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PLEASE READ ALL THE
PROVISIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF
THESE TERMS AND CONDITIONS WILL CONSTITUTE A BINDING AND ENFORCEABLE
AGREEMENT BETWEEN YOU AND THE WEBSITE. By joining, you become a Subscriber
and are entering into a binding and enforceable contract with
XXXPierced.com, doing business as
XXXPierced.com
("Company"; "We"; "Site") and you ("Member"; "Subscriber" ; "You";
"Your") agree to be bound by these Terms and Conditions (the "Agreement").
Trial Memberships will renew automatically to a one-month membership at
the end of the Trial Period and will be billed at the applicable rate, unless cancelled in accordance with these
Terms and Conditions. This agreement is subject to change at any time, and
changes may be effective without notice upon each Subscriber.
You must read and agree to these terms and
conditions before you can join. Please read them carefully. By purchasing
a Membership to our Site, you become a Subscriber and agree to be bound
by these Terms and Conditions (the "Agreement"). Trial
Memberships will renew automatically to a one-month membership at the end
of the Trial Period and will be billed at applicable rate, unless cancelled in accordance with these Terms
and Conditions. This agreement is subject to change by
XXXPierced.com at any time, and changes may be effective without notice upon each
subscriber.
AGREEMENT TO VIEW ADULT
MATERIAL - THE SITE IS DESIGNED AND
INTENDED SOLELY FOR CONSENTING ADULTS - PEOPLE WHO ARE AT LEAST 18 YEARS
OLD (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE
OF MAJORITY)-- WHO ARE INTERESTED IN AND WISH TO HAVE ACCESS TO VISUAL
IMAGES, VERBAL DESCRIPTIONS AND AUDIO SOUNDS OF A SEXUALLY ORIENTED,
FRANKLY EROTIC NATURE. THE MATERIALS WHICH ARE AVAILABLE WITHIN THIS SITE
MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND
SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED BY ANYONE WHO IS YOUNGER THAN
18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT
THE AGE OF MAJORITY) OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT
WISH TO BE EXPOSED TO SUCH MATERIALS. BY PURCHASING A MEMBERSHIP YOU ARE
MAKING THE FOLLOWING STATEMENTS:
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- "UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I
AM AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY
OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY)."
- THAT I AM SEEKING TO RECEIVE THIS INFORMATION AND MATERIAL
VOLUNTARILY AND THAT THIS SITE IS NOT SEEKING TO BRING ME THIS
INFORMATION AND MATERIAL AGAINST MY WISHES.
- "I PROMISE THAT I WILL NOT PERMIT ANY PERSON (S) UNDER 18 YEARS OF
AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE
AGE OF MAJORITY) TO HAVE ACCESS TO ANY OF THE MATERIALS CONTAINED WITHIN
THIS SITE."
- "I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE, I WILL BE
EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS AND AUDIO SOUNDS OF A
SEXUALLY ORIENTED, FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC
VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY. I AM
VOLUNTARILY CHOOSING TO DO SO, 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
OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING
ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT
INTEREST OR TO BE PATENTLY OFFENSIVE."
- "I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY
GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT
WISH TO RECEIVE SEXUALLY ORIENTED MATERIAL."
DEFINITIONS - The term "Site", as
referred to in these terms and conditions shall mean - the Site for which
you are purchasing a username and password (login) in order gain access to
that site and enjoy its contents and benefits of membership. The "Site"
shall include the owner thereof all agents acting on its behalf. The term
"Member" or "Membership", as referred to in the terms and conditions shall
mean -The holder (Subscriber) of a valid username and password (login) for
the Site during the term of membership. Membership is non-transferable and
non-assignable. The term "Subscriber", as referred to in the terms and
conditions shall mean - The End-user, Consumer, of the services of the
Site and holder of a valid username and password (login) for the Site. By
becoming a Subscriber, you hereby authorize the imposition of charges to
your credit card or other approved facility for all membership fees as
well as for any further goods and/or services at, through and/or from or
pertaining to the site. The term "Login", as referred to in the terms and
conditions shall mean - The combination of unique username and password
that is sold by, and used to access, the Site. A Login is a non-exclusive,
non-transferable license for that individual member, and no other, to use
the Site for a period of time. The term "Book marking", as referred to
in the terms and conditions shall mean - The act of placing a webpage (URL)
into a temporary file on the Subscribers browser so that the subscriber
may return to that page at a future date directly, without passing through
any pages that may have been precedent.
SUBSCRIPTION FEES -
The Subscriber is responsible for paying periodic subscription
fees according to the then-current terms of the Site. Unless
and until this agreement is cancelled in accordance with the terms hereof,
Subscriber hereby authorizes the Site or its billing agent, to charge
subscriber's credit card (or other approved facility) to pay for the
ongoing cost of membership.
AUTOMATIC
RENEWAL - Subscription fees are
automatically renewed, and therefore automatically credit card or check
debited, at the end of the original term selected, for a like period of
time, unless proper notice is received from the Subscriber at least seven
(7) days prior to renewal. Trial Memberships are automatically renewed to
a one-month membership at the then-applicable monthly rate, subject to the
terms of the Trial Offer below. The maximum Term of this Agreement is 120
months.
NON-ASSIGN ABILITY/THEFT OF LOGIN -
Your Membership, username and password (login), may not be assigned or
transferred to any other person or entity. Subscriber must promptly inform
the Site of any apparent breach of security, such as loss, theft, or
unauthorized disclosure or use of a username or password. Until the Site
is notified, by e-mail, or by telephone, of any breach in security, the
Subscriber will remain personally liable for any unauthorized use of the
Service. Subscriber is and shall be personally liable for, and shall
defend, indemnify and hold harmless the Site and any agency acting on its
behalf from any and all damages (including loss of profits, loss of
property, fines and penalties), losses and costs (including attorneys'
fees) resulting from any attempted or actual unauthorized downloading or
other duplication whether solely by Subscriber or with or under the
authority of any other including governmental agency.
TERMINATION/CANCELLATION - Subscription to the Service may be terminated at
any time, and without cause, by either the Site or the Subscriber upon
notification of the other by electronic or conventional mail, or by
telephone, fax by contacting the billing company.
Subscribers are liable for charges incurred by them until
termination of service.
TRIAL OFFER - All trial offer
members are exempt from the 3 day notification requirement as to such
Trial Period. As such, a Subscriber who is within the trial offer term
shall not be charged the full monthly membership rate during this
interval. This interval may be referred to as the "Trial Period". All
Trial Memberships will renew automatically to a one-month membership at
the end of the Trial Period and will be billed at the rate of the then-applicable
rate, unless proper notice of cancellation has been received by the billing
company no later than 12:01 a.m., local time, of the day following the
last full day of the Trial Period.
For example, if access pursuant
to a 3-day trial offer was granted on the 1st day of a month, the member
will not be charged for a one month subscription at inception. The member
must ensure receipt of e-mail, or other appropriate notification, by the
Site no later than 12:01 a.m., local time, on the 4th day of that month should the
member elect to cancel the membership. Absent such timely notification,
the trial offer membership shall renew to a one-month membership at the
then-applicable monthly rate. Members who do not so terminate within the
Trial Period will be billed at the rate of the then applicable rate, for one month's service beginning on the day
following the last full day of the Trial Period. The second month's
subscription shall therefore be effective and be chargeable at the
conclusion of the first full month of service following the Trial Period,
unless otherwise cancelled in accordance with these terms and
conditions.
Credit card users may be subject to a preauthorization.
The preauthorization is not a charge to the credit card. However, the then
applicable monthly subscription charge may be reserved against the
Member's available credit card limit. The Site will not be held
responsible for bank charges, fees or penalties due to overdrawn or
delinquent Subscriber accounts. Contact your credit card issuing financial
institution for details.
REFUNDS - In the event that a
refund is issued, ALL refunds will be made by crediting the credit card
that was used to make the original purchase. NO refunds will be made by
cash or check.
GRANT
OF LIMITED LICENSE WITH RESERVATIONS -
Memberships to the Site are provided for personal, non-commercial use by
customers of the Site. As customers, visitors to the Site hereby granted a
single copy license to download (on a single computer only) or print
copies of any of the information found on the Site for personal,
non-commercial use only. Commercial use of the Site, or any material
located on it, is strictly prohibited. In addition, you may not modify any
of the materials found on the Site; use them for any public display,
performance, sale or rental; remove, modify or alter any copyright or
other proprietary notice, or trademarks there from; or transfer any
material located on the Site to any other person. The Site reserves the
right to terminate this license at any time if you breach the terms of
this agreement, in which case you will be obligated to immediately destroy
any information downloaded, printed or otherwise copied from the Site.
Access to and use of the Site is through a combination of a username and a
password (login). Each Subscriber must keep his or her login strictly
confidential. For security reasons, the Site will not release passwords
for any reason, to anyone other than the Subscriber, except as may be
specifically required by law or court order. Unauthorized access to the
Site is a breach of this Agreement and a violation of law.
You
acknowledge and agree that all materials contained at the Site are
proprietary and constitute valuable intellectual property owned by the
Site or its administrator ("Company") or others who have licensed use
of such materials to the Company. You acknowledge and agree that as such
You may only access, view, download, receive and otherwise use the
materials available at the Site only as authorized by the
Company.
You acknowledge that you understand that the Company
does not authorize access to any part of the Site in any manner contrary
to the express provisions of this Agreement.
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 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 materials directly or
indirectly in places which the Company does not authorize such access,
viewing, downloading, receipt or other use.
You hereby
acknowledge that you understand that the Company does not authorize the
accessing, viewing, downloading, duplication, receiving, transmission,
broadcasting or other use of the materials contained on the Site to or by
and person, INCLUDING YOU, who is located in any of the areas designated
as PROHIBITED AREAS above.
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 Site,
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 an 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 trademark and other rights including, but not
limited to rights of privacy.
BOOK MARKING -
Book marking to a page on the Site whereby the Warning page (s) and/or terms
and conditions are by-passed shall constitute an implicit acceptance of
the terms and conditions herein and an explicit acknowledgement of age of
majority.
DISCLAIMERS - THE MATERIALS ON
THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY
OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OF
INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE OFFERS
NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE SITE DOES NOT
WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS,
LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED
ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT SUBSCRIBER
IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER
MAY NOT APPLY AND SUBSCRIBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE
TO STATE OR JURISDICTION. THE SITE AND THE SITE OWNER MAKE NO REPRESENTATION
AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR
SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT
OR ANY LOSS OR INCONVENIENCE TO SUBSCRIBER OR ANYONE CLAIMING THROUGH SUBSCRIBER,
SUBSCRIBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME. IN THE
EVENT THE SITE OR THE SITE OWNER ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS
OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM
OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF THE SITE AND THE SITE OWNER
SHALL BE FOR NO MORE THAN THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY OR
ON BEHALF OF THE SUBSCRIBER FOR THE PRECEDING MONTH. SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE SITE
OR THE SITE OWNER, OR ANY OF THEIR SUPPLIERS, LICENSEES, AGENTS OR OTHER
SUBSCRIBERS BE LIABLE, TO SUBSCRIBER OR OTHERS FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO,
LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR
MALFUNCTION.
Subscribers are responsible for providing all personal
computer and communications equipment necessary to gain access to the
Site. All materials on the Site are proprietary, constitute valuable
intellectual property, are copyrighted and are protected under treaty
provisions and worldwide copyright laws. The Site's materials may not be
reproduced, copied, edited, published, transmitted or uploaded in any way
without written permission. Except as expressly stated in the limited license
provision of these terms and conditions, purchase of a Membership does
not grant any express or implied right to you under any of its trademarks,
copyrights or other proprietary information. Except for third party advertisements
or communications, for which neither the Site nor the Site owner, screen
nor endorse, the Site's contents are controlled and operated by the Site
owner. No representation is made that the materials available on the Site
are appropriate or available for use in other locations, and access to
them from jurisdictions where their contents are illegal is prohibited.
These terms and conditions are to be governed and construed by California
law. The application of the United Nations Convention of Contracts for
the International Sale of Goods is expressly excluded. In the event of
a dispute arising out of or relating to these terms and conditions, or
your use of or access to the Site, litigation must be brought in state
or federal court in the County of Los Angeles, California. If the Site
enables Subscribers to share information with other Subscribers, Subscribers
agree not to submit, publish, or display on the Service any defamatory,
inaccurate, abusive, threatening, racially offensive, or illegal material.
Transmission of such material that violates any federal, state, or local
law, is prohibited and is a breach of this Agreement. Subscribers agree
not to engage in advertising to, or solicitation of other Subscribers to
buy or sell any products or services through the Site without prior written
consent. Subscribers are responsible for information they send, or display
through the Site even if a claim should arise after termination of service.
All messages shall be deemed to be readily accessible to the general public.
Do not use the Site for any communication for which the sender intends
only the sender and the intended recipient (s) to read. Notice is hereby
given that all messages entered into this Site can and may be read by the
operators of the Site, whether or not they are the intended recipient (s).
LINKS TO THIRD PARTY
SITES - This Site may contain links to
other sites which are controlled by third parties. Those linked sites are
not under the control of the Site owner or operator and this Site is not
responsible for the contents of any linked site or any link contained in a
link site. The Site is providing those links to you only as a convenience,
and the inclusion of any link does not imply endorsement by the Site of
any other linked site.
MODIFICATION - The Site reserves the right, in its discretion, to
change or modify all or any part of these Terms and Conditions at any time
for any reason or no reason. Changes to the cancellation or refund terms
and rate increases will be effective fifteen (15) days notice to existing
subscribers. Any other changes will be effective immediately once they are
posted on the Site. Your continued use of the Site constitutes your
binding acceptance of these Terms and Conditions, including any changes
made by the Site, as permitted above. If you desire not to be bound by any
modification of these Terms and Conditions, you should stop using the
website. The updated, online version of these Terms and Conditions shall
supersede any prior version.
AUTHORIZATIONS AND PERMISSION
TO SEND EMAILS TO YOU - You hereby
authorize and permit notices, advertisements, E-mail and other
communications to be sent to You from Company or its authorized agents,
assigns, representatives, advertisers and contractors by means of e-mail,
including without limitation e-mails, advertisements, notices and other
communications containing adult oriented material, sexual content and
language and images of nudity not suitable for minors. Moreover, You agree
that Your authorization and permission to Company to send You such
materials and communications shall continue to be in effect unless and
until You notify Company that You wish to be deleted from Company's email
list.
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