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.
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. Users are hereby notified
that a 3 Day Trial Membership will convert to a normal
monthly recurring membership of $29.95 US unless
the user contacts our CUSTOMER CARE CENTER least
1 day before the trial expires. 1 Month And 3 Month
Memberships! Users are hereby notified that Membership
will renew monthly at $29.95, unless user contacts
our CUSTOMER CARE CENTER 3 days before membership
expires. All membership cancellations can take place
by visiting our MEMBER
SERVICES area.
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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