Welcome to the OML MEDIA CORPORATION, also known as ONE MORE LESBIAN, (“One More Lesbian,” “We” or “Us”) website, www.onemorelesbian.com (the “Site”). We provide on-line access to the best lesbian theme related films, television, web series, commercials, music videos, animations and other lesbian related content through out the world (“Content”). Our Content, including our Video On Demand and any other features, tools, applications, materials, or other services offered from time to time by Us in connection with our business, however accessed, are referred to collectively as the “Services.” The Site is provided as a service to our viewers and your use of this Site is governed by these terms and conditions, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Terms & Conditions”). By using this Site, you acknowledge and agree to these Terms & Conditions and we reserve the right to revise these Terms & Conditions at any time, without any notice to you. If you do not agree to these Terms & Conditions, you may not access or use the Site. Any changes to these Terms & Conditions are effective upon posting to the Site. Your continued use of the Site shall be considered your acceptance of any modified Terms & Conditions.
Our Content offered on our Site is either aggregated from other sites (referred herein as “OML Standard”) or is available through Our Video on Demand, also known as “OML PLUS”. You can learn more about OML PLUS by clicking here. OML Standard provides our users the opportunity to aggregate the world’s lesbian theme films, television and video content that exists on other sites on one site. This means that none of the OML Standard content are hosted on our server. All of the OML Standard videos exist on other sites that are only embedded on Our Site.
All references to OML Services herein are intended to include OML Standard and OML PLUS. Notwithstanding, there is certain information in these Terms that relate only to OML PLUS as specified below. Please note, while most of OML Services are provided to you free-of-charge, OML PLUS will require payment by you.
OML PLUS SUBSCRIPTION & CHARGES
You can find the specific details regarding your subscription to OML PLUS at any time by clicking on Your Account. You agree that your OML PLUS account is for individual use only and your OML PLUS account is limited to only one simultaneous stream at a time. You must have Internet access and a current valid credit card or debit card, or other accepted payment method (“Payment Method”) to subscribe and have access to OML PLUS. OML PLUS is a Video on Demand services in which you are allowed to select and watch the selected Content on demand upon payment. Please note that prices and charges may vary based on the OML PLUS Content you select. You will be charged per Content you select in advance of your viewing. Upon subscribing for OML PLUS, you expressly agree and authorize Us to charge your Payment Method the applicable fee for the selected Content, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of OML PLUS. All charged are fully earned upon payment.
If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on Your Account.
CONSENT TO ELECTRONIC COMMUNICATION
By using our Service, you consent to receiving electronic communications from Us. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with Us. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
AVAILABILITY TO VIEW
The availability of the Content for instant viewing will change from time to time. The quality of the display of the streaming Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. We make no representations or warranties about the quality of your instant viewing experience on your display.
You may instantly watch any Content available on Our Site only in geographic locations where we offer our Services. The content that may be available to watch will vary by geographic location. We use technologies to verify your geographic location.
LIMITATIONS ON USE OF CONTENT
All Content provided to you on this Site are AS IS. We do not accept porn and reserve the right to remove any content that is pornographic at our sole discretion. You may access Content for your personal and non-commercial use solely as permitted under these Terms. We grant you a limited, non exclusive, non transferable, license to access our Services for specific purpose allowed herein. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without our prior written consent or the respective licensors of the Content. One More Lesbian and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You understand that when using our Services, you will be exposed to Content from a variety of sources, and that We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Us with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless One More Lesbian, its affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
While We encourage our viewers to embed content to our Site, you understand and agree that you may not embed any content that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Us at Our sole discretion or (ii) links to infringing or unauthorized content.
USER GENERATED CONTENT
One More Lesbian and/or its licensors own all right, title and interest in and to the Site, all Its Services including the content included on our Site or delivered to you as part of our Services, including but not limited to text, graphics, photographs, audio, video, logos, artwork, designs, data, computer code and other materials contained or displayed on the Site, as well as the look and feel and the design of the Site and the organization of the Content on the Site, including but not limited to any copyrights, trademarks, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant you ownership of any Content on the Site.
One More Lesbian and OML are registered trademark of One More Lesbian. Other trademarks that appear on our Site and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us. Any images of persons or personalities contained on our Site and user interfaces are not an indication or endorsement by Us or any particular product or Our Service unless otherwise indicated. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without Our written permission or that of the third party Trademark owner. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
COPYRIGHT COMPLAINT POLICY-INFRINGEMENT NOTIFICATION
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying One More Lesbian that your copyrighted material has been infringed.
Please provide the following information in the following order (including Section Numbers):
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I confirm, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Site should be emailed:
[email@example.com] Re: copyright infringement
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
LINKS TO OTHER WEBSITES
DISCLAIMERS OF WARRANTIES
ALL OUR SERVICES, INCLUDING OUR SITE AND USER INTERFACES, AND ALL CONTENT THEREIN, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH OUR SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO OUR SERVICES, OUR SITE AND USER INTERFACES, AND ALL CONTENT THEREWITH. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT WE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF OUR SERVICES, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (I) ERRORS OR OMISSIONS IN THE CONTENT DELIVERED THROUGH OUR SERVICES OR ON OUR SITE OR USER INTERFACES; (II) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF OUR SERVICES AND/OR SITE OR USER INTERFACES, (III) DELIVERY AND OR DISPLAY OF ANY CONTENT CONTAINED ON OUR SITE, USER INTERFACES, OR OTHERWISE THROUGH OURS SERVICE; AND (IV) ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON OUR SITE, USER INTERFACES, OR OTHERWISE THROUGH OUR SERVICES. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA OUR SITE IS ACCURATE, COMPLETE OR CURRENT. WE DO NOT REPRESENT OR GUARANTEE THAT YOUR USE OF OUR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND WE DISCLAIM ANY LIABILITY WITH RESPECT THERETO. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY NO ADVISE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAIN BY YOU FROM US OR THROUGH THE SITE SHALL CREATE A WARRANTY OR OTHERWISE CONSTITUTE A REPRESENTATION BINDING UPON OML OR ITS AFFILIATED PARTIES.. ONE MORE LESBIAN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
LIMITATION OF LIABILITY
You agree to fully and completely defend, indemnify and hold harmless One More Lesbian, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses including reasonable attorneys’ fees, arising in any way from or relating to your use of the Site or your breach or violation of the law or the Terms & Conditions.
We may, change, suspend or discontinue this Site at any time without any notice at our sole discretion. We may restrict, suspend or terminate your access to the Site and/or Services if we believe you are in breach of our Terms and Conditions or applicable law, or for any other reason without notice or liability. We will revoke the Site use privileges of users who are repeat infringers of intellectual property rights.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of California, Northern District of California, County of San Francisco. By using Our Site you agree to submit to the exclusive jurisdiction of the courts located in San Francisco County of the State of California.
We are a company based in the United States. We are committed to bring you as much Content as is legally available, within the limitation we have by the rights that our content licensors grant to us. Using technologies to access the Content from territories where We do not have rights or does not offer services is prohibited. This Site is controlled and operated by Us from our offices in California. These Terms & Conditions including, without limitation, any other Terms & Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Terms & Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Terms & Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of One More Lesbian to insist upon or enforce strict performance by you of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms & Conditions. Any action that you may desire to bring arising out of or related to these Terms & Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
EFFECTIVE DATE: November 3, 2011