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Terms and
Conditions
YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS
OF THIS AGREEMENT IS REQUIRED FOR YOU TO BECOME A MEMBER OF, OR OTHERWISE
ACCESS OR USE THE RESTRICTED “MEMBERS” AREAS OF ANDROSBBS.COM (“WEB SITE”).
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW YOU WILL
NOT BE ACCEPTED AS A MEMBER AND YOU WILL NOT BE AUTHORIZED TO ACCESS, VIEW,
DOWNLOAD OR OTHERWISE USE ANY OF THE CONTENT OR OTHER MATERIALS IN THE
MEMBERS PORTION OF THE WEB SITE.
BEFORE YOU BEGIN OR CONTINUE TO USE OUR
WEB SITE OR ANY SERVICES PROVIDED BY OR THROUGH OUR WEB SITE, PLEASE CAREFULLY
READ THIS LEGAL DOCUMENT (“AGREEMENT”). THIS AGREEMENT CONTAINS IMPORTANT
INFORMATION AND SETS FORTH THE ENTIRE AGREEMENT BETWEEN YOU AND US, ANDROS.
(“COMPANY”). IT IS THEREFORE VERY IMPORTANT THAT YOU COMPLETELY READ THIS
AGREEMENT BECAUSE BY YOUR USE OR CONTINUED USE OF THE WEB SITE OR ANY OF
ITS RELATED SERVICES, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO
ALL THE TERMS, CONDITIONS AND OTHER PROVISIONS SET FORTH IN THIS AGREEMENT
AND IN OUR PRIVACY POLICY, INCLUDING IMPORTANT
LIMITATIONS REGARDING THE LOCATIONS FROM WHICH YOU MAY ACCESS THE WEB SITE
(SEE PARAGRAPH 5, “PROHIBITED AREAS”).
YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS
BY ENTERING THIS WEB SITE WILL CONSTITUTE YOUR ACKNOWLEDGMENT AND AGREEMENT
THAT THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT
BETWEEN YOU AND THE COMPANY AND THAT YOU HEREBY ACKNOWLEDGE AND AGREE TO
ALL OF THE ABOVE AND TO ALL OF THE FOLLOWING:
1. PARTIES TO THIS AGREEMENT — DEFINITIONS.
1.1 PARTIES. The parties to this Agreement
are You and ANDROS, hereinafter the “Company.”
1.2. DEFINITIONS. As used in this Agreement,
1.2.1 The terms “Company,” “Licensor,”
“We,” “Us” and variants thereof, shall interchangeably refer to the Company
as licensor of certain non-exclusive rights to You, the licensee, to conditionally
access and use the Web Site and materials available in, at, through, and
in association with the Web Site, subject to the terms and conditions of
this Agreement.
1.2.2. The terms “Member,” “Subscriber,”
User,” “You” and variants thereof, shall interchangeably refer to You,
an individual, human being (i.e., a non-commercial entity) seeking a limited
license, subject to the terms and conditions of this Agreement, to access
the restricted areas of the Web Site, and materials and services available
in, at, through, and in association with the Web Site, for entertainment
and educational purposes only.
1.2.3. The terms “Content” and “Materials”
shall interchangeably refer to prerecorded materials, including photographs,
video, audio, audiovisual materials, textual, graphical, haptic, telephone
“wallpaper,” ringtones, games, contests, live audio and audiovisual entertainment,
including live shows, video feeds, video “chat”, audio “chat”, “audio text”,
“video text,” and other materials available in, at, through, or in association
with the Web Site, by the Company or by one or more third party Content
providers pursuant to licensing or sub-licensing agreement(s) with the
Company.
1.2.4. The terms “Agreement,” “Terms and
Conditions,” “Terms of Use” and “this document” shall interchangeably refer
to this Agreement entitled “Terms and Conditions Of Access And Use Of Androsbbs.com”
and all future versions and modifications thereof created by the Company
or its successor(s), assign(s) and it (their) successors(s) and assign(s).
2. SEXUALLY EXPLICIT MATERIAL.
2.1. INTENDED FOR CONSENTING ADULTS ONLY.
ALL CONTENT AND OTHER MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED IN, AT OR AVAILABLE THROUGH OR IN ASSOCIATION WITH THE WEB SITE,
ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS LOCATED
IN LOCATIONS WHERE SUCH MATERIALS, MESSAGES AND OTHER COMMUNICATIONS NEITHER
EXCEED THE CONTEMPORARY COMMUNITY STANDARDS OF THE COMMUNITY IN WHICH SUCH
ADULTS ARE LOCATED NOR VIOLATE ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION
OF THE UNITED STATES, ANY STATE THEREOF, OR ANY OTHER COUNTRY.
2.2. ACKNOWLEDGMENT OF MATERIALS OF A SEXUAL
NATURE. YOU HEREBY ACKNOWLEDGE THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS
PRESENTED AT, DOWNLOADABLE FROM, OR OTHERWISE AVAILABLE IN, AT, THROUGH
OR IN ASSOCIATION WITH THE WEB SITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR
TEXTUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, INCLUDING WITHOUT LIMITATION,
HETEROSEXUAL, BI-SEXUAL, AND HOMOSEXUAL ACTIVITIES OF AN EXPLICIT SEXUAL
NATURE; 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 VIEWING.
3. ACCESS AND USE RESTRICTED TO ADULTS
ONLY. ACCESS OR USE BY A MINOR IS A VIOLATION OF CIVIL AND CRIMINAL LAWS.
3.1. AGE RESTRICTED ACCESS. NO PERSONS
UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE
EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY
VIEW, POSSESS OR OTHERWISE USE ANY OF THE CONTENTS OF THE WEB SITE, OR
ANY MATERIALS OTHERWISE AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH
THE WEB SITE, OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED
IN, AT, THROUGH OR IN ASSOCIATION WITH THE WEB SITE.
3.2. ACKNOWLEDGMENT THAT ACCESS OR USE
BY MINOR CONSTITUTES VIOLATIONS OF CIVIL AND CRIMINAL LAWS. You hereby
acknowledge that You understand and hereby agree that any access to the
age-restricted parts of the Web Site or any age-restricted Materials otherwise
available in, at, through or in association with the Web Site, in any manner,
by a minor or by a person assisting a minor to access any such restricted
parts of the Web Site, shall constitute unauthorized accessing of the Company’s
computers and databases in excess of the authorization expressly granted
by the Company in this Agreement, and shall comprise a violation of The
Stored Communications Act (18 U.S.C. §§ 2701- 2710), trespass
to chattels, intentional copyright infringement(s) of the Company's, and
potentially others' copyrights protected under the laws of the United States
and other countries, intentional infringements of the Company's trademarks
and potentially other serious violations of civil and criminal laws.
3.3. AFFIRMATION OF CURRENT ADULT STATUS.
YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF EIGHTEEN
(18) YEARS (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS
NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO
AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
4. GRANT OF LIMITED LICENSE.
4.1 LIMITED NON-EXCLUSIVE LICENSE. In consideration
of the payment of membership fees, together with representations, warranties,
acknowledgments, and other agreements made by You, as set forth in this
Agreement, and subject to the terms and conditions set forth in this Agreement,
the Company hereby grants You all the privileges of Membership including
access to the Members-only Materials at the Web Site and limited, nonexclusive
and nontransferable license to use the Materials contained in, at or made
available through or in association with the Web Site solely for Your private
personal entertainment, educational and non-commercial use, as provided
by the Company during the period in which You are a Member in good standing.
4.2. EXTENT OF ACCESS DETERMINED BY TYPE
OF MEMBERSHIP. The extent of Your access rights to the Content, and other
Materials accessible through the Web Site will be determined by the type
of membership You purchase.
4.3. TRANSFER ALLOWANCE. Your membership
is allowed a maximum transfer of 5 gigabytes per 24-hour period. If the
Company determines, in its sole discretion, that this allowance has been
or is being exceeded repeatedly, Company may terminate Your membership
without refund.
4.4. AGREEMENT AND RIGHTS OF ACCESS SUBJECT
TO CHANGE. You agree that this Agreement and Your right to access the Web
Site, or any parts thereof, are subject to change by the Company at any
time and changes shall become effective upon notice to You or Members generally
by e-mail, posting at, or via hyperlink to the Web Site, or by mail. You
may not alter, delete, add, edit or otherwise change any of these terms
and conditions, and any such attempted alteration shall be void and of
no effect.
4.5. IMPORTANT ACCESS AND USE RESTRICTIONS.
You acknowledge and agree that all Content and other Materials contained
in, at or available through or in association with the Web Site are proprietary
and constitute valuable intellectual property owned by the Company or others
who have licensed use of, or access to, such Materials to the Company.
As such, You acknowledge and agree that You may access, view, download,
receive and otherwise use the Materials available in, at, through or in
association with the Web Site only as specifically authorized by the Company
and only in accordance with the terms and conditions of Your membership.
You may access and use such Materials only on one computer at a time and,
if downloadable copies of the Materials are made available to You, 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 and warrant
that You will not to do any of these prohibited acts:
4.5.1. permit other individuals to directly
or indirectly use the Materials;
4.5.2. modify, translate, reverse engineer,
decompile, or disassemble any part of the Web Site, any Content or other
Materials, or any feature or function available in, at, through or in association
with the Web Site (except to the extent applicable laws specifically prohibit
such restriction);
4.5.3. make copies or create derivative
works based on the Content or other Materials, except as provided herein;
4.5.4. rent, lease, or transfer any rights
in the Materials;
4.5.5. remove any proprietary or legally
required notices or labels on the Materials;
4.5.6. rebroadcast or otherwise transmit
the Materials via the Internet or any other means;
4.5.7. view or otherwise use Materials
in the presence of any person who is a minor, as defined in the jurisdiction
in which You make such use; and
4.5.8. make any other use of the Materials
not expressly permitted herein.
4.6. NO UNAUTHORIZED USE OR ACCESS. 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 in, at, through or in association
with the Web Site 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, Content or other Materials, directly or indirectly
in geographic locations which the Company does not authorize such access,
viewing, downloading, receipt or other use.
4.7. ACKNOWLEDGEMENT OF RESTRICTED LOCATION
ACCESS. You hereby acknowledge and understand that neither the Company
nor any persons affiliated therewith authorize the accessing, viewing,
downloading, duplication, receiving, transmission, broadcasting or other
use of the Materials contained in, at, or available through or in association
with the Web Site, by any person, INCLUDING YOU, who is located in any
of the areas designated as PROHIBITED AREAS (see Paragraph 5 below).
4.8. USE EXCEEDING AUTHORIZATION VIOLATES
CIVIL AND CRIMINAL LAW. All the intellectual property available in, at,
through, or in association with the Web Site is either owned by or licensed
to the Company. The Company reserves all rights to restrict the access
to, and to restrict the duplication and distribution of all such intellectual
property. The Company also reserves the right to restrict access to all
or part of the Web Site and to its computer databases. You hereby acknowledge
that You understand and hereby agree that any and all unauthorized access,
viewing, downloading, receipt, duplication or other unauthorized use of
the Web Site, Materials available in, at, through or in association with
the Web Site, or the Company’s computer databases, including, but not limited
to, accessing, viewing, downloading, receiving or other use of Materials
in any PROHIBITED AREAS (see Paragraph 5 below), in any manner, by You,
directly or indirectly, shall constitute intentional copyright infringement(s)
of the Company's, and potentially others' copyrights protected under the
laws of the United States and other countries, and shall further constitute
trespass to chattels and intentional infringements of the Company's trademarks.
Moreover, You acknowledge and agree that any accessing of Materials available
in, at, through or in association with the restricted parts of the Web
Site PROHIBITED AREA (see Paragraph 5 below), or any other unauthorized
use or unauthorized accessing of restricted parts of the Web Site or Materials,
in whole or in part, in excess of the authorization expressly granted by
the Company in this Agreement, shall comprise a violation of The Stored
Communications Act (18 U.S.C. §§ 2701- 2710). Intentional violation
of the Company’s copyrights could subject You to statutory damages of up
to $150,000 per infringement.
5. PROHIBITED AREAS. All of the following
areas constitute PROHIBITED AREAS from which no part of the Web Site, or
any age restricted Content or other Materials available in, at, through,
or in association with the Web Site, may be accessed, viewed, downloaded
or otherwise received:
5.1. PROHIBITED ACCESS AREAS IN THE UNITED
STATES. All parts of the United States of America corresponding to the
entire areas corresponding to United States Postal Service zip codes commencing
with any of the following three digits:
150-179, 182-188, 193, 195, 196, 226-229,
238-268, 270-299, 304-310, 312-329, 335-339, 341, 342, 344, 346, 347, 349-352,
354-374, 376-397, 403-418, 420-427, 430-459, 467-479, 572-577, 609-620,
622-629, 634-639, 644-648, 650-658, 664-679, 686-693, 703-708, 710-714,
716-731, 734-741, 743-751, 754-769, 771, 772, 776-785, 788-799, 840, 841,
843-847
IMPORTANT: EACH TIME YOU WISH TO ACCESS
THE WEB SITE, PLEASE CHECK TO SEE IF YOU ARE IN A PROHIBITED ZIP CODE.
IF SO, YOU MAY NOT ACCESS ANY MATERIALS FROM A PROHIBITED ZIP CODE LOCATION.
WARNING: ACCESSING THE RESTRICTED PARTS
OF THE WEB SITE FROM A PROHIBITED LOCATION WILL CONSTITUTE COPYRIGHT INFRINGEMENT,
TRESPASS AND A VIOLATION OF THE FEDERAL STORED COMMUNICATIONS ACT (18 U.S.C.
§§ 2701- 2710).
5.2. PROHIBITED AREAS OF ACCESS OUTSIDE
THE UNITED STATES.
5.2.1. All parts of the following countries:
Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Japan,
Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The
Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria,
The United Arab Emirates, Yemen, all areas subject to Islamic law; and
5.2.2. All parts of every other geophysical
place corresponding to any political entity or part thereof in which accessing,
viewing, downloading, dissemination of, or other use of the Content or
other Materials contained in the Web Site would constitute a violation
of any law, regulation, rule or custom.
6. INDEMNIFICATION FOR UNAUTHORIZED USE
OF PROPRIETARY MATERIALS. You agree to be personally liable and fully indemnify
the Company and its successors and assigns for any and all damages directly,
indirectly and/or consequentially resulting from any attempted or actual
unauthorized accessing of the Web Site or the Company’s other computer
databases, downloading, duplication or other unauthorized use of the Web
Site or any Content or other Materials available in, at, through or in
association with the Web Site by You, 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 such unauthorized
activities, including, without limitation, attorney’s fees and all litigation
costs.
7. MONTHLY MEMBERSHIPS AND FEES. By accepting
a membership to the Web Site or by accessing the Content available in,
at, through or in association with the restricted parts of the Web Site,
You authorize the charges set forth below (and/or posted elsewhere in the
Web Site in association with the offer of membership) and You agree to
the following terms and conditions:
7.1. LENGTH OF MEMBERSHIP. Depending on
the membership plan you choose, Your membership will entitle You full access
of the Web Site for the number of days specified in the plan, starting
on the first day You submit Your membership application or Your Membership
fee payment information at our registration, payment or check-out page.
7.2. NON-CANCELLED RECURRING MEMBERSHIP.
You agree that if You do not send the Company notice of cancellation of
Your recurring membership at least ONE (1) DAY prior to the renewal date
of Your recurring membership term, the Company shall automatically and
without further notice renew Your recurring monthly membership to the Web
Site for successive periods of one month each at the then current standard
one-month recurring monthly membership rate.
7.3. ALL MEMBERSHIP FEES AND OTHER FEES
SUBJECT TO CHANGE. All Membership and other fees for services available
in, at, through or in association with Web Site, are subject to change
at any time at the sole and absolute discretion of the Company.
7.4. REGISTRATION INFORMATION. To become
a member and access the restricted parts of the Web Site, You may be asked
to provide certain registration details or other information. It is a condition
of Your use of the Web Site that all the information You provide in, on,
through, or in association with, the Web Site will be correct, current,
and complete. If Company believes the information You provide is not correct,
current, or complete, the Company has the right to refuse Your access to
the Web Site or any of its features, functions, Content or other Materials,
and to terminate or suspend such access at any time.
8. CANCELLATION.
8.1. CANCELLING RENEWING MEMBERSHIPS. TO
CANCEL AUTOMATIC RENEWAL AT THE END OF ANY RECURRING MEMBERSHIP PERIOD,
YOU MUST NOTIFY THE COMPANY AT LEAST ONE (1) DAY PRIOR TO THE END OF THE
RECURRING MEMBERSHIP PERIOD. Memberships may be cancelled through the Member
Services page.
8.2. NO REFUNDS FOR UNUSED PORTION OF MONTHLY
MEMBERSHIP. You hereby acknowledge and agree that if You cancel Your monthly
membership, Your username and password will be removed from the system
at the end of the then current monthly membership period and that You will
be entitled to receive the full benefits of Your monthly membership until
the end of such period. You shall not be entitled to any pro-rated or partial
refund if You cancel Your monthly membership before the end of the then
current monthly membership period. You agree that if You cancel at any
time after purchasing a monthly membership to the Web Site (e.g., 20 minutes
after You sign up), You will still be charged the full month’s membership
fee.
8.3. COMPANY RESERVERS RIGHT TO CANCEL
ANY MEMBERSHIP AND ISSUE REFUNDS. The Company may, at any time and at its
sole discretion, cancel any trial membership or any monthly membership;
provided, however, that if the Company cancels any trial membership prior
to its expiration, the Company shall provide a pro-rata refund for the
remaining portion of the canceled month’s membership by automatic credit.
9. RESERVED RIGHT TO DISCONTINUE ANY FEATURE
OF WEB SITE. You acknowledge and agree that the Company and third party
Content providers may temporarily or permanently modify, diminish or discontinue
entirely any feature, function, service or part of the Web Site or Membership,
or any Content or other Materials available in, at, through or in association
with the Web Site, at any time, in the Company’s sole discretion, or, as
relevant, in the sole discretion of the applicable third party Content
provider(s).
10. PAYMENT PROCESSING AUTHORIZATION. You
hereby authorize the Company’s Internet Payment Service Providers and other
authorized agents and assigns (“Authorized Processors”) to charge Your
credit card to pay for Your membership fee, if any, and all monthly membership
fees, including RECURRING MONTHLY MEMBERSHIP FEES to the Web Site at the
then current standard monthly membership rate. You further authorize the
Authorized Processors to charge Your credit card for any and all purchases
of products, services and entertainment available through, at, in or on,
or provided by the Web Site. You agree to be personally liable for all
charges incurred by You during or through the use of Web Site. Your liability
for such charges shall continue after termination of Your membership.
10.1. ONLY YOU MAY ENTER YOUR CREDIT CARD
INFORMATION INTO FORMS AT OR ASSOCIATED WITH THE WEB SITE. You acknowledge,
agree and warrant that the name, account number, expiration date, security
code, if any, and all other information relating to any credit card you
use to pay for your Membership or any other any service or products in,
at, through or in association with the Web Site, was and, at all times,
shall be entered by only You at credit card data forms and data request
prompts located in, at or associated with the Web Site.
11. PAYMENT AUTHORIZATION.
11.1. GENERALLY. Payment for the services
provided to You in, at, through or in association with the Web Site may
be made by automatic credit card debit, debit card, online checks, Short
Message Signal (“SMS”) billing, and other approved payment means offered
in, at, through or in association with the Web Site, and You hereby authorize
Company and its agents to transact such payments on Your behalf.
11.2. AUTHORIZATION TO CHARGE YOUR CREDIT
CARD. You hereby authorize the Company's Internet Payment Service Provider
to charge Your credit card to pay for Your Membership to the Web Site.
You further authorize the Company's Internet Payment Service Provider to
charge Your credit card for any and all purchases of products, services
and other entertainment available in, at, through, or in association with
the Web Site. You agree to be personally liable for all charges incurred
by You in association with Your access or other use of any live shows or
other Content provided by the Company or any third party in association
with the Web Site. You acknowledge and agree that Your liability for all
such charges shall continue after termination of Your access or any type
of membership arrangement with the Company.
11.3. AUTHORIZATION TO CHARGE YOUR CREDIT
CARD OR OTHER SELECTED PAYMENT MEANS FOR AUTOMATIC RENEWALS OF YOUR MONTHLY
RECURRING MEMBERSHIP. Unless and until You notify the Company that You
wish to cancel or terminate Your Membership to Web Site, You hereby agree
and authorize Company's Internet Payment Service Provider to automatically
renew Your Membership to the Web Site on a continuing monthly basis and
to charge Your credit card (or other payment means you have selected) to
pay for the ongoing cost of Your Membership. You hereby further authorize
Company's Internet Payment Service Processor to charge Your credit card
(or other approved payment means you have selected) for any and all purchases
of products, services and entertainment provided to in, at, through or
in association with the Web Site.
11.4. OBLIGATION TO REPORT LOST OR STOLEN
CREDIT CARD. You further agree that as a Member and User of the Web Site,
You must promptly inform Company's Internet Payment Service Processor of
any and all the following: loss or theft of the credit card, debit card
or information theft associated with the online checking account or other
selected payment means used to pay for Membership to the Web Site or other
goods or services obtained in, at, through, or in association with the
Web Site; 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 unauthorized use of an
ID, access code or Password; and all other changes pertaining to Your credit
card, debit card, online checking or other payment account used to pay
for services or products in, at, through or in association with the Web
Site, pursuant to this Agreement, or otherwise, which may affect the Company's
ability to expeditiously obtain payments due to the Company. You agree
that You will remain liable for any unauthorized use of the Web Site and
use of any services or products obtained in, at, through or in association
with the Web Site or Your Membership, until You have notified Company’s
Customer Service.
11.5. FRADULENT REPORTING OF UNAUTHORIZEDCREDIT
CARD CHARGE; LIQUIDATED DAMAGES. You hereby agree that any fraudulent reporting
of a lost or stolen credit card used to obtain goods or services in, at,
through, or in association with the Web Site, the Company or any third
party service provider or affiliate related thereto, or any fraudulent
reporting of an unauthorized charge to Web 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 the Web Site
or a related third party remains outstanding at the time of such fraudulent
reporting, shall cause You to be liable to the Company for liquidated damages
of $25,000.00 for each instance of such fraudulent activity. 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 or warranties set forth in this Agreement, or for any infringements
of the Company’s or any other person’s or entity’s intellectual property
rights or the infringement of any other rights or violations of any laws.
11.6. RESPONSIBILITY FOR UNAUTHORIZED USE
OF WEB SITE. You further acknowledge and agree that You will remain liable
to the Company for any unauthorized use of the Web Site or Materials or
services associated with the Web Site or Your Membership that is due to
Your negligence or any intentional acts in which You were directly or indirectly
involved. You further agree that You will remain liable for any such unauthorized
use until You have notified Company’s Customer Service.
12. DISPUTING CHARGES. To dispute or cancel
any erroneous charge, you must contact Company's Customer Service.
13. NOTICES TO COMPANY OR MEMBERS. Notices
from the Web Site to You may be given by means of electronic messages or
by general posting on the Web Site. All notices to the company shall be
sent through the Member Services page.
14. TERMINATION OF MEMBERSHIP. Subject
to the cancellation policy and procedures set forth in this Agreement,
either the Company or You may terminate Your Membership at any time without
cause. Your liability for all charges incurred during Your Membership term
shall continue after Termination of Your Membership for any reason.
15. YOU MAY NOT TRANSFER OR ASSIGN YOUR
MEMBERSHIP, ACCESS RIGHTS OR OTHER PRIVILEGES. You shall not, under any
circumstances, have the right to transfer or assign Your membership, rights
of access to the Web Site or any Content or other Materials available in,
at, through or in association with the Web Site, or any other rights or
privileges granted to You by the Company, or any other party in association
with the Web Site, to any other person or entity, and that any attempted
transfer or assignment of any such rights shall be void.
16. PASSWORD SECURITY. Access to and use
of “members-only” or otherwise restricted areas of the Web Site is through
the use of a password. Any passwords used for the Web Site are for individual
use only. You will be responsible for the security of Your password. Each
Member must keep his or her password strictly confidential, and You hereby
agree to do so. The Company will be entitled to monitor Your password and,
at its discretion, require You to change it. If You use a password that
the Company considers insecure, the Company will be entitled to require
the password to be changed and/or terminate Your account. You agree that
if You share Your unique Login name, Your Password or any other online
security information with another individual, that Your access to the Web
Site is subject to immediate termination without notice or reimbursement
of any kind. Any sharing of passwords or any other methods of unauthorized
access to the Web Site with any other person is strictly forbidden. Any
such password sharing or other unauthorized activity exceeds the authority
granted to You to access the restricted areas of the Web Site, restricted
Content and other Materials or restricted services offered in, at, through,
or in association with the Web Site. You are prohibited from using any
services or facilities provided in connection with the Web Site to compromise
security or tamper with system resources and/or accounts. The use or distribution
of tools designed for compromising security (e.g., password guessing programs,
cracking tools or network probing tools) is strictly prohibited. If You
become involved in any violation of system security, Company reserves the
right to release details regarding such incidents and Your personal information
to system administrators at other sites in order to assist them in resolving
security incidents. Further, such unauthorized access of the Web Site and/or
other related restricted databases, including, without limitation, by means
of password sharing, violates the intellectual property rights of the Company,
and potentially other parties, and may violate civil and criminal laws,
including the Stored Communications Act. The Company reserves the right
to investigate all suspected violations of these and other posted Terms
of Use.
17. PRIVACY POLICY. You hereby acknowledge
the Company’s Privacy Policy and waive any claims
against the Company arising out of any matter relating thereto.
18. RESTRICTIONS ON USE.
18.1. USE LIMITED BY COMPANY. You may only
use the Web Site for purposes expressly permitted by the Company as set
forth herein and/or elsewhere in the Web Site. You may not use the Web
Site for any other purpose, including any commercial purpose, without the
Company’s express prior written consent. For example, You may not (and
may not authorize any other party to) (i) co brand the Web Site, or (ii)
frame the Web Site, or (iii) hyper-link to the Web Site, without the express
prior written permission of an authorized representative of the Company.
For purposes of this Agreement, “co branding” means to display a name,
logo, trademark, or other means of attribution or identification of any
party in such a manner as is reasonably likely to give a user the impression
that such other party has the right to display, publish, or distribute
the Web Site or Content or other Materials accessible in, at, through or
in association with the Web Site. You agree to cooperate with the Company
in causing any unauthorized co-branding, framing or hyper-linking immediately
to cease.
18.2. PROPRIETARY CONTENT AND OTHER INFORMATION.
The Web Site and all Content and other Materials accessible in, at, through
or in association with the Web Site, and any other World Wide Web site
owned, operated, licensed, or controlled by the Company are the proprietary
information of the Company and Company retains all right, title, and interest
in such Content and Materials. Accordingly, such Content and other Materials
may not be copied, distributed, republished, uploaded, posted, or transmitted
in any way without the prior written consent of the Company, except that
You may view a copy of the Content on one computer at a time solely for
Your personal use. In doing so, You may not remove or alter, or cause to
be removed or altered, any copyright, trademark, trade name, service mark,
or any other proprietary notice or legend appearing on any of the Content
or other Materials. Modification or use of the Content or other Materials
available in, at, through or in association with the Web Site, except as
expressly provided in this Agreement violates the Company’s, and potentially
other parties’, intellectual property rights. Neither title nor intellectual
property rights are transferred to You by granting You a Membership in,
or otherwise allowing You access to, the Web Site.
18.3. TRADEMARKS, SERVICE MARKS, AND LOGOS.
The name of this Web Site is a service mark of Company. No use of this
mark shall be permitted except through the prior written authorization
and permission of Company. All rights reserved. All other trademarks, service
marks, and logos appearing in the Web Site are the property of the Company
or the party that provided the trademarks, service marks, and logos to
the Company. The Company and any party that provided trademarks, service
marks, and logos to the Company retain all rights with respect to any and
all of their respective trademarks, service marks, and logos appearing
in the Web Site.
19. NO REPRESENTATION, GUARANTEE OR WARRANTY
THAT WEB SITE OR CONTENT ASSOCIATED THEREWITH IS FREE OF HARMFUL OR MALICIOUS
CODE. You understand that the Company cannot, and does not, represent,
guarantee or warrant that files available for downloading from the Internet
will be free of viruses, worms, Trojan horses or other code that may manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy Your particular requirements
for accuracy of data input and output, and for maintaining a means external
to the Web Site for the reconstruction of any lost data. The Company does
not assume any responsibility or risk for Your use of the Web Site, any
Materials, feature or function available in, at, through, or associated
with the Web Site, or Your use of the Internet, in general, or in association
with Your accessing the Web Site.
20. DISCLAIMERS; NO WARRANTIES; YOUR USE
OF THIS SITE IS AT YOUR OWN RISK.
20.1. CONTENT, MATERIALS, FEATURES, FUNCTIONS
AND ALL OTHER GOODS AND SERVICES PROVIDED ON AN “AS IS” BASIS. YOU HEREBY
AGREE THAT THE CONTENT, MATERIALS, FEATURES, FUNCTIONS AND ALL OTHER GOODS
AND SERVICES PROVIDED TO YOU BY COMPANY AND ITS AFFILIATED CONTRACTORS,
ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, OR
CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, OR WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT,
AND THE COMPANY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES. THE COMPANY DOES
NOT WARRANT THAT THE FUNCTIONS OR CONTENT AVAILABLE IN, AT, THROUGH OR
IN ASSOCIATION WITH THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY
DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT
OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE
THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN SUCH CONTENT. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS
AT ANY TIME.
20.2. YOU ASSUME ALL RISK OF USE. YOU,
AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE
USE OF THE WEB SITE OR ANY AND ALL CONTENT AVAILABLE IN, AT, THROUGH OR
IN ASSOCIATION WITH THE WEB SITE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE MATERIALS, FEATURES, FUNCTIONS, GOODS AND SERVICES PROVIDED
BY COMPANY, OR OTHERWISE AVAILABLE IN, AT, THROUGH OR IN ASSOCIATION WITH
THE WEB SITE, IS BORNE EXCLUSIVELY BY YOU. SHOULD ANY SUCH CONTENT OR OTHER
MATERIALS, OR ANY FEATURE, FUNCTION, GOOD OR SERVICE PROVE DEFECTIVE AND/OR
CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT
THE COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY
OR INDIRECTLY FROM ANY AND ALL SUCH DEFECTS.
20.3. NO DUTY TO UPDATE INFORMATION. ALL
OF THE INFORMATION IN THE WEB SITE, WHETHER HISTORICAL IN NATURE OR FORWARD-LOOKING,
SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON THE WEB SITE, AND
COMPANY DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER
IT IS POSTED OR TO REMOVE SUCH INFORMATION FROM THE WEB SITE IF IT IS NOT,
OR IS NO LONGER, ACCURATE OR COMPLETE.
20.4. THIS DISCLAIMER IS AN ESSENTIAL PART
OF THIS AGREEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS 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 THE
COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER MEMBERS OR USERS
OF THE WEB SITE, OR THEIR SUPPLIERS, LICENSEES, OR RESELLERS BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL OR NON-COMMERCIAL DAMAGES RESULTING FROM ANY USE
OF THE FEATURES, FUNCTION, CONTENT OR OTHER MATERIALS AVAILABLE IN, AT,
THROUGH OR IN ASSOCIATION WITH THE WEB SITE, OR ANY OTHER USE OF THE WEB
SITE.
21. LIMIT OF COMPANY’S LIABILITY. 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,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL
BE STRICTLY LIMITED TO THE LESSER AMOUNT OF (1) THE MEMBERSHIP FEE PAID
BY, OR ON BEHALF OF, THE MEMBER TO THE COMPANY FOR THE PRECEDING MONTHLY
BILLING PERIOD, OR (2) FIFTY DOLLARS ($50.00). AS APPLICABLE. 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
WEB SITE.
22. CUSTODIAN OF RECORDS. All models, actors,
actresses and other persons that appear in any visual depiction of actual
sexual conduct appearing or otherwise contained in Web Site were over the
age of eighteen years at the time of the creation of such depictions. All
other sexually explicit visual depictions displayed on this Web Site, while
exempt from the provision of 18 U.S.C. 2257 and 28 C.F.R. 75 because said
visual depictions are of merely simulated sexual activity, are, nevertheless,
of persons who were at least eighteen (18) years of age when said visual
depictions were created. The records required pursuant to 18 U.S.C. 2257
and 28 C.F.R. 75 are kept by the Custodian of Records for Web Site.
23. COOPERATION WITH LAW ENFORCEMENT. The
Company reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing the Company to disclose
the identity or other information regarding any Member alleged by any governmental
entity to be using the Web Site or any Content or Materials available in,
at, through or in association with the Web Site in violation of any law
or regulation, or in violation of this Agreement, including, without limitation,
the posting any of e-mail messages, or publishing or otherwise making available
any such materials. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS
COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING,
OR AS A RESULT OF, ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A
CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
24. ENTIRE AGREEMENT. This Agreement contains
the entire agreement between You, the Licensee, and the Company regarding
Your access to, and use of, the Web Site, and all Content and other Materials
available in, at, through or in association with the Web Site, and all
features and functionality directly and indirectly related to the Web Site.
This Agreement supersedes all prior written and oral understandings, writings
and representations, including those, if any, made by any third party or
other person. This Agreement may only be amended in writing by the Company.
Notwithstanding the foregoing, any additional terms and conditions on the
Web Site will govern the items and matters to which they pertain. The Company
may revise this Agreement at any time by updating this posting.
25. VENUE AND JURISDICTION, CHOICE OF LAW,
ARBITRATION. By accepting these terms and conditions as indicated herein,
or by otherwise continuing to use the Web Site in any manner, You agree
that this Agreement and all disputes or controversies of any kind arising
under, or related to this Agreement, the Web Site, and/or any Content,
Materials, features or functions available in, at, through or in association
with, or in any way relating to, the Web Site, 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.
25.1. CHOICE OF LAW. You further agree
that notwithstanding any judicially or statutorily created choice of law
rule that would otherwise require the application of the law of some other
jurisdiction, all provisions of this Agreement and all matters or controversies
of any kind arising out of, or related to this Agreement or the rights
or liabilities of the parties hereto shall be governed solely by the substantive
statutory and common law of the state of CALIFORNIA.
25.2. ARBITRATION. Any and all disputes
or controversies of any kind, including but not limited to any performance,
duty, obligation or liability arising under or related to this Agreement
which are not first resolved informally, shall be determined by binding
arbitration in LOS ANGELES, CALIFORNIA, in accordance with the rules of
the American Arbitration Association. The final award in any such arbitration
proceeding shall be subject to entry as a judgment by any court of competent
jurisdiction, provided that such judgment does not conflict with the terms
and provisions hereof. The jurisdiction of the arbiter (or arbiters) with
respect to legal matters shall be limited only by the statutory and common
law of the State of CALIFORNIA and the United States. Notwithstanding the
foregoing, any and all disputes, which the parties cannot informally resolve,
regarding the scope of issues or matter within the jurisdiction of the
arbitrator, shall be resolved by a separate dispute resolution process
whereby the Company, in its sole discretion shall elect the dispute to
be resolved by either (1) a municipal or superior court of competent jurisdiction
in LOS ANGELES, CALIFORNIA or (2) a panel of three (3) new arbitrators.
25.3. VENUE. You and the Company hereby
agree that the venue for all legal disputes, controversies, actions of
any kind arising under or related to this Agreement shall be LOS ANGELES,
CALIFORNIA.
25.4. JURISDICTION. You and Company agree
that in case of any litigation regarding this Agreement, You agree that
the venue for such litigation shall be, depending on the subject matter
of the dispute, either the Municipal Court of Los Angeles, California,
the Superior Court of the County of Los Angeles or the United States District
Court for the Central District of California, Western Division. You hereby
consent and stipulate to the jurisdiction of the Courts of the State of
California and the United States District Court, Central District of California,
Western Division.
26. UNENFORCEABILITY OF PROVISIONS. You
and Company agree that 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 and all other portions of this
Agreement shall remain in full force and effect (i.e, if any part of this
Agreement is unlawful, void or otherwise unenforceable, only that part
will be deemed severable and, such severance will not affect the validity
and enforceability of any and all the remaining provisions).
27. ASSIGNMENT OF RIGHTS UNDER THIS AGREEMENT.
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 Web Site, payment processing pertaining to Your membership or other
payments due Company, any and all obligations and benefits set forth in
this Agreement and/or any and all information collected pursuant to our
Privacy Policy, to one or more affiliated and/or
non-affiliated companies, agents, contractors, assigns and successors.
Your further agree that the Company may at any time at its sole discretion
and without prior notice to You, transfer or assign any obligation to provide
any feature, function, Content, Material, benefit, or other services to
You to one or more affiliated and/or non-affiliated companies, agents,
contractors, assigns and successors.
28. NON-WAIVER. You acknowledge and agree
that the failure of Company or any assignee or successor to enforce any
of the specific provisions of this Agreement shall not comprise a waiver
of, or preclude or estop any later, further or other enforcement of such
provision(s), or any other provision(s), or waive, preclude, estop or diminish
the exercise of any other right hereunder.
29. AFFIRMATION OF AGREEMENT; ACKNOWLEDGE
YOU HAVE READ THIS ENTIRE AGREEMENT. By clicking on a link agreeing to
this Agreement anywhere in the Web Site and/or by accessing or continuing
to access the Web Site and/or any service, offer or other functionality
available in, on, at or through the Web Site, You acknowledge and affirm
that You have read this entire Agreement and that You agree to all its
terms and conditions. You agree that Your acknowledgment and agreement
to the entirety of this Agreement is reaffirmed by authorizing the use
of Your credit card for payment of charges and fees for Your Membership
to the Web Site and for any other charges which You may incur for products
and/or services ordered at, in, through or in association with the Web
Site, and each time You access any restricted part of the Web Site.
29.1. AFFIRMATION BY BOOKMARKING. You agree
any action on Your part to Bookmark to a page on this Web Site whereby
a warning page, age verification page, and/or the Terms and Conditions
page is bypassed shall constitute an implicit acceptance by You of all
the Terms and Conditions set in this Agreement as well as an explicit acknowledgment
by You of the fact that You are an adult and at least eighteen (18) years
of age or of the age of majority under the laws of Your state, province
or country.
29.2. NO AUTHORIZATION WITHOUT FULL AGREEMENT.
IF YOU DO NOT UNDERSTAND OR DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS,
CONDITIONS, OBLIGATIONS, WARRANTIES, DISCLAIMERS AND OTHER PROVISIONS OF
THIS AGREEMENT AND OUR PRIVACY POLICY YOU MUST
LEAVE THE SITE IMMEDIATELY. UNLESS YOU UNDERSTAND AND EXPRESSLY AGREE WITH
ALL THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY,
YOU WILL NOT BE AUTHORIZED TO USE ANY SERVICES OFFERED OR OTHERWISE PROVIDED
BY OR THROUGH THE SITE.
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