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You must read and agree to these terms and conditions before
you can become an active member of this adult 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 adult 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 adult 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 adult 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 adult site, or by mail.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT THIS ADULT SITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY
TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES
AND OTHER COMMUNICATIONS CONTAINED AT THIS ADULT 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 ADULT
SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED
AT OR IN THIS ADULT SITE YOU HEREBY ACKNOWLEDGE THAT MATERIALS
PRESENTED AT AND/OR DOWNLOADABLE FROM THIS ADULT 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
adult 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 adult 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 adult 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 adult 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 adult site's and potentially other's
intellectual property rights and other rights in such materials
and shall further constitute a violation of this adult site's
trademark and other rights, including, but not limited to, rights
of privacy.
- I agree to be personally liable and fully indemnify this adult
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 adult 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 adult 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
adult 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 adult site subscription
rates. 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 adult 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 adult 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 paycom.net's Customer
Service Department at 1-800-893-8871, during normal business
hours of a breach in security, the Subscriber will remain liable
for any unauthorized use of this adult site. Upon request, Subscribers
will be given access to billing records that support charges
for use of the this adult site.
- Payment for the services provided to you at and/or through
this adult 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 adult site, or as unauthorized any charge
by this adult 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 adult site or any fraudulent
reporting of an unauthorized charge to this adult 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 adult site remains outstanding
at the time of such fraudulent reporting, you shall be liable
to this adult 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 adult 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 adult 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
adult site. Access to and use of this adult site is through
the use of a password. Each Subscriber must keep his password
strictly confidential. For security reasons, this adult site
will not release passwords. Unauthorized access to this adult
site is a breach of this Agreement and a violation of law.
- Subject to the terms and conditions set forth herein, this
adult 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 adult 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 adult 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 adult 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 adult site, and
all Materials and other matter used directly or indirectly in,
at, by, through and/or with this adult 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 adult 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 adult site.
- Company does not screen or endorse advertisements or communications
submitted to this adult site by third-party licensees, advertisers,
or subscribers for electronic dissemination through this adult
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 adult site prior to purchasing
goods and/or services described at this adult site or otherwise
responding to any communication at this adult 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 adult site.
- No warranty is made by Company regarding any information,
services, Materials or products provided through or in connection
with the this adult 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 adult site" is a service mark of this adult site, INCORPORATED.
All rights are reserved.
- All materials included at this adult 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 adult 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 adult site. You are solely responsible
for all information which you submit, publish, display, disseminate
or otherwise communicate through this adult 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 adult 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 adult 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 adult site to Subscribers may be given by
means of e-mail, by general posting on this adult 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 adult site may be sent in the
following manner:
a. by means of the web site
form; or
b. by telephone to this adult site's Customer Service Department
during normal business hours to 1-800-893-8871.
- This Agreement contains the entire agreement between the Subscriber
and Company regarding Subscribers' use of this adult 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 AND BY AUTHORIZING
THE USE OF YOUR CREDIT CARD FOR PAYMENT OF CHARGES AND FEES
FOR YOUR OBTAINING A SUBSCRIPTION TO THIS ADULT SITE
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