TERMS AND
CONDITIONS OF MEMBERSHIP
You must read and
agree to these terms and conditions before
you can become an active member of this site. Please read
them carefully.
- For good and
valuable consideration, the sufficiency of which
is acknowledged by you and the Company, you
hereby agree to become a subscriber to this site,
and agree to be bound by all the terms and
conditions set forth in this agreement (the
"Agreement"). The parties to this
Agreement are you, the Subscriber, and this site.
Subject to the terms and conditions set forth in
this Agreement, the Company agrees to provide to
you all the privileges of subscription to this
site available to a Subscriber in good standing.
This Agreement is subject to change by Company at
any time, and changes are effective upon notice
to the Subscriber by e-mail, posting at or via
hyperlink to this site, or by mail.
- ALL
MATERIALS, INCLUDING MESSAGES, AND OTHER
COMMUNICATIONS, CONTAINED AT this site ARE
INTENDED FOR DISTRIBUTION EXCLUSIVELY TO
CONSENTING ADULTS IN LOCATIONS WHERE THE
MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT this site DO NOT VIOLATE ANY
COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR
LOCAL LAW OR REGULATION OF THE UNITED STATES OR
ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF
EIGHTEEN (18) YEARS MAY DIRECTLY OR INDIRECTLY
VIEW OR POSSESS ANY OF THE CONTENTS OF this site
OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES
ADVERTISED AT OR IN this site. YOU HEREBY
ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR
DOWNLOADABLE FROM this site INCLUDE EXPLICIT
VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF
NUDITY AND HETEROSEXUAL, BI-SEXUAL, AND/OR
TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT
YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND
THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS.
YOU HEREBY
FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY
OVER THE AGE OF EIGHTEEN YEARS AND ARE CAPABLE OF
LAWFULLY ENTERING INTO THIS AGREEMENT.
- I acknowledge
and agree that all materials contained at this
site are proprietary and constitute valuable
intellectual property. I acknowledge and agree
that as such, I may only access, view, download,
receive and otherwise use the materials available
at this site only as authorized by the Company. I
agree that I shall at no time access, view,
download, receive or otherwise use, or cause or
enable others to access, view, download, receive
or otherwise use materials, directly or
indirectly in places which the Company does not
authorize such access, viewing, downloading,
receipt or other use. I hereby acknowledge and
agree that no materials from any parts of this
site are authorized, and no materials are
intended, by the Company to be accessed, viewed,
downloaded or used by, or transmitted, broadcast
or otherwise disseminated to any person or entity
located in any and all areas prohibited by law. I
agree that any and all unauthorized access,
viewing, downloading, receipt, duplication or
other use of materials from this site, in which I
am directly or indirectly involved, including,
but not limited to accessing, viewing,
downloading, receiving or other use of materials
in PROHIBITED AREAS in any manner shall
constitute intentional infringement(s) of this
site's and potentially other's intellectual
property rights and other rights in such
materials and shall further constitute a
violation of this site's trademark and other
rights, including, but not limited to, rights of
privacy.
- I agree to be
personally liable and fully indemnify this site
for any and all damages directly, indirectly
and/or consequentially resulting from my
attempted or actual unauthorized downloading or
other duplication of materials from this site
alone, or with or under the authority of, any
other person(s), including, without limitation,
any governmental agency(ies), wherein such
damages include, without limitation, all direct
and consequential damages directly or indirectly
resulting from unauthorized downloading of
materials from this site including, but not
limited to, damages resulting from loss of
revenue, loss of property, fines, attorney's fees
and costs, including, without limitation, damages
resulting from prosecution and/or governmentally
imposed seizure(s), forfeiture(s), and/or
injunction(s).
- Some or all
of the following fees and charges may be incurred
by the Subscriber:
a.
Subscription Fees. The Subscriber is responsible
for paying periodic subscription fees according
to the then-current billing terms. Subscription
fees are non-refundable; and you must be 18 years
of age or older to receive a membership to this
site. For your convenience and satisfaction, all
memberships will automatically renew upon
expiration unless your subscription is cancelled
at least 24 hours prior to expiration. The cost
of renewal will not exceed monthly membership
costs at time of members' initial subscription.
Cost of renewal will not be affected by any
increase in this site subscription rates.
b. Other fees
and/or charges for goods and services ordered at,
through and/or from this site and its licensees.
- Subscriptions
may not be assigned or transferred to any other
person or entity. Subscriber must promptly inform
Company of the following: changes in the
expiration date of any credit card used in
connection with this site; changes in home or
billing address; and apparent breaches of
security, such as loss, theft, or unauthorized
disclosure or use of an ID or password. Until
Company is notified, by conventional mail, web site form, or by
telephone to this site's Customer Service
Department at (888) 968-5834, during normal
business hours of a breach in security, the
Subscriber will remain liable for any
unauthorized use of this site. Upon request,
Subscribers will be given access to billing
records that support charges for use of the this
site.
- Payment for
the services provided to you at and/or through
this site may be made by automatic credit card or
check debit and you hereby authorize Company and
its agents to transact such payments on your
behalf. You agree not to report as lost or stolen
any credit card which you have used in
conjunction with payment to this site, or as
unauthorized any charge by this site, for any
goods or services, including subscription, for
which you do not have good reason to believe is,
in fact, lost, stolen or unauthorized. You hereby
agree that any such fraudulent reporting of a
lost or stolen credit card used to obtain goods
or services from this site or any fraudulent
reporting of an unauthorized charge to this site
on your credit card which has been made by you or
anyone under your authority, at a time when a
charge or other obligation for payment for goods
and/or services to this site remains outstanding
at the time of such fraudulent reporting, you
shall be liable to this site for liquidated
damages of $25,000.00. The liability for
liquidated damages specified in this Paragraph
shall not limit any other liability you may have
for breach(es) of any other terms, conditions,
promises and warranties set forth in this
Agreement.
- Subscription
to this site may be terminated at any time, and
without cause, by either Company or Subscriber
upon notification of the other by electronic or
conventional mail, or by telephone. You agree to
be personally liable for all charges incurred by
you during or through the use of this site. Your
liability for such charges shall continue after
termination of your membership for any reason.
- Subscribers
are responsible for providing all personal
computer and communications equipment necessary
to gain access to this site. Access to and use of
this site is through the use of a password. Each
Subscriber must keep his password strictly
confidential. For security reasons, this site
will not release passwords. Unauthorized access
to this site is a breach of this Agreement and a
violation of law.
- Subject to
the terms and conditions set forth herein, this
site hereby grants you a limited, non-exclusive
and non-transferrable license to use graphic
files, audio files, video files, text,
hyperlinks, interlinks, search engines, and other
software associated with authorized Subscriber
use of this site which Company provides
("Materials") during the period in
which you are a current Subscriber in good
standing. You may use the Materials only in
accordance with the terms and conditions of your
membership, only on one computer at a time and,
if downloadable copies of the Materials are made
available by this site, you may make only a
single copy of such Materials for your personal
use and enjoyment. You may not remove any
propriety notices from Materials at any time. You
may make no use of Materials not expressly
authorized herein or by prior express written
authorization from Company. Prohibited uses,
include, without limitation: (1) permitting other
individuals to directly or indirectly use the
Materials; (2) modifying, translating, reverse
engineering, decompiling, disassembling the
Materials (except to the extent applicable laws
specifically prohibit such restriction); (3)
making copies or creating derivative works based
on the Materials except as provided herein; (4)
renting, leasing, or transferring any rights in
the Materials; (5) removing any proprietary
notices or labels on the Materials; and (6)
making any other use of the Materials. This
license does not grant you any rights to any
software enhancements or updates of any kind.
- Except for
public domain material or material otherwise
licensed to Company for electronic dissemination,
all Materials displayed at or otherwise available
through this site are proprietary, and, except
for initial downloading, may not be copied,
redistributed, or downloaded, in whole or in
part, without the prior written authorization of
Company. All editions of this site, and all
Materials and other matter used directly or
indirectly in, at, by, through and/or with this
site are protected by the copyright laws of the
United States, international copyright treaties
and other laws and regulations. All rights are
reserved. All intellectual property and other
rights in and to the Materials and other matter
at this site shall at all times remain in
Company, its parent(s), subsidiary(ies),
licensee(s) and assign(s). All intellectual
property and other rights in and to any
intellectual property content accessed through
the Materials is the property of the applicable
content owner, which may be the Company, its
parent(s), subsidiary or subsidiaries,
licensee(s) and assign(s), or others, and may be
protected by applicable copyright and/or other
laws. The limited and non-exclusive license
granted to you herein grants to you no rights to
use such content except as set forth herein. This
license will immediately terminate automatically
if you fail to comply with the limitations
described herein, breach any other provision of
this Agreement, cease, for any reason, to be a
Subscriber in good standing, or are notified of
its termination by the Company or its authorized
agent(s). You agree that upon such termination,
you will immediately destroy all copies of the
Materials in your possession.
- You agree
that Materials and all other services provided to
you by Company are provided on an "AS
IS" basis, without warranties of any kind,
including without limitation the warranties of
merchantability, fitness for a particular purpose
and non-infringement. The entire risk as to the
quality and performance of the Materials and all
services provided by Company is borne by you.
Should the Materials or any other service
provided by Company prove defective and/or cause
any damage to your computer or inconvenience to
you, you, and not Company, assume the entire cost
and all damages which may result from any and all
such defects. This disclaimer of warranty
constitutes an essential part of the Agreement.
Some states do not allow exclusions of an implied
warranty, so this disclaimer may not apply to you
and you may have other legal rights that vary
from state to state or by jurisdiction. Under no
circumstances and under no cause of action or
legal theory, shall Company, its suppliers,
licensees, resellers, or other subscribers, or
their suppliers, licensees, resellers or
subscribers be liable to you or any other person
for any indirect, special, incidental, or
consequential damages of any character including,
without limitation, damages for loss goodwill,
work stoppage, computer failure or malfunction,
or any and all other commercial damages resulting
from any use of Materials or other use of this
site.
- Company does
not screen or endorse advertisements or
communications submitted to this site by
third-party licensees, advertisers, or
subscribers for electronic dissemination through
this site. Subscribers are therefore advised to
use their own judgment to evaluate all
advertisements and other communications available
at or through the use of this site prior to
purchasing goods and/or services described at
this site or otherwise responding to any
communication at this site.
- Any liability
of Company, including without limitation any
failure of performance, error, omission,
interruption, deletion, defect, delay in
operation or transmission, communications line
failure, theft or destruction or unauthorized
access to, alteration of, or use of records,
whether for breach of contract, tortious
behavior, negligence, or under any other cause or
action, shall be strictly limited to the amount
of membership fee paid by or on behalf of the
subscriber to Company for the preceding month.
Some states do not allow the limitation or
exclusion of liability for incidental or
consequential damages, so the above limitation or
exclusion may not apply to you.
- Company is
not liable for damages resulting from
disseminating, failing to disseminate, or
incorrectly or inaccurately disseminating any
Materials, data, advertisement or other
communication at or through this site.
- No warranty
is made by Company regarding any information,
services, Materials or products provided through
or in connection with the this site, and Company
hereby expressly disclaims any and all
warranties, including without limitation: 1) any
warranties as to the availability, accuracy, or
content of Materials, information, products, or
services; 2) any warranties of merchantability or
fitness for a particular purpose. Some states do
not allow the exclusion of implied warranties, so
the above exclusion may not apply to you.
- "this
site" is a service mark of this site,
INCORPORATED. All rights are reserved.
- All materials
included at this site are for the private use by
Subscribers only. No other uses are intended by
the Company and any other use is strictly
prohibited.
- If the
Company should at any time provide any service
which enables Subscribers to communicate with or
otherwise share information with other
Subscribers or persons providing any kind or
service to Subscribers, you agree not to submit,
publish, display, disseminate, or otherwise
communicate any defamatory, inaccurate, abusive,
threatening, offensive, or illegal material while
connected to or otherwise directly or indirectly
using this site or other services provided to you
by Company. Transmission of such material or any
material that violates any federal, state, or
local law in the United States or anywhere else
in the world, is strictly prohibited and shall
constitute a material breach of this Agreement
entitling Company to immediately terminate all
rights to access to this site. You are solely
responsible for all information which you submit,
publish, display, disseminate or otherwise
communicate through this site even if a claim
should arise after termination of service. If the
Company provides any such service described
herein, you agree that all messages and other
communications by you shall be deemed to be
readily accessible to all other Subscribers who
are authorized to access this site and agree that
all such messages and other communications shall
not be deemed to be private or secure. Regardless
of whether the Company provides any type of
service described herein, you agree that you have
hereby been informed and noticed that any and all
messages and other communications which you
submit to Company directly or through this site
can be read by the operators and/or other agents
of Company, whether or not they are the intended
recipient(s).
- Notices from
this site to Subscribers may be given by means of
e-mail, by general posting on this site, or by
conventional mail. Communications from you to the
Company may be made by e-mail, conventional mail
or telephone. All questions, complaints, or
notices to this site may be sent in the following
manner:
a. by
means of the web site
form;
or
b. by
telephone to this site's Customer Service
Department during normal business hours to
888-968-5834.
- This
Agreement contains the entire agreement between
the Subscriber and Company regarding Subscribers'
use of this site, Materials and all materials
directly and indirectly related thereto. This
Agreement supersedes all prior written and oral
understandings, writings, and representations and
may only be amended upon notice by Company. This
Agreement shall be governed by and construed
under the laws of the State of California and the
United States as applied to agreements between
California state residents entered into and to be
performed within the State of California, except
as governed by Federal law. The application of
the United Nations Convention of Contracts for
the International Sale of Goods is expressly
excluded. If any provision of this Agreement is
held to be unenforceable for any reason, such
provision shall be reformed only to the extent
necessary to make it enforceable. Unless
otherwise explicitly stated, the provisions of
this Agreement shall surviveits termination.
YOU HEREBY
AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS BY
CLICKING WHERE INDICATED BELOW AND BY AUTHORIZING
THE USE OF YOUR CREDIT CARD FOR PAYMENT OF
CHARGES AND FEES FOR YOUR OBTAINING A
SUBSCRIPTION TO this site.
SELECT
"I AGREE" TO INDICATE THAT YOU HAVE
READ THE MEMBERSHIP AGREEMENT IN ITS ENTIRETY,
UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS
AND CONDITIONS SET FORTH IN THE MEMBERSHIP
AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE
CURRENTLY OVER THE AGE OF 18 YEARS AND UNDERSTAND
THAT MATERIALS PRESENTED AT this site INCLUDE
NUDITY, VISUAL AND AUDIO PRESENTATIONS OF SEXUAL
SITUATIONS AND ADULT LANGUAGE.
IF YOU DO NOT
AGREE TO ALL OF THE TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT, ARE NOT OVER 18 YEARS OF
AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING
LOCATION, SELECT THE "I DO NOT AGREE".
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