Last updated: November 13, 2007

JohnQ Terms of Service for Your Personal Use

Welcome! By using the video and audio content services available on JohnQ.com or JohnQAfterHours.com, by registering to receive services through JohnQ.com or JohnQAfterHours.com, or by purchasing content and/or services through JohnQ.com or JohnQAfterHours.com (collectively "JohnQ Services"), you hereby agree to be bound by the following terms and conditions of use ("Terms of Service").

Nature of Content

The audio and video content presented in association with the JohnQ Services, and the third party websites linked to in association with such video and audio content, are developed by entities over which JohnQ exercises no control. These sites may include content that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a JohnQ Services will not link to objectionable content and assume no responsibility for the content provided by such entities.

Adult Content

If you access any adult or mature content using the JohnQ Services, you represent and warrant that you (i) are at least 18 years of age (21 years of age in AL, MS, NE, WY, and any other location where the age of majority is greater than 18); (ii) are interested in accessing and viewing sexually oriented content; (iii) will not expose the content to a minor or any person who may find the content offensive; (iv) are familiar with the standards in your community regarding sexually oriented materials; (v) believe that the content on this site appeals to the healthy and normal human interests and standards in your community; and (vi) understand and accept that you may be exposed to visual images and sounds that graphically depict nudity and sexual activity, or are otherwise sexual and erotic in nature.

Usernames and Passwords

JohnQ may issue you (or you may create) a username and/or password to access certain portions of the JohnQ Services. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website. JohnQ shall not be responsible whatsoever in the event that your username and/or password are misappropriated by a third party.

Terms relating to Pay-Per-Minute, Membership Programs, and Trial Offers

4.1 Certain content provided through the JohnQ Services is available on a pay-per-minute (PPM) basis. What this means is that you purchase the right to view (on a streaming basis) the PPM Content by purchasing a certain number of minutes. The minutes are sold in various packages at various prices.

4.2 A valid credit card (VISA, MasterCard or Discover Card) is required to pay for PPM Content or to enroll in a membership program.

4.3 Trials. JohnQ provides different trial offers for the PPM Content. Trial offers may be free or paid. The details of each are discussed below. JohnQ reserves the right to cancel or modify these trials at any time.

4.3.1 Paid Trial PPM Offer. JohnQ will provide you with a total of 90 pre-paid viewing minutes over a three (3) consecutive day period, commencing when you first sign-up for the $4.95 paid trial (the "Paid Trial Offer") under the following terms and conditions:

4.3.1.1 You may only register for the Paid Trial Offer once. You may not register for the Paid Trial Offer using multiple names, e-mail addresses, user names or in any other manner meant or intended to obtain the Paid Trial Offer more than once.

4.3.1.2 In order to access the PPM Paid Trial Offer, you will be requested to enter a valid credit card number (for a card that JohnQ accepts) and accompanying information. We will verify your credit card information at that time and we will charge your credit card at that time for the amount of the Paid Trial Offer.

4.3.1.3 If you do not cancel the Paid Trial Offer within the Paid Trial Offer time period, you will (and you hereby consent to) be automatically enrolled in a JohnQ AdultPass membership program. Your credit card will be charged the applicable fee each and every month (or year, if applicable) thereafter until you terminate your subscription to the AdultPass membership program. The AdultPass membership program allows you to view PPM Content for the number of minutes specified in the Paid Trial Offer for which you have paid the applicable fee. JohnQ reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on our site.

4.3.2 Free Trial PPM Offer. JohnQ will provide you with a total of 30 pre-paid viewing minutes over a three (3) consecutive day period, commencing when you first sign-up for the paid trial (the "Free Trial Offer") under the following terms and conditions:

4.3.2.1 You may only register for the Free Trial Offer once. You may not register for the Free Trial Offer using multiple names, e-mail addresses, user names or in any other manner meant or intended to obtain the Free Trial Offer more than once.

4.3.2.2 In order to access the Free Trial Offer, you will be requested to enter a valid credit card number (for a card that JohnQ accepts) and accompanying information. We will verify your credit card information at that time.

4.3.2.3 If you do not cancel the Free Trial Offer within the Free Trial Offer time period, you will (and you hereby consent to) be automatically enrolled in a JohnQ VIP membership program. Your credit card will be charged the applicable fee each and every month (or year, if applicable) thereafter until you terminate your subscription to the VIP membership program. The VIP membership program allows you to view PPM Content for the number of minutes specified in the Free Trial Offer for which you signed-up for. JohnQ reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on our site.

4.4 Subject to the terms herein, you may sign-up for the Paid Trial Offer and/or the Free Trial Offer but you may sign up for each such offer only once.

4.5 JohnQ reserves the right to terminate, cancel, or change the Paid Trail Offer or Free Trial Offer at any time, with or without notice to you.

4.6 Billing. WE WILL BILL YOUR CREDIT CARD THE MONTHLY MEMBERSHIP PROGRAM RATE EACH AND EVERY MONTH THEREAFTER (IF YOU HAVE SELECTED A MONTHLY BILLING OPTION OR ON A YEARLY BASIS IF YOU HAVE SELECTED A YEARLY BILLING OPTION) UNTIL YOU TELL US TO STOP (or until we decide to stop, whichever comes first). That way, you have continuous access to the content in the membership program. If you decide at some point that you want to cancel your enrollment in a membership program, please contact a JohnQ Billing Customer Service representative at 1-800 935-5771 or email johnqbilling@dhdmedia.com. Please note that once you cancel your enrollment in a membership program, your enrollment will not officially cancel until your next billing cycle. When you cancel a membership program, you do not receive a refund for the month in which you cancelled.

4.7 JohnQ will automatically charge your account for renewal of your monthly (or yearly, as the case may be) membership program. The renewal charge will be the same as the prior month's (or year's) charge, unless otherwise notified in advance. In the event JohnQ cannot charge your account, we reserve the right to terminate your access to any content provided in association with the membership programs. Once you purchase a monthly or yearly plan to access the Fee-Based Services, you may cancel at any time.

For purposes of identification and billing, you agree to provide JohnQ with accurate, complete, and updated information required to purchase PPM Content or to subscribe to membership programs, including your name, address, and applicable payment data (e.g., credit card number and expiration date).

You agree to be financially responsible for all usage or activity on your PPM Content or membership program account.

4.8 Refunds If you purchased a Pay-Per-Minute time package or enrolled in a membership program and are not satisfied with your purchase, we will be more than happy to assist you with a refund request. Please contact our Billing Customer Service Department within 30 days of your purchase to request a refund. You can reach us using our toll-free number 1-800-935-5771, or email johnqbilling@dhdmedia.com.

4.9 Expiration of Minutes. Viewing minutes purchased for PPM content will automatically expire and will no longer be valid for use 90 days after the PPM minute package purchase date. This applies to PPM minute packages purchased a la carte, or purchased as part of a membership program.

Email Communications

When you register for any JohnQ Service, you will automatically receive email communications from JohnQ related to such service. To stop receiving a particular type of email communication from JohnQ, please click the "Unsubscribe" link at the bottom of any such email communication received from JohnQ.

Personal Use Only

The JohnQ Services are made available for your personal, non-commercial use only. You may not use JohnQ Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the content results from a JohnQ search and reformat and display them, or mirror the JohnQ.com home page or any other pages on your Web site. You may not "meta-search" JohnQ. If you want to make commercial use of the JohnQ Services, you must enter into an agreement with JohnQ to do so in advance. Please contact us for more information.

Privacy Policy

Click here to review the JohnQ Privacy Policy. Changes in Terms of Service

We may modify or terminate any of the JohnQ Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Disclaimer of Warranties

JohnQ disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in association with the John Q Services. JohnQ disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. JohnQ disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the JohnQ Services.

THE JOHNQ SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE JOHNQ SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. JOHNQ AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JOHNQ AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE JOHNQ SERVICES. JOHNQ AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE JOHNQ SERVICES. JOHNQ AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JOHNQ SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE JOHNQ SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE JOHNQ SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE JOHNQ SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL JOHNQ OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE JOHNQ SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF JOHNQ OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE JOHNQ SERVICES, FROM INABILITY TO USE THE JOHNQ SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE JOHNQ SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JOHNQ SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE JOHNQ SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE JOHNQ SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE JOHNQ SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE JOHNQ SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE JOHNQ SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall JohnQ or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Requests for Removal of Cached Materials

JohnQ may store web pages, video content files and audio content files in its cache to retrieve for users as a back-up in case the originating server temporarily fails. Content owners may request removal of their cached content. JohnQ evaluates such requests for the immediate removal of cached content on a case-by-case basis and does not guarantee that every request will be granted.

Miscellaneous Provisions

These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by JohnQ.