| Before
YOU are authorized to visit or access materials
provided at the website (referred to herein
as “Service” or “website”), YOU are required
to read and accept the following Terms and
Conditions of Access, Use and Membership (the
“Agreement”). PLEASE
TAKE CARE TO CAREFULLY READ AND UNDERSTAND
EACH AND EVERY PROVISION CONTAINED IN THIS
AGREEMENT PRIOR TO DETERMINING WHETHER YOU
AGREE TO PROCEED INTO THIS WEBSITE.
1.
Binding Agreement. This
Agreement is made and entered into by and
between YOU, a person desiring to access and
make personal use of the materials appearing
in the website (“YOU”), and the owner and
operator of the website ("COMPANY"). For good
and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged
by YOU and COMPANY, and by further accessing
or otherwise taking advantage of the services
and materials provided by the website, YOU
agree to be bound by all the terms and conditions
set forth herein. Subject to the provisions
set forth in this Agreement, COMPANY grants
YOU a non-exclusive, but wholly revocable
license, to access to the web site. This Agreement
is subject to change by COMPANY without notice
and at any time, and changes are effective
upon notice to YOU by via email.
2. Local Laws.
ALL TEXT, IMAGES, GRAPHICS, MESSAGES AND COMMUNICATIONS,
FOUND IN THE WEBSITE (COLLECTIVELY REFERRED
TO HEREIN AS "CONTENT") ARE ONLY AUTHORIZED
FOR DISTRIBUTION EXCLUSIVELY TO PERSONS OVER
THE AGE OF MAJORITY (EIGHTEEN (18) YEARS OF
AGE IN MOST JURISDICTIONS, BUT 21 YEARS OF
AGE IN AL, MS, NE, NY ALL OTHER JURISDICTIONS
WHERE 21 IS THE AGE OF MAJORITY) WHO ACCESS
THE WEBSITE IN LOCATIONS WHERE SUCH CONTENT
DOES NOT INFRINGE UPON OR VIOLATE ANY LOCAL
STANDARD OF DECENCY OR ANY FEDERAL, STATE
OR LOCAL LAW OR REGULATION OF THE UNITED STATES
OR ANY OTHER COUNTRY. NO PERSON WHO IS UNDER
THE AGE OF EIGHTEEN (18) YEARS (OR 21, WHERE
APPROPRIATE) MAY DIRECTLY OR INDIRECTLY VIEW,
DOWNLOAD OR POSSESS ANY OF THE CONTENTS OF
THE WEBSITE. YOU are responsible for knowing
and understanding the standard of decency
and other laws ad regulations in place in
YOUR community concerning adult-oriented content,
and COMPANY in no way represents or warrants
that the content contained in the website
is compliant with YOUR local laws.
YOU should not enter this website,
unless YOU further represent and warrant as
follows:
“I VOLUNTARILY CHOOSE
TO ENTER THIS WEBSITE BECAUSE I WANT TO VIEW,
READ AND/OR HEAR THE VARIOUS MATERIALS WHICH
ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT,
INFORMATION AND/OR EDUCATION. MY CHOICE IS
A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS
WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL
AND WHICH, IN MY EXPERIENCE, IS GENERALLY
SHARED BY AVERAGE ADULTS IN MY COMMUNITY.
I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY
REGARDING THE ACCEPTANCE OF SUCH SEXUALLY
ORIENTED MATERIALS, AND THE MATERIALS I EXPECT
TO ENCOUNTER ARE WITHIN THOSE STANDARDS. IN
MY JUDGMENT, THE AVERAGE ADULT IN MY COMMUNITY
ACCEPTS THE CONSUMPTION OF SUCH MATERIALS
BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS
THIS WHICH TAKE REASONABLE AND PRUDENT MEASURES
TO INSULATE THE MATERIALS FROM MINORS AND
UNWILLING ADULTS, AND WILL NOT FIND SUCH MATERIALS
TO APPEAL TO A PRURIENT INTEREST OR TO BE
PATENTLY OFFENSIVE."
3.
Sexual Content. THIS
WEBSITE CONTAINS GRAPHIC DEPICTIONS OF NUDITY
AND SEXUAL CONDUCT. YOU HEREBY ACKNOWLEDGE
AND AGREE THAT CONTENT CONTAINED IN THE WEBSITE
MAY REFLECT EXPLICIT DEPICTIONS OF NUDITY
AND HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND
TRANSSEXUAL SITUATIONS OF A SEXUAL NATURE,
THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS
KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH
MATERIALS.
IF YOU ARE, OR MAY BE, SO OFFENDED,
YOU ARE STRONGLY ADVISED TO REFRAIN FROM ACCESSING
THE WEBSITE.
4.
5 Day Trial Period. SHOULD
YOU ACCESS THE WEBSITE ON THE BASIS OF A TRIAL
MEMBERSHIP, BE ADVISED THAT ALL TRIAL MEMBERSHIPS
WILL AUTOMATICALLY BECOME A REGULAR
MONTHLY MEMBERSHIP SUBSCRIPTION AT THE END
OF THE TRIAL PERIOD UNLESS YOU CANCEL YOUR
MEMBERSHIP AT LEAST 24 HOURS BEFORE THE END
OF THE TRIAL PERIOD BY USING OUR ONLINE TOOLS
OR BY EMAILING WITH YOUR USERNAME AND SUBSCRIPTION ID
NUMBER.
5. FOR "30-MINUTE" PASSES, PLEASE BE SURE
NOT TO EXCEED THE 30 MINUTE PERIOD OR YOU
WILL BE CHARGED A MONTHLY MEMBERHSIP.
MONTHLY MEMBERSHIP SUBSCRIPTIONS ARE RECURRING
SUBSCRIPTIONS MEANING THAT YOU WILL AUTOMATICALLY
BE BILLED MONTHLY AT THE THEN-CURRENT MONTHLY
RATE (as specified on the site's JOIN page)
UNTIL YOU CANCEL YOUR MEMBERSHIP.
6.
Restrictions on Use of Content.
All content, including images, text, graphics,
video and audio content (the “Content”) contained
in the website is protected under the laws
of copyright, owned or under license to COMPANY
or its designees, and represents proprietary
and valuable intellectual property. YOU cannot, under any circumstances,
access, view, download, receive and make use
of said Content except as specifically and
in writing authorized by COMPANY. Upon becoming a subscriber
member of the website, the COMPANY grants
YOU a limited, non-exclusive, non-transferable,
revocable license to access and view the graphics
files, audio files, video files, text, hyperlinks,
interlinks, search engines and other software
associated with authorized subscriber member
use of the Content. YOU agree that YOU 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. YOU hereby acknowledge and agree that
no materials from any parts of the website
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 designated as PROHIBITED
AREAS below. YOU agree that any and all unauthorized
access, viewing, downloading, receipt, duplication
or other use of materials from the website,
in which YOU 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 the website
and potentially other's intellectual property
rights and other rights in such materials
and shall further constitute a violation of
COMPANY's intellectual property, trademark,
copyright and other rights, including, but
not limited to, rights of privacy.
PROHIBITED ACCESS AREAS
All of the following areas constitute PROHIBITED AREAS from which
no part of the website may be accessed, viewed,
downloaded or otherwise received:
A. All parts of the United States of America corresponding to the
entire areas corresponding to these United States Postal Service zip codes;
B. All parts of the following countries: Afghanistan, Kuwait, Iran,
Iraq, Japan, Jordan, Libya, Pakistan, The
Republic of China, Singapore, Saudi Arabia,
Syria, The United Arab Emirates; and
C. All parts of every other geophysical place corresponding to a
political entity or part thereof in which
the access, viewing, downloading or other
use of materials at the website would,
or could reasonably, constitute a violation
of any law, regulation, rule or custom.
YOU shall at no time access, view, download, receive or otherwise
use, or cause or enable any other person or
entity to access, view, download, receive
or make use of any portion of said Content,
directly or indirectly in places where COMPANY
does not authorize such access, viewing, downloading,
receipt or other use, including but not limited
to “Restricted Areas.” As used herein, “Restricted
Areas” means the following geographical areas: Any nation, state or province
or portion thereof where the access, viewing,
downloading or any other use of the Content
would, or could reasonably, be a violation
of any civil or criminal law, governmental
regulation or court decision.
7.
Regular Member Subscriptions. Upon subscribing as a website
member, YOU hereby authorize COMPANY’S payment
processing agent
(Paycom.net, CCBill, or other authorized
agent as disclosed on the “join page” of the
website) to charge your credit card (or other
approved payment facility) for periodic RECURRING
subscription fees according to the then-current
billing terms for the Service. Monthly rates
of Your subscription will be AUTOMATICALLY
renewed at the rate specified on the site's
JOIN page and your credit card (or other approved
facility) will be charged at the then-current
subscription rate unless you notify the COMPANY
that you wish to cancel your subscription
no less than four (4) days prior to the end
of the preceding billing period. Subscription
fees are earned upon receipt and are non-refundable,
whether or not termination is at your request.
YOU are liable for any subscription charges
incurred by you up to and until termination
of the Service. All charges will appear on
your credit card statement according to the
terms of service of COMPANY’s payment processing
agent. YOU hereby further authorize
COMPANY’s payment processing agent to charge
your credit card (or other approved facility)
for any and all purchases of products, services
and entertainment made by YOU through the
Service. YOU agree not to report as lost or
stolen any credit card which you have used
in conjunction with such payment to YOUR issuing
bank or to the COMPANY or its payment agent
for goods or services which you do not have
good reason to believe is, in fact, lost or
stolen. You further agree not to report as
unauthorized any charge for goods or services
(including subscriptions) which you have,
in fact, ordered from the COMPANY. You hereby
agree that any such false reporting of a lost
or stolen credit card or of unauthorized charges
cause severe business and financial harm to
COMPANY and shall render YOU liable to COMPANY
for liquidated damages in the amount 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. Upon request,
Subscribers will be given access to billing
records that support charges for use of the
Service. BY
FILLING OUT AND SUBMITTING THE CREDIT CARD
DATA FIELDS ON THE JOIN FORM, YOU APPOINT
COMPANY AS YOUR AUTHORIZED AGENT FOR THE LIMITED
PURPOSE OF COLLECTING SAID CREDIT CARD DATA
AND TRANSMITTING IT IN A SECURE OR ENCRYPTED
FORMAT TO THE CREDIT CARD MERCHANT FOR THE
PRODUCT SO PURCHASED ON THE JOIN FORM.
8.
ID and Password. Upon becoming
a member of the website, COMPANY’s authorized
payment processing agent will provide YOU
with a unique ID and password which allows
access to the website.
The ID and password are, and shall
remain, the sole and exclusive property of
said agent, and are issued to YOU in the form
of a revocable license.
The ID and password are confidential
and proprietary material of said agent.
YOU have a strict obligation to keep
the ID and password confidential. Should the
confidentiality of either YOUR ID or password,
or if either becomes, or YOU have reason to
believe that either may have become, compromised
or learned by a person other than YOU, YOU
must immediately so inform COMPANY and the
appropriate payment processing agent on your
account via e-mail. Remember YOUR ID and password,
because COMPANY and the payment processing
agent will not release that information
to anyone, including YOU, for any reason.
9.
Accurate Credit Card Information.
If the address or any other information pertaining
to YOUR credit card is changed for any reason,
including changes in the home or billing address,
changes in the card expiration date, or if
YOUR credit card is lost or stolen, YOU must
immediately inform the payment processing
agent on your account and COMPANY via e-mail.
YOUR failure to do so is a material
breach of this Agreement, and, in the event
of YOUR failure to so notify said agent
and COMPANY, agent and COMPANY disclaim
any and all responsibility for charges posted
to a lost or stolen credit card.
10.
Security Breach. YOUR
subscription cannot be assigned or transferred
to any other person or entity. YOU must promptly
inform the payment processing agent on your
account and COMPANY of any apparent
breaches of security, such as loss, theft,
or unauthorized disclosure or use of an ID
or password. Until said agent and COMPANY
are notified, by conventional mail, electronic
mail to Paycom.net and CCBILL or by telephone to Paycom (800-893-8871)
and CCBILL (888-596-9279 US COMPANY’s
during normal business hours of a breach in
YOUR account’s security, YOU will remain liable
for any unauthorized use of the Service.
11. No Fraud Concerning
Payment.
Payment
for the services provided to you at and/or
through the website may be made by automatic
credit card or debit card debit and you hereby
authorize COMPANY’s authorized payment processing
agent 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 the website, or as unauthorized
any charge by the website, 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 the website, or
any fraudulent reporting of an unauthorized
charge to the website 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 the website remains
outstanding at the time of such fraudulent
reporting, you shall be liable to COMPANY 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.
12. Indemnification. YOU agree to indemnify and
hold harmless COMPANY from and against any
claims, losses, liabilities, actions, suits
or other expenses (including reasonable attorney’s
fees) arising out of a breach by YOU of any
of YOUR covenants, representations or warranties
contained herein. YOUR representations and
warranties include:
- YOU at least 18 years
of age (at least 21 in jurisdictions having
21 as the age of majority);
- YOU understand that
the Service includes graphic depictions of
sexually explicit materials and YOU freely
and voluntarily choose to gain access to and
view these materials;
- YOU have never informed
law enforcement, the U.S. Postal Service or
other governmental agency that YOU do not
desire to obtain or receive sexually explicit
materials;
- YOUR personal and credit
card information, provided to the COMPANY
in connection with YOUR free trial and/or
membership subscription is true and accurate
in all respects and YOU will promptly notify
the COMPANY of any changes in that information;
- YOU will not permit
any other person or entity to have access
to YOUR password or ID and YOU will at no
time authorize, permit or assist any other
person, including but not limited to persons
who are minors, access to the Service.
- YOU will not bookmark
the Website so as to bypass these terms and
conditions of service unless you have read,
understood and agreed thereto.
13.
No Warranties. THE SERVICE
IS PROVIDED ON AN “AS IS” BASIS. COMPANY GRANTS
NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE OTHER THAN THOSE WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER APPLICABLE LAW.
NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY COMPANY, ITS AGENTS OR EMPLOYEES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THIS PARAGRAPH. COMPANY IS NOT
RESPONSIBLE TO YOU FOR ANY DELAY IN TRANSMISSION
OF CONTENT OR WEBSITE DOWNTIME. YOU are responsible for having
and maintaining the personal computer equipment
and Internet access necessary to make use
of the Service
14.
Limitation of Liability.
IN NO EVENT SHALL COMPANY BE LIABLE TO YOU
OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR
PROFITS OR FOR ANY INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF, OR INABILITY OT USE, THE SERVICE OR THE
CONTENTS THEREOF, EVEN IF COMPANY WAS PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER
PERSON. YOUR SOLE AND EXCLUSIVE REMEDY IN
THE EVENT OF A BREACH OF THIS AGREEMENT BY
COMPANY IS A REFUND OF NO MORE THAN ONE MONTH’S
MEMBERSHIP FEE.
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 the website.
15.
Termination of Membership.
The Service may be terminated by COMPANY
at any time, with or without cause. In such event, YOU agree to
be personally liable for all charges incurred
by YOU during YOUR use of the website. YOU
shall remain liable for such charges after
termination of YOUR access rights. YOU may
terminate YOUR Subscription to the
Service at any time, and without cause,
upon notification to COMPANY or its authorized
billing agent on YOUR account by electronic
or conventional mail, or by telephone or
by filling out the cancellation form . YOU
agree to be personally liable for all charges
incurred by you during or through the use
of the website until the COMPANY receives
proper notice of your cancellation and cancellation
will be effective at the end of the then
current month of your membership. Your liability
for such charges shall continue after termination
of your membership for any reason. In the
event a Refund is issued to YOU, the Refund
will be in the form of a credit to the credit
card that was charged for YOUR purchase;
Refunds are not made in the form of cash,
check or free services.
16.
Advertising Messages.
COMPANY does not screen or endorse advertisements
or communications submitted to it by third-party
licensees, advertisers, or visitors for
electronic dissemination through the website.
YOU are advised to use YOUR own judgment
to evaluate all advertisements and other
communications available at or through the
use of the website prior to purchasing goods
and/or services described therein or otherwise
responding to any communication at the website.
17.
Subscriber Communications. 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 the
website 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 the website. You are solely
responsible for all information which you
submit, publish, display, disseminate or
otherwise communicate through the website 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 the website 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 the website
can be read by the operators and/or other
agents of COMPANY, whether or not they are
the intended recipient(s).
18.
Notices.
Notices from COMPANY to YOU
may be given by means of e-mail, by general
conspicuous posting on the website. Notices,
questions or communications from YOU to
the COMPANY may be made by e-mail to the
COMPANY'S service representative or telephone.
19.
No Affiliation. is
not affiliated with any company or organization
other than as set forth above. No inference
of association or affiliation with, or endorsement
by any company or organization is intended
or should be inferred.
20. Entire Agreement.
This Agreement contains the entire
agreement between YOU (the Subscriber) and
COMPANY regarding Subscribers' use of the
Service, Content 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 Florida.
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 survive its termination.
Any action arising under this Agreement shall
be brought in the federal or state courts
for Broward County, Florida, and YOU expressly
agree to the jurisdiction and venue of such
courts.
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 THE WEBSITE.
BY SELECTING THE "SUBSCRIBE" BUTTON YOU INDICATE THAT YOU HAVE READ
THIS 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 (21
in some areas) AND UNDERSTAND THAT MATERIALS
PRESENTED AT 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, YOU SHOULD NOT JOIN.
YOU Understand These Terms & Conditions and YOU Want to Join
Now!
DO NOT ACCEPT
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