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Terms and Condition of Use
Effective as of January 15, 2007
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LEGAL NOTICE:
Your agreement to all the Terms And Conditions of this agreement
is required for You to access or use www.evsfetishfemdom.com, an age - restricted Web site
("web site"). if You do not agree to the Terms And Conditions, set forth below,
You will not be authorized nor have permission to access data on our servers and
will not be authorized to access, view, download or otherwise use any of the
content or other materials on, or associated with, 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, Hierodule productions ltd. ("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").
this agreement contains thirty-seven (37) topical paragraphs (numbered 1 through
37).many topical paragraphs contain one or more sub-paragraphs. please read
each paragraph and subparagraph carefully.
Your acceptance of these Terms And Conditions by clicking on an "i accept"
button at the end of this agreement or elsewhere on the web site, to signify
Your acceptance, 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:
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| 1. Parties To This Agreement And Consideration. |
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1. PARTIES. The parties to this Membership
Agreement (the "Agreement") are You, the Member, and Company. This website is
operated by Hierodule productions ltd., an authorized licensee and owner of which has authority to
sell membership interests to this website. The term "Company" herein shall mean
the party selling You the membership interest to this website as reflected both
on the join page (where You submit your payment information) and the confirming
email to you following your join.
1.2. DEFINITIONS. As used in this Agreement,
1.2.1. As used in this Agreement, the terms "Company," "Licensor," "we," and
"us" are used interchangeably to 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 term "User," "You" and variants thereof, shall interchangeably refer
to You the member and subscriber, 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, 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 MEMBERSHIP. " 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).
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2. User Verification. |
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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 in locations where
such materials, messages and other communications contained at the website do
not violate any community standards or any federal, state or local law or
regulation of the United States or any law of any other country.
2.2. Acknowledgment Of Materials Of A Sexual Nature. You hereby acknowledge and
represent 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, which may include, without limitation,
heterosexual, bi-sexual, homosexual, and/or transsexual 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.
2.3. Age Restricted Access.
No persons under the age of eighteen (18)
years (twenty one (21) in places where eighteen (18) years is not the age of
majority) may directly or indirectly view or 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.
2.4. 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.
2.5. 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.
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3. User's Code Of Conduct. |
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3. User's Code Of Conduct.
You agree, warrant and covenant to use the Websites in accordance with the
following Code of Conduct and You agree and acknowledge that in our sole
discretion we may, but are under no obligation to reject or delete any materials
posted or uploaded by You which violates any of the following provisions, and/or
to terminate Your right to use or access the Websites for violating these
provisions:
3.1. You will not use the Websites to engage in any form of illegal conduct,
harassment or offensive behavior, including but not limited to the posting or
uploading of communications or any graphic, video or audio content to the
Websites which contain libelous, slanderous, abusive or defamatory statements,
or racist, obscene or offensive language.
3.2. You will not use the Websites to infringe the privacy rights, property
rights, or other civil rights of any person;
3.3. You will not post messages or use the Websites in any way which (i)
violates, plagiarizes or infringes upon the rights of any third party, including
but not limited to any copyright or trademark law, privacy or other personal or
proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any
law.
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4. Grant Of Limited License With Reservations. |
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4. Grant Of Limited License With Reservations.
4.1. In consideration of the payment of membership fees, together with certain
representations and agreements made by You under the terms and conditions of
this Agreement, and subject to the terms and conditions set forth in this
Agreement, the Company hereby grants You a limited, nonexclusive and
nontransferable license to use the materials contained in the Website (hereafter
"Materials") solely for Your personal non-commercial use, during the period in
which You are a Member in good standing.
4.2. You acknowledge and agree that all materials contained at the Websites are
proprietary and constitute valuable copyright, trademark and other intellectual
property owned by the Company or others who have licensed or authorized 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 Websites only as authorized by the Company and in accordance with the terms and conditions of
Your membership, only on one computer at a time, per membership, 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
and warrant that You will not to do any of these prohibited acts:
(a) permitting
other individuals to directly or indirectly view or otherwise use the Materials.
(b) modifying, translating, reverse engineering, decompiling, disassembling the
Materials or any feature or functionality of the Website (except to the extent
applicable laws specifically prohibit such restriction);
(c) making copies or creating derivative works based on the Materials of any
kind, except as provided herein;
(d) renting, leasing, or transferring any
rights in the Materials;
(e) removing any proprietary notices, including copyright and trademark notices, or labels on the Materials;
(f) rebroadcast or otherwise transmit the Materials via the Internet
or any other means;
(g) 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;
(h) sharing passwords; and
(i) making any other use of the Materials not specifically authorized by the Company.
4.3. 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
4.4. You hereby acknowledge that You understand that the Company does not authorize and strictly prohibits 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 below.
4.5. 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. Further any access to
Materials or any part of the Website from PROHIBITED AREAS shall constitute
access to stored communications in excess of authority granted to do so and
violates Company’s intellectual property rights and may violate 18 U.S.C.
Sections 2510-2520 and other civil and criminal laws.
4.6. 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.
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5. Prohibited Areas. |
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5. Prohibited Areas.
All of the following areas constitute PROHIBITED AREAS from which no part of the
Websites may be accessed, viewed, downloaded or otherwise received:
5.1. All parts of the following countries: Afghanistan, Algeria, Chad, 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. 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 Websites 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.
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6. Indemnification For Unauthorized Use Of Proprietary Materials. |
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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 downloading
or other duplication of materials from the Websites 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
unauthorized downloading of materials from the Websites 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).
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7. Password. |
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7. Password.
Members are responsible for providing all personal
computer and communications equipment necessary to gain access to the Website.
Access to and use of the Website 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 password strictly
confidential and 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 Website 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 Website with any other person is strictly forbidden.
Any such password sharing exceeds the authority granted to You to access the
Materials, violates the intellectual property rights of the Company, and may
violate civil and criminal laws, including the Stored Communications Act. 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 -
password guessing programs, cracking tools or network probing tools - is
strictly prohibited. The Company reserves the right to investigate all suspected
violations of these and other posted Terms of Use.
7.1. Deactivation Of Password Or Access Code For Lack Of Activity.
If Company
issues You a Password or access code for the Web Site’s restricted areas or for
other access to Content or other Materials available in, at, through or in
association with, the Web Site, and You fail to use that Password or access code
within seventy-two (72) hours after You have been given such Password or access
code, the Company may in its sole and exclusive discretion deactivate such
Password and/or access code.
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8. Company's Proprietary Rights To Content. |
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8. Company's Proprietary Rights To Content.
Except for public domain material or material otherwise licensed to or
authorized for use by Company for electronic dissemination, all Materials
displayed at or otherwise available through the Websites are proprietary, and,
may not be copied, redistributed, or downloaded, in whole or in part, without
the prior written authorization of Company. All editions of the Websites, and
all Materials and other matter used directly or indirectly in, at, by, through
and/or with the Websites 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 the Websites 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 User 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. For the
purpose of this paragraph, a "User in good standing" is a User who has not
violated any of the Terms and Conditions of Use of this website.
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9. Limitations On Company's Liability. |
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9. Limitations On Company's Liability.
9.1. You acknowledge and agree that Company shall not be held responsible in any
way for the outcome of any contact or meeting, whether in person, by telephone
or any other means, resulting from advertisements placed or responded to, or
messages or communications sent or received by Users or Advertisers through the
Websites, or through any use, directly or indirectly, of the Websites. You
further acknowledge and agree that the Websites does not screen any Users or
Advertisers of the Websites, has no control over their actions and makes no
representations or warranties with respect to the character, veracity, age,
health or any other attribute of Users of the Websites, including any person who
places Advertisements in the Websites; You further acknowledge and agree that
the Websites does not endorse, encourage, recommend or arrange communications or
meetings among Users of the Websites, or any other persons, and You are expected
to use common sense and take appropriate measures and precautions to insure Your
own personal safety and privacy in the event that You choose to communicate
with, or meet with any person with whom you have communicated through the use of
the public areas or chat areas of the Websites, or through advertisements posted
on the Websites.
9.2. 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. Under no circumstances and under no cause of action or legal theory,
shall Company, its suppliers, licensees, resellers, or other Users or their
suppliers, licensees, resellers or Users 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 viruses, worms. Trojan Horses or other destructive software
or materials, or communications by You or other users of the Websites, or from
any use of Materials or from any use of the Websites whatsoever. 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.
9.3. 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 viewing fee (if any) paid by or on
behalf of the User 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.
9.4. Company is not liable for damages resulting from disseminating, failing to
disseminate, or incorrectly or inaccurately disseminating any Materials, data,
advertisement or other communication at or through the Websites.
9.5. 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.
9.6. No warranty is made by Company regarding any information, services,
Materials or products provided through or in connection with the Websites, 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.
9.7. You acknowledge that use of the Websites is at Your own risk. We do not
represent or endorse the accuracy of reliability of any advice, opinion,
statement or other information displayed, uploaded or distributed through the
Websites or by a User of the Websites or any other person or entity.
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10. Disclaimer Regarding Third Party Content/Limitation Of Liability. |
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10. Disclaimer Regarding Third Party Content/Limitation Of Liability.
10.1. You acknowledge that You understand that we are not responsible for, nor
can we control, the use by others of any information which You provide to them
through the Websites, or otherwise, and that You have been advised that You
should use caution in selecting the personal information You provide to others
through the Websites;
10.2. You acknowledge that You understand that we cannot ensure nor do we make
any representations or warranties regarding the security or privacy of
information that You voluntarily provide through the Internet and Your email
messages, and that You release us from any and all liability in connection with
the use or misuse of such information by other parties;
10.3. You further acknowledge that You understand that we do not control the
content of any information, messages, communication or other materials posted or
uploaded by Users of the Websites, including without limitation all Advertisers,
and that consequently You release us from any and all liability and
responsibility in connection with the content of any information, messages,
communication or other materials You may receive from other Users of the
Websites.
10.4. You further acknowledge that You understand that we do not guarantee or
vouch for the accuracy or truthfulness of any messages, communication,
information or content of any kind which has been posted, uploaded or provided
by other Users of the Websites, including without limitation all Advertisers,
and that consequently You release us from any and all liability and
responsibility in connection verifying, the accuracy of any such messages,
communication, information or content of any kind provided by other Users of the
Websites.
10.5. You further acknowledge that You understand that we do screen, endorse,
monitor, control, investigate, supervise or verify any advertisements or
communications submitted to the Websites by third-party licensees, advertisers,
or Users for electronic dissemination through the Websites. All Users of the
Websites are therefore cautioned and advised to use their own judgment to
evaluate all advertisements and other communications available at or through the
use of the Websites prior to purchasing goods and/or services described at the
Websites or otherwise responding to any communication at the Websites.
10.6. Some of the content of the Websites might be accessed by You via hyperlinks
which will connect You to third-parties, or to third-party Websites that may
provide content to the Websites. We have no editorial control or supervision
over selection or display of the content provided by those third parties or
those third-party Websites and those parties are solely responsible and liable
for that content.
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11. Inappropriate Use Of Chat Or Public Areas Use Of Proprietary Materials. |
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11. Inappropriate Use Of Chat Or Public Areas Use Of Proprietary Materials.
If the Websites enables Users to share information with other Users through the
use of Chat rooms, Public Areas or other means of communication among Users, You
agree and warrant that You shall not submit, publish, or display on the Websites
any material which is infringing, defamatory, libelous or otherwise unlawful, or
any material deemed obscene, lewd, excessively violent, harassing or otherwise
objectionable. You further agree to indemnify the Company and its
representatives for any claims or suits arising from Your use of this Websites
in violation of this agreement and warranty.
11.1. Although we do not assume the
duty or obligation to monitor any messages or other materials posted or uploaded
to the Websites by third parties, including You, we reserve the right but not
the obligation, in our sole and absolute discretion, to monitor any and all
materials posted or uploaded to the Websites by third parties, including You, at
any time without prior notice to ensure that they conform to any content
guidelines or policies of the Websites which may be applicable from time to
time.
11.2. Although we do not assume the duty or obligation to monitor any messages,
advertisements or other materials posted or uploaded to the Websites by third
parties, including You, and are not responsible for any content of these
materials, we reserve the right, in our sole and absolute discretion, but are
not obligated, to delete, move, or edit messages or materials, including without
limitation advertisements and public postings, without notice, that we, in our
sole discretion, deem to violate the Code of Conduct of the Websites or any
applicable content guidelines adopted from time to time by the Websites, or to
be otherwise unacceptable.
11.3. You acknowledge and agree that You shall remain solely responsible for the
content of messages and other materials You may upload to the Websites or Users
of the Websites and that we may, in our sole discretion, terminate or suspend
Your access to all or part of the Websites at any time, with or without notice,
for any reason, including, without limitation, breach of this Agreement. Without
limiting the generality of the foregoing, any fraudulent, abusive, or otherwise
illegal activity may be grounds for termination of Your access to all or part of
the Websites at our sole discretion, and You may be referred to appropriate law
enforcement agencies.
11.4. You acknowledge and agree that You are solely responsible for any
information You send, display, or receive through the Websites even if a claim
should arise after termination of service.
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12. Communications In Chat Room Or Public Areas Not Private. |
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12. Communications In Chat Room Or Public Areas Not Private.
You further acknowledge and agree that all messages or content posted by You or
others in any Chat rooms or public areas which may be provided on the Websites
shall be deemed to be readily accessible to the general public and consequently
should not be considered private or confidential. Consequently, You should not
use the Websites for any communication which You intend only You and the
intended recipient(s) to read. Notice is hereby given that all messages entered
into this Websites can and may be read by the operators of the Site, whether or
not they are the intended recipient(s).
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13. Trademark And Service Mark. |
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13. Trademark And Service Mark.
Title, ownership rights, trade marks and any other intellectual property rights
in the Website and its content (including without limitation the Website design,
text, graphics and all software and source codes connected with the Website)
whether provided by us or by any other content provider shall remain the sole
property of us and/or the other content provider.
In accessing the Website you agree that you will access the content solely for
your personal, non-commercial use. None of the content may be downloaded,
copied, reproduced, transmitted, stored, sold or distributed without the prior
written consent of us the copyright holder.
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14. Payment Processing Authorization. |
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14. Payment Processing Authorization.
You hereby authorize the Company and the
Company’s Internet Payment Service Providers and other authorized agents and
assigns ("Authorized Processors") to charge Your credit card to pay for Your
trial membership fee, if any, and all monthly membership fees, including
RECURRING MONTHLY MEMBERSHIP FEES, if any, 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.
14.1. 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.
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15. Payment Authorization. |
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15. Payment Authorization.
15.1. 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.
15.2. Authorization To Charge Your Credit Card. You hereby authorize the Company,
its assigns, successors and its billing agents, including, its Internet Payment
Service Providers, to charge Your credit card to pay for Your Membership to the
Web Site. You further authorize the Company 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.
15. 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, its assigns, successors, and
designated payment processing agents, including its Internet Payment Service
Processors, 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 the Company, its assigns, successors, and designated payment
processing agents, including its Internet Payment Service Processors, 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.
15.4. Obligation To Report Lost Or Stolen Credit Card.
You further agree that as
a Member of the Web Site, You must promptly inform Company 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 of 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 Impressum
or
by conventional mail at Hierodule productions ltd. , Fischhof 3 , A-1010 Wien.
15.5. Fraudulent Reporting Of Unauthorized Credit 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. You will remain liable to the Company for any
unauthorized use of the Website associated with Your Membership after the
termination of this Agreement.
15.6. 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 Representative by electronic or conventional mail at the address listed below.
Impressum
or by conventional mail at
Hierodule productions ltd. , Fischhof 3 , A-1010 Wien
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16. Disputing Charges. |
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16. Disputing Charges.
To dispute or cancel any erroneous charge, You must
contact the Company at the address listed below.
Impressum
or by conventional mail at
Hierodule productions ltd. , Fischhof 3 , A-1010 Wien
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17. Trial And Monthly Memberships; Fees. | | |
17. Trial And Monthly Memberships; Fees.
Should the Company offer a trial membership to a
member restricted area of the Web Site, by accepting the trial membership to
Website and by accessing the content of Website You authorize the charges set
forth below and you agree to the following terms and conditions:
17.1. Non-Canceled Trial
Membership Will Automatically Convert To A RECURRING MONTHLY MEMBERSHIP. You agree that if You do not send the Company
notice of cancellation of Your trial membership at least ONE (1) DAY prior to
the expiration of Your trial membership term, the Company shall automatically
and without further notice: convert Your trial membership to a standard
RECURRING MONTHLY MEMBERSHIP to the Web Site at the then current standard
monthly rate; and
17.1.1. 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.
17.2. 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. The
official current standard one- month membership rates for the Web Site shall be
set forth at the following link: CURRENT MEMBERSHIP RATES The current monthly
membership rate which will appear on Your credit card bill, will be debited from
Your account, charged to Your telephone, etc., depending Your choice of payment
means, is USD 34.95
17.3. 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.
17.4. You hereby authorize the Company, its successors, assigns
and their credit card and other payment method processing agents to charge Your
credit card (which You hereby acknowledge was entered by You into the sign-up
page) to pay for Your trial membership fee and all monthly membership fees to
Website at the then current standard membership rate. You further authorize the
Company to charge Your credit card for any and all purchases of products,
services and entertainment available through, at, in or on, or provided by,
Website 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.
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18. Transfer Or Assignment Of Membership. |
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18. Transfer Or Assignment Of Membership. You agree that as a Member of the Website
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. Any access to
Materials by any person other than You using Your password or other access means
shall constitute access in excess of the license granted herein and shall
violate the intellectual property rights of Company and may violate civil and
criminal laws, including the Stored Communications Act.
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19. Cancellation. |
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19. Cancellation.
19.1. Canceling Automatic Renewal At End Of Trial Period. To Cancel Automatic
Renewal At The End Of Any Trial Membership Period, You Must Notify The Company
At Least One (1) Day Prior To The End Of The Trial Membership Period By
Contacting The Company at the address listed below.
Impressum
or by conventional mail at
Hierodule productions ltd. , Fischhof 3 , A-1010 Wien
19.2.To Cancel Your Monthly Membership You must contact the
Company At Least One (1) Day Before The Expiration Date Of Your Then Current Membership Term by
Contacting The Company at the address listed below.
Impressum
or by conventional mail at
Hierodule productions ltd. , Fischhof 3 , A-1010 Wien
19.3. All Cancellations Effective Upon Receipt. All cancellations received by the
Company will be effective upon receipt.
19.4. No Refunds For Unused Portion Of Monthly Membership. You hereby acknowledge
and agree that if You cancel Your monthly membership, or if Your membership is
canceled by the Company, 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., 60 minutes after You sign
up), You will still be charged the full month’s membership fee.
19.5. Company Reserves 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.
19.6. 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.
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20. No Screening Of Third Party Content/Limitation Of Liability. |
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20. No Screening Of Third Party Content/Limitation Of Liability.
20.1. You
acknowledge that You understand that Company does not screen or endorse
websites, products or content offered in advertisements or communications
linked, submitted or pertaining to the Website by third-party licensees,
advertisers, or Members for electronic dissemination through the Website, nor do
we have any editorial control or supervision over such content. Members are
therefore advised to use their own judgment to evaluate all advertisements and
other communications available at or through the use of the Website prior to
purchasing goods and/or services described at the Website or otherwise
responding to any communication at the Website.
20.2. You further acknowledge
that You understand that Company does not control the content of any
information, messages, communication or other materials posted or uploaded by
users of the Website, and that You release Company from any and all liability
and responsibility in connection with the content of any information, messages,
communication or other materials You may receive from other users of the
Website.
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21. Acknowledgment of Privacy Policy. |
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21. Acknowledgment of Privacy Policy. You hereby acknowledge the Company’s
Privacy Policy and waive any claims against the Company arising out of any
matter relating thereto.
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22. Liability Of Users For Information They Post. |
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22. Liability Of Users For Information They Post.
The Company may in its discretion provide a service that enables authorized
Users to communicate with or otherwise share information with other Users or
persons who offer to provide any kind of service to Users, or to post
information at, in or on the Websites. If the Company provides such service and
if You make use of the service, You agree that You will not post, submit,
publish, display, disseminate, or otherwise communicate any defamatory,
inaccurate, abusive, threatening, offensive, fraudulent or illegal material or
any material which would violate or infringe the copyright, trademark, rights of
publicity, privacy rights or other rights of any person. You acknowledge that
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 by the Company and You further agree that any transmission of such
material by You shall constitute a material breach of this Agreement entitling
Company, without notice and without any liability for damages or reimbursement
to You, to immediately terminate Your rights to access to the Websites.
22.1. You acknowledge and agree that You, and not the Company, shall be solely
responsible and liable for all damages, liability or other consequences,
foreseen or unforeseen, of all information which You submit, publish, display,
disseminate or otherwise communicate through the Websites even if a claim for
damages or liability should arise after termination of service.
22.2. 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 Users who are authorized to access the Websites and
agree that all such messages and other communications shall not be deemed to be
private or secure. Regardless of whether the Company provides any type of
service described herein, You agree that You have hereby been informed and
noticed that any and all messages and other communications which You submit to
Company directly or through the Websites can be read by the operators and/or
other agents of Company, whether or not they are the intended recipient(s).
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23. Notices To Company Or Users. |
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23. Notices To Company Or Users.
Notices from the Websites to authorized Users may be given by means of
electronic messages or by general posting on the Websites. Communications from
You to the Company may be made by electronic messages or conventional mail,
unless otherwise specified in the Agreement.
23.1 All questions, complaints, and notices to the company shall be sent by electronic mail, or by
conventional mail, to the addresses listed below
Impressum
or by conventional mail at
Hierodule productions ltd. , Fischhof 3 , A-1010 Wien
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24. Private Use Of Materials. |
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24. Private Use Of Materials.
All materials included at the Websites are for the private use by authorized
Users only. No other uses are intended by the Company and any other use is
strictly prohibited by the Company and will constitute a violation of its
limited license and authorization of use.
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25. Disclosure And Other Communication. |
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25. Disclosure And Other Communication.
We reserve the right to send electronic mail to You, for the purpose of
informing You of changes or additions to the Websites, or of any of our related
products and services. We reserve the right to disclose information about Your
usage of the Websites and demographics in forms that do not reveal Your personal
identity. We do not collect, sell, trade, or give away any personal information
in any way. Our site may set cookies on your computer to facilitate your
navigation while on our site. These cookies are never used for any other
purpose. Our sites may contain links to other sites. We are not responsible for
the privacy practices, content or lawfulness of the linking sites.
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26. Your Consent To Receive Email Communications From Us. |
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26. Your Consent To Receive Email Communications From Us.
You hereby grant us the right, from time to time, at our discretion to send You
informational emails at Your email address.
You acknowledge that we may rely upon Your viewing of the Websites as Your
permission to us to send You such emails. Furthermore, You grant us the right to
continue to send You such emails until You specifically notify us that You wish
us to stop sending You said emails.
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27. Entire Agreement. |
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27. Entire Agreement.
This Agreement contains the entire agreement between the authorized User and
Company regarding use of the Websites, 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.
27.1 You acknowledge and agree that the terms and conditions of this Agreement
are subject to change by Company at any time and shall be effective after notice
to Users by posting at or via hyperlink to the Websites.
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28. Agreement And Rights Of Access Subject To Change. |
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28. 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.
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29. Changes To The Service. |
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29. Changes To The Service.
You acknowledge and agree that the Company and third
party Content providers may temporarily or permanently, modify, diminish or discontinue
entirely any part of the Service, any feature, function, service or part of the
Web Site or Membership. The Company will give you the maximum amount of notice
of such modification or discontinuance as is practicable in the circumstances.
Notice of any changes to the service will be made by posting the changes on this
web site.
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30. Venue And Jurisdiction. |
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30. Venue And Jurisdiction.
The state or federal courts sitting in Berlin, Germany shall have
exclusive jurisdiction and venue over any dispute arising out of this
agreement and sale, and you hereby consent to the jurisdiction of such courts.
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31. Choice of Law. |
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31. Choice of Law.
You 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 Germany.
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32. Custodian Of Records. |
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32. 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 of
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 as identified in the 2257 notice on the Web Site.
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33. Cooperation With Law Enforcement. |
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33. 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.
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34. Unenforceability Of Provisions. |
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34. Unenforceability Of Provisions.
If any provision of this Agreement is held to be unenforceable for any reason,
such provision shall be reformed only to the extent necessary to make it
enforceable. Unless otherwise explicitly stated, the provisions of this
Agreement shall survive its termination.
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35. Assignment Of Rights Under This Agreement. |
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35. 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.
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36. Non-Waiver. |
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36. 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.
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37. Affirmation Of Agreement. |
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37. Affirmation Of Agreement.
You hereby acknowledge and affirm that You have
read this entire agreement and that You AGREE to all its terms and conditions by
CLICKING WHERE INDICATED BELOW and by authorizing the use of Your credit card
for payment of charges and fees for You maintaining a membership to the Website
and for any other charges which You may incur for goods or services ordered at
or in association with the Website.
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I AGREE
AND ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT -
I AM AN ADULT AND I WANT TO ACCESS THE RESTRICTED PARTS OF THE WEB
SITE.
I DON'T AGREE -
I DO NOT WANT TO ACCESS THE RESTRICTED PARTS OF THE WEB SITE
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