of such license agreement. PLEASE NOTE THAT HisButHer.com IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF SUCH THIRD PARTY APPLICATIONS.

20. Export Control

Although the Service is accessible worldwide, not all products or services discussed or referenced in, or made available through, the Service are available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. HisButHer.com , its parent, subsidiary companies, affiliates, suppliers and agents, reserve the right to limit the availability of the Service and/or the provision of any product or service to any person, geographic area or jurisdiction we or they so desire, at any time and in our or their sole discretion.

Material from the Service is further subject to United States export controls. No Material from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) any country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

21. Rules for Message Boards, Chat Rooms, and Other User-Supplied Material

Portions of the Service may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Service or others ("Post" or "Postings"). Postings do not reflect the views of HisButHer.com, its parent or subsidiary companies, its affiliates or their respective officers, directors, employees or agents, and HisButHer.com does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in this Agreement, HisButHer.com should not be seen as endorsing any Post in any way. HisButHer.com, its parent company, and their respective officers, directors, employees, subsidiaries and/or affiliates shall not be liable for any Posting that is in violation of this Agreement.

You acknowledge that anything you submit to the Service by way of any Posting is routed through HisButHer.com’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on the Service are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. (Users under the age of 18 should be especially careful not to provide any personally identifying information while using chat rooms or message boards. As set forth in this Agreement, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.)

If a Posting originates from you or your account, you hereby agree not to post any materials that (1) interfere with anyone else's use of the Service; (2) are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright, trademark or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on the Service or any subsite within the Service.

The message boards provided on the Service are for the purpose of exchanging views and information about television programming. HisButHer.com reserves the right to terminate the account or suspend the posting privileges of anyone who Posts materials for any reason whatsoever, in its sole discretion. You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although HisButHer.com may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Service, HisButHer.com is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. HisButHer.com may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate HisButHer.com’s policies in any way. Further, HisButHer.com reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. HisButHer.com will fully cooperate with any law enforcement authorities or court order requesting or directing HisButHer.com to disclose the identity of anyone posting such materials.

Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.

22. Governing Law

These Terms of Use shall be governed by and interpreted in accordance with the laws of the Texas and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in the federal or state courts located in Texas.

23. Enforcement.

Any part of these Terms of Use that is found by a court of competent jurisdiction to be invalid or unenforceable will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties.