Terms & Conditions
- Terms & Conditions
You must read and agree to these terms and conditions before you can join. Please read them carefully. By purchasing a Membership to the Site, you become a Subscriber and agree to be bound by these Terms and Conditions (the "Agreement"). This agreement is subject to change by Producción Extraordinaria S.L („PESL") at any time, and changes are effective without notice upon each Subscriber.
- Legal Definitions
"Member" or "Membership," as referred to in this document, means: The subscriber or User of a valid username and password (User ID) for the site during the term of membership.
"Site" or "The Website," as referred to in this document, means: http://www.hardwerk.com , and any other site within the "hardwerk.com" group of sites. The sites are owned and operated by Producción Extraordinaria S.L., Calle del Caño 7b, 28231 Las Rozas de Madrid, Spain.
"The Service," as referred to in this document, means: the duration of the Subscription, including access to materials on the Website.
"Subscriber," as referred to in this document, means: The end user or consumer, of the services of the site and holder of a valid username and password (User ID) for the site.
"User ID," as referred to in this document, means: The combination of unique username and password that is sold by HardWerk.com and used to access the site. A user-id is a license to use the site for a period of time that is specified.
"Bookmarking," as referred to in is document, means: The act of placing a URL into a temporary file on the subscriber's browser so that the subscriber may return to that page at a future date directly, without passing through other pages.
"Billing Provider," as referred to in is document, means: the Company or Service by which a person transfers funds to hardwerk.com for access to hardwerk.com
2. Description of services
The Website will provide one User ID and password to access the Website when you purchase a membership or access to content on the site. You are allowed to watch any of the movies in the catalogue as many times as you want in a streaming format. Regarding movie downloads, it's limited to 15 downloads per calendar month. The number of available downloads does not accumulate each month.
The Services may not be accessed or used where prohibited by law. You understand that by accessing or using the Services, you may encounter content that may be deemed mature, offensive, indecent or objectionable, which content may or may not be identified as having explicit language or adult themes, and which in certain circumstances may be due to your interactions with other users or members in the course of accessing or using the Services. YOU FULLY ASSUME ALL RISK OF LOSS AND RISK OF PERSONAL HARM ARISING OUT OF YOUR USE OF THE SERVICES, including but not limited to, any online or offline communications and personal interactions with others (such as dating). It is your responsibility to take all advisable and necessary precautions when interacting with individuals you meet or come into contact with through the Services.
The content provided through the Services, including but not limited to, the text, data, software, manuscripts, graphics, photographs, music, sounds, videos, interactive features, blogs, posts, feedback, messages, tags and other materials (collectively, "Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. All Content is provided to you solely for your information and personal, non-commercial use. You agree to not engage in the use, copying, or distribution of any Content other than as expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Services or Content. We or our licensors retain all intellectual and proprietary rights in and to the Services and Content, except as expressly provided herein. No right is granted to you herein to use any Marks.
3. Payment / Fee
The Website has periodic subscription fees that are defined by the Website at the time of the initial subscription purchase. All fees and prices are subject to local VAT. The member is responsible for all fees incurred. Payment will be via one of the Website's chosen billing providers. All sales are final.
4. Automatic Recurring Billing
Depending on the subscription model chosen, some accounts may rebill on a schedule as indicated on the initial join page. Rebilling must be cancelled by Member seven (7) days prior to renewal. The maximum Term of this agreement is 100 months. Unless and until this Agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorises hardwerk.com's billing agent to charge subscriber's credit card to pay for the ongoing cost of membership.
5. Electronic Receipt
Member will receive a receipt to their email provided upon initial subscription. It is the duty of the subscriber to maintain this receipt for the duration of the subscription. It will be required should any queries need to be addressed by the Website or its billing provider.
6. Cancellation
At any time, and without cause, subscription to the Service may be terminated by the Website, or the Subscriber upon notification of the other by electronic or conventional mail. It is the duty of the subscriber to ensure that the Subscriber receives an email from the Website's billing provider confirming the cancellation of the Subscription. The cancellation process is not complete until the Subscriber has received this email, and acted upon the instructions within it if applicable.
7. Refunds
Our refund policy applies under the following conditions: If you find we have misled you in any way (for example, we promise something in our free area that does not exist in our members area), we'll give you a refund. If your computer setup is of our minimum specs, and a significant portion does not work (you need to prove it!), we'll give you a refund. If our site is down for a significant portion of your subscription, we'll either extend your sub for double the time the site was down for, or give you a refund. If we supply something that is damaged or does not work and if you allow us reasonable time to fix the problem with your help, we'll give you a refund.
8. Bookmarking
Subscriber agrees that at any time they will not bookmark any page to the site that will allow the subscriber to bypass the terms and conditions of the site upon entering. If such a bookmark exists, said bookmark will constitute full agreement to said terms and conditions as well as to admission that subscriber is of legal age of majority in their state, country or region.
9. Authorization of Use
All memberships are provided for personal use and shall not be used for any commercial purposes or by any commercial entities without the express authorization of hardwerk.com. Commercial use of either the site or any material found within is strictly prohibited. No material within the site may be transferred to any other person or entity, whether commercial or non-commercial. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Authorization shall extend to copyright, trademarks, or other proprietary notice. Hardwerk.com reserves the right to terminate this license at any time if the terms of this agreement are breached. In the case that the terms are breached, you will be required to immediately destroy any information or material printed or otherwise copied from the site.
You further represent and warrant to us, under penalty of perjury, as follows:
- You have not and will not access or use the Services from any place or jurisdiction where such use is prohibited or contrary to applicable laws, rules, regulations, ordinances, edicts or customs, and you are not a national or resident of any country which the United States has (i) embargoed goods; (ii) identified as a "Specially Designated National"; or (iii) placed on the Commerce Department's Table of Deny Orders;
- Your use of the Services is and will be in compliance with all applicable laws, rules, regulations, ordinances, edicts or customs and
- If you establish an Account, you (i) have never been convicted of a felony; and (ii) are not required to register as a sex offender with any government entity or agency.
10. Unacceptable Abuse of Site
We prohibit the use of "spiders", site scrapers, quad suckers, and any programs similar in operation to gather bulk material from our site. Verbal abuse, harassment or revealing of models personal information is also not tolerated. Upon detection, subscribers who engage in said actions will have their accounts cancelled.
11. Transfer of User-id
Access to the site is through a combination of a username and a password (User ID). Subscribers may not under any circumstances release their User ID to any other person, and are required to keep his or her User ID strictly confidential. You will not provide or permit access or use of the Services, or your Account, by any minors. You represent and warrant that your Account information is current, complete and accurate and you will promptly update all information to keep your Account and billing information complete and accurate upon any change (such as change of billing address, credit card number or expiration date).
Hardwerk.com will not release passwords for any reason, to anyone other than the subscriber at the email address used when initially subscribing, except as may be specifically required by law or court order. Unauthorised access to the site is a breach of this Agreement and a violation of law. Subscribers acknowledge that the site will track, through the use of special software, each Subscriber's entry to the site by logging of IP address assigned by the Subscribers' Internet Service Provider. If any breach of security, theft or loss of a User ID, or unauthorized disclosure of a User ID occurs, subscriber must immediately notify hardwerk.com of said security breach. The Subscriber will remain liable for unauthorized use of service until the site is notified of the security breach by email, and confirmation of notification is received by the Subscriber. This notification is deemed complete ONLY when the Subscriber has received confirmation of notification.
12. 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons that appear in any visual depiction of actual sexually explicit conduct, simulated sexual content or otherwise, displayed on our Website, were at least eighteen (18) years of age at the time such depictions were created.
All other visual depictions displayed on this Website are exempt from provision of United States Code, Title 18, Section 2257 and 28 C.F.R. 75, because such visual depictions do not consist of depictions of conduct as specifically listed in the United States Code, Title 18, Part I, Chapter 110, Section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct.
Records required to be maintained pursuant to United States Code, Title 18, Section 2257, are kept by the custodian of records at: Producción Extraordinaria S.L., Calle del Caño 7b, 28231 Las Rozas de Madrid, Spain
13. Sanction and Approval of Adult Material
Hardwerk.com is designed to be used and viewed solely by Subscribers who are of legal age in their province, state or locality, and who wish to access visual images, audio sounds, descriptions of a sexually oriented and frankly erotic nature. Materials available within this site may include depictions that are visually graphic in nature and portrayals of nudity or sexual acts and should not be accessed be anyone who is not of legal age in their province, state or locality, by anyone who finds such material offensive in nature, or by anyone who simply does not wish to be exposed to such materials. By purchasing a Subscription, you are implicitly making the following statements:
"I swear or affirm, under penalty of Perjury, that I am of legal age in my province, state or locality. I will not permit any persons under the legal age in my province, state or locality to view or access in any way any materials found on this website.
"I understand that by accessing this website, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity, and sexual acts.
"I affirm that I am not offended by such materials, and that such materials are legal in my community.
"I certify that I wish to view, hear, and access such materials voluntarily, and I choose to do so because I want to view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters.
"I am completely familiar with the standards held in my community, and the material I expect to access in this site fall within these standards. In my experience, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors, and unwilling adults. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive."
14. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
15. Notice
Notices by the site to subscribers will be given by means of electronic messages through the site, or by a general posting on the site. It is the responsibility of the Subscriber to regularly check the email address specified upon joining of the website, to keep the website appraised of email address changes, and to ensure the email address supplied is kept operational and free from any event that might cause "bouncing". If the Subscribers email address becomes invalid, the Subscriber agrees to hold hardwerk.com harmless for any expenses incurred on a Subscriber's account (for example, rebilling when a cancellation notice goes unreceived by the Subscriber). Notices by Subscriber may only be given by email. All questions, complaints, or notices regarding the site or the Billing Provider may be directed to the Billing Provider or hardwerk.com. Cancellations of service to the site may be directed to the Billing Provider or hardwerk.com. This policy is subject to change, and such changes are effective without notice. Hardwerk.com may publicize notice of change to this Notice at its discretion.
16. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED "AS-IS" AND WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES TO THE FULLEST EXTENT PROVIDED BY LAW, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. TO THE EXTENT APPLICABLE LAWS PROHIBIT TERMS OF USE FROM DISCLAIMING ANY IMPLIED WARRANTY, SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE MINIMUM WARRANTY PERIOD REQUIRED BY LAW, AND IF NO SUCH PERIOD IS REQUIRED, THEN THIRTY (30) DAYS FROM FIRST USE OF THE SERVICES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
17. Limitation of Liability.
IN NO EVENT WILL HARDWERK.COM BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE TO INDEMNIFY US AND HOLD US HARMLESS FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND EXPENSES IN THE EVENT THAT YOU FIND OTHER USERS' OR MEMBERS' CONTENT TO BE OFFENSIVE, HARMFUL, OBSCENE, INACCURATE AND/OR DECEPTIVE. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18. Indemnification.
You agree to indemnify and hold us, our parent, subsidiaries, and affiliated entities, and ours and their shareholders, directors, officers, employees, agents, contractors, licensors and licensees, harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due to or arising out of your use of the Services or any breach or violation of these Terms.
19. Merger; Translations.
These Terms represent the entire understanding between the parties with respect to the subject matter hereof and supersede all previous understandings, written, oral or implied. Where we have provided you with a translation of the English language version of these Terms, then you agree that the translation is provided for your convenience only and that the English language versions of these Terms will govern your relationship with us. If there is any contradiction between what the English language version of these Terms and any translation, the English language version shall take precedence.