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PLEASE READ THIS CAREFULLY. THE
FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN
YOU AND Ferk Enterprises, Inc. ("Ferk Enterprises"). By using the
Ferk Enterprises web site ("Site") and/or downloading any content,
you agree to be bound by and comply with these Terms and Conditions
("Terms"). If you do not wish to be bound by these Terms, don't
use this Site.
Ferk Enterprises is a public access general purpose portfolio hosting web site and community for actors, agents, bodybuilders, models, singers, photographers, hair stylists, makeup artists and others from Entertainment Industry. Ferk Enterprises provides a hosting service for person to person display, marketing, and communication on a professional level between models and photographers and agents. Ferk Enterprises does not own or claim to own any personal portfolio content or images uploaded by individual users for individual promotion and presentation.
It is the responsibility of the user to abide by these Terms and site guidelines. Ferk Enterprises uses various third party payment systems; each user is responsible to review and abide by the rules of those systems.
Ferk Enterprises has consistently leaded the way in advanced features, data driven technology and ease of use. We have also always provided a premium service at zero cost to our clients and a nominal fee for more advanced clients.
These Terms apply to you, and if you are using this Site on your employer's behalf, to you and your employer. Ferk Enterprises reserves the right to change these Terms from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use. If you are acting within the scope of your employment as an employee, contractor, or agent of another party, you warrant that such party has full knowledge of your actions and has consented thereto.
These Terms are in addition to your obligations under the applicable Ferk Enterprises Content License Agreement (if any). In the event of any conflict between this Agreement and the Ferk Enterprises Content License Agreement, the Ferk Enterprises Content License Agreement will control as to the conflicting terms. If you are unsure of your rights or obligations under this Agreement, please contact Customer Service by e-mail at ferk@ferkenterprises.com
Permitted Use of this Site
This Site is owned and operated by Ferk Enterprises. All images, audio, video and related informational materials in any medium furnished by Ferk Enterprises hereunder, including related text, captions, or information (collectively referred to as "Content"), is owned by Ferk Enterprises or our licensors and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement or the applicable Ferk Enterprises' Content License Agreement (if any), no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Ferk Enterprises.
Prohibited Conduct
Unless authorized by Ferk Enterprises in writing, you may not:
promote and recruit Escorts, Escort Services, Personal Companions. Soliciting for, recruiting, or offering the services of escorts on this site is strictly prohibited;
deep link or employ software or any automatic device, technology or algorithm, to "crawl," "scrape," search or monitor the Site and/or retrieve or copy Content or related information;
violate the mechanical restrictions of the Site, or bypass other measures employed to prevent or limit access to the Site or Content by hacking or other means;
post sexually explicit images to the site. Sexually explicit images are not permitted on this site. Sexually explicit images include but are not limited to images of sexual intercourse, obvious states of sexual arousal, or overt sexual positions
copy, redirect, or exploit the Site or any Content;
link images from Ferk Enterprises to other sites, or the misuse of links from Other sites to Ferk Enterprises;
probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of Ferk Enterprises' customers; or
use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site;
Your use of this Site and any Content shall comply with all applicable law. Ferk Enterprises reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from Ferk Enterprises. Ferk Enterprises may also restrict or remove Content from the Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from Ferk Enterprises.
Registering for a Ferk Enterprises Account
Registration with Ferk Enterprises grants you certain privileges. For example, if you have registered for a Ferk Enterprises account and Ferk Enterprises has approved your registration, you may be able to access Content without a visible watermark. In applying for a Ferk Enterprises account, you agree to furnish true and accurate information. Ferk Enterprises reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Site and your account only by using the account number and password supplied to you by Ferk Enterprises. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this Site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Ferk Enterprises of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Content downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Ferk Enterprises of any unauthorized use. Ferk Enterprises cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Ferk Enterprises account or Site or related services.
Ferk Enterprises is not intended for users under the age of 18. If you are 18 years or younger do not submit a portfolio or any personal information. If you are a parent, or a legal guardian of a model 18 years or younger, ensure that you checked out the site if is appropriate for your needs, enter and approve all information, and that your email address and contact information is used at all times.
As a convenience, our Site may link to other sites that may be of interest to you but are not under Ferk Enterprises' control. These links do not imply endorsement by Ferk Enterprises and we are not responsible for the availability of or the content contained in any linked site.
Ferk Enterprises Trademarks
You may not use the trademarks or service marks of Ferk Enterprises without Ferk Enterprises' prior written consent. Ferk Enterprises, Ferk Enterprises logo, among others, are trademarks of the Ferk Enterprises. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Indemnification
You agree to indemnify and hold harmless Ferk Enterprises and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims including, without limitation, claims by third parties, liability, damages including punitive damages, judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to Your breach of any terms, conditions or restrictions of these Terms, Your use or modification of any Content, or combination of any Content, with any text or other content, Your failure to obtain from third parties all permissions necessary to use the Content,; and any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users.
Links
Ferk Enterprises, or third parties, may produce automated search results or otherwise provide links to other World Wide Web sites or resources. Because Ferk Enterprises does not review and have no control over such sites and resources, you acknowledge and agree that Ferk Enterprises is not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Account Access
When you register at Ferk Enterprises, you will choose a user name and assigned will be the password. You must provide truthful information when signing up with Ferk Enterprises and may not use any aliases or other means to mask your true identity. Your user name and password should be safeguarded at all times. You are responsible for the security of your user name and password and you acknowledge that Ferk Enterprises may assume that all activity under your user name and password has been authorized by you. You will be solely liable for any charges, use or unauthorized use under such user name and password.
Payments & Refund Policy
You can open a basic account and join for free or you will pay to Ferk Enterprises a deposit of not less than $6.00 for Premium and no less than $15.00 for Professional Account on the day you join the Program. It's free if you open basic account.. Any deposit you make is non-refundable, please think before you pay. You may add additional amounts at any time to your account and set it on recurring pay of services and/or membership. If at any time the balance in your account is insufficient limitation of the account will apply, Membership transfers to Basic Membership. All amounts payable by you to Ferk Enterprises in connection with the Program may be payable by credit card or wire transfer; provided, however, that Ferk Enterprises may, in its sole discretion, require that you use one specific method for making payments to Ferk Enterprises.
Please contact Client Services at ferk@ferkenterprises.com if you believe you may be eligible for our invoice payment plan.
If any amount payable is not received by Ferk Enterprises, when due, Ferk Enterprises may require you to pay activation fee and interest on such amount from the date such amount was due until the date on which it is paid at a rate equal to the lesser of 18% per year or the highest rate permitted by the applicable law and all costs and expenses (including attorneys fees and expenses) incurred by Ferk Enterprises in collecting such amount.
INDEPENDENT CONTRACTORS
You and Ferk Enterprises are independent contractors and not agents of the other for any purpose. Except in connection with Ferk Enterprises' performance in the operation of the Program, neither you nor Ferk Enterprises may act for the other or incur any indebtedness, liability or obligation on behalf of the other.
Violation of these Terms will cause your membership to be terminated and your profile to be removed from Ferk Enterprises without any notice whatsoever and without refund of any/all monies paid.
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