LEGAL NOTICE: YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF THIS MEMBERSHIP AGREEMENT IS REQUIRED FOR YOU TO BECOME A MEMBER OF THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE ACCEPTED AS A MEMBER AND YOU WILL NOT BE PERMITTED TO ACCESS OR VIEW THE CONTENT IN THE MEMBERS-ONLY PORTION OF THE WEBSITE.
PLEASE READ ALL THE PROVISIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS BY PURCHASING A MEMBERSHIP WILL CONSTITUTE YOUR ACKNOWLEDGEMENT THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE.
1. PARTIES TO THIS AGREEMENT AND CONSIDERATION.
1.1 Subject to Your acceptance of the terms and conditions set forth in this Agreement (as evidenced by your submission of an application for Membership and the payment of all required Membership fees), the Company agrees to provide to You all the privileges of Membership including access to the Members-only areas of the Website which are available to a Member in good standing.
1.2 Membership on the Website entitles you to instant access to all the websites in the Company’s network (the “Network”). As of January, 2012, the Network currently hosts over two (2) terabytes of photo and videos content. The length of time of Your access rights to the contents of the Network will be determined by the Membership plan that You purchase.
1.3 It is expressly understood and agreed that the Company shall have the right to add or delete a website to the Network at any time and at the sole discretion of the Company. In the event that a website is added to the Network, You shall have immediate access to such added website at the time such website is launched on the Network. In the event that a website is deleted from the Network, You shall not be entitled to any refunds or credits due to such content no longer being available on the Network.
1.4 You agree that this Agreement is subject to change by the Company at any time and changes shall become effective upon notice to Members by e-mail, posting at or via hyperlink to the Website, or by mail. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
1.5 You agree any action on Your part to bookmark to a page on this Website whereby the Warning Page, and/or the Terms and Conditions of Members Page is bypassed shall constitute an implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and have achieved the Age of Majority. For the purposes of this Agreement, the term, “Age of Majority” shall be defined as eighteen (18) years of age (or older depending upon the laws of your state, province or country).
2. SEXUALLY EXPLICIT MATERIAL.
2.1 YOU HEREBY ACKNOWLEDGE AND REPRESENT THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, DOWNLOADABLE FROM, AND/OR ABLE TO BE PURCHASED FROM THE WEBSITE INCLUDE EXPLICIT PICTORIAL, VIDEO, AUDIO, AND/OR TEXTUAL DEPICTIONS OF SEXUAL ACTIVITIES; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS FOR YOUR OWN PERSONAL ENJOYMENT.
3. AGE OF MAJORITY.
3.1 YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF MAJORITY AND ARE CAPABLE OF LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
4. GRANT OF LIMITED LICENSE WITH RESERVATIONS.
4.1 You acknowledge and agree that all Materials contained at the Website are proprietary and constitute valuable intellectual property owned either by the Company or others who have licensed use of such Materials to the Company. You acknowledge and agree that as such You may access, view, download, receive and otherwise use the Materials available at the Website only as specifically authorized by the Company and 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 to You by the Website, You may make only a single copy of such Materials for Your own personal noncommercial use and enjoyment. You further acknowledge that the Company specifically prohibits you from doing any of the following acts, and you agree not to do any of these prohibited acts:
4.2 You further represent and warrant to the Company that your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access, any Materials available at the Website in a manner not expressly authorized by the Company. You agree and warrant 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.
4.3 You hereby acknowledge that you understand that the Company (and all persons affiliated therewith) does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Materials contained on the Website to or by any person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS.
4.4 You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Materials from the Website, in which You are 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 Company’s and potentially others’ intellectual property rights and other rights in such Materials and shall further constitute a violation of Company’s trademark and other rights, including, but not limited to, rights of privacy.
5. PROHIBITED AREAS.
5.1 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
5.2 All parts of every other geophysical place or jurisdiction corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Website would constitute a violation of any law, regulation, rule or custom, including the contemporary community standards of that jurisdiction with respect to the viewing, accessing or other use by adults of materials which consist of graphic, sexually explicit content; and
5.3 Any public location in which any part of the Website may be viewed by third parties who are not Members.
7. MEMBERSHIPS; FEES; CANCELLATION.
7.2 TO CANCEL YOUR MEMBERSHIP YOU MUST NOTIFY THE COMPANY OF YOUR CANCELLATION BY ACCESSING YOUR ACCOUNT INFORMATION AND FOLLOWING THE PROCEDURE FOR CANCELLATION SET FORTH ON THE WEBSITE.
7.3 All cancellations received by the Company will be effective upon the expiration of Your purchased Membership period.
7.5 The Company may, at any time and at its sole discretion, cancel any paid Membership; provided, however, that if the Company cancels any paid Membership prior to its expiration, the Company shall provide a pro-rata refund for the unexpired period of the cancelled Membership by automatic credit.
(a) In the event that a Lifetime Membership is cancelled, the Company shall provide: (i) a 50% refund for any Lifetime Membership that is cancelled with less than one (1) year of utilization; (ii) a 25% refund for any Lifetime Membership that is cancelled with more than one (1) year of utilization, but less than two (2) years of utilization; and (iii) a 10% refund for any Lifetime Membership that is cancelled with more than two (2) years of utilization. Such pro-rata refund shall be based upon the actual purchase price at the time the Lifetime Membership was purchased and not the purchase price at the time of cancellation.
7.6 You hereby authorize the Company to charge Your credit card (which You hereby acknowledge was entered by You into the paid Membership sign-up page) to pay for your Membership fees to Website at the then current Membership rate that you select or any further Membership fees upon expiration of Your initial Membership. You agree to be personally liable for all charges incurred by You during or through the use of Website. Your liability for such charges shall continue after termination of Your Membership. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE COMPANY SHALL NEVER CHARGE YOUR CREDIT CARD WITHOUT YOUR EXPRESS AUTHORIZATION.
8. TRANSFER OF ASSIGNMENT OF MEMBERSHIP.
8.1. Your further agree that the Company, may at any time at its sole discretion and without prior notice to you, transfer or assign Your Membership in the Website to an affiliated or non-affiliated company.
9. PAYMENT AUTHORIZATION; LOST/STOLEN OR FRAUDULENT USE OF CARD.
9.1 You hereby agree and authorize Company or its designated agent or assignee to charge Your credit card (or other approved facility) for any and all purchases of products, services and entertainment provided to You by or though Website.
9.2 You further agree that as a Member of the Website, You must promptly inform Company of any and all the following: loss or theft of the credit card used to pay for Membership to Website or other goods or services obtained in, at or through Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Membership, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect Company’s ability to expeditiously obtain payments due to Company. You agree that You will remain liable for any unauthorized use of Website or any of its services associated with your Membership, until You have notified Company’s Customer Service by electronic mail at email@example.com.
9.3 You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Website or any fraudulent reporting of an unauthorized charge to 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 Website remains outstanding at the time of such fraudulent reporting, You shall be liable to the 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. 9.4 You further acknowledge and agree that You will remain liable to the Company for any unauthorized use of the Website associated with Your Membership.
10. TERMINATION OF MEMBERSHIP.
11. PASSWORD SECURITY.
12. NO WARRANTIES; LIMITATIONS ON COMPANY’S LIABILITY.
12.1 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 MEMBER TO THE COMPANY FOR THE PRECEDING BILLING PERIOD. 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 MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.
13. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION OF LIABILITY.
13.2 Links To Third-Party Sites. You might access some of the content of the Website via hyperlinks that will connect You to third parties, or to third-party websites that may provide content to the Website. Those linked websites are not under the control of Company and Company has no editorial control or supervision over selection or display of the content provided by those third parties or those third-party websites. Company is providing You links to those third-party websites only as a convenience, and the inclusion of any link on Company’s Website does not imply endorsement by Company of any other website or the content of any such website. The owners and operators of all third-party websites are solely responsible and liable for the content they provide to You.
13.3 You further acknowledge that You understand that the Company does not control the content of any information, messages, communication, personal data, photographs, video or audio content, or any other material posted or uploaded by users of the Website (collectively, “User Originated Content”), and that You release the Company and its agents, officers, directors and employees, from any and all liability and responsibility, directly and indirectly, in connection with the content of any information, messages, communication or other User Originated Content You may receive from other users of the Website.
13.4 Company claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for User Originated Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Company reserves the right, in its sole and exclusive discretion, to delete any content, messages, photos, profiles or other information posted on the Website by any user of the Website or any other person that in the sole judgment of Company violates these Terms and Conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Company and/or its members.
14. DMCA: CLAIMS OF COPYRIGHT INFRINGEMENT.
15. TRADEMARK AND SERVICE MARK.
16. AUTHORIZATION/PERMISSION TO SEND SEXUALLY-ORIENTED EMAILS.
17. OPT-OUT AND CANCELLATION PROVISIONS.
18. NOTICES TO COMPANY OR MEMBERS.
19. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION.
20. UNENFORCEABILITY OF PROVISIONS.
21. AFFIRMATION OF AGREEMENT.
23. ENTIRE AGREEMENT.