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Terms And Conditions Of Adult World Media Website Subscription(s)
Before THE SUBSCRIBER (referred to herein as "YOU" or "SUBSCRIBER") is authorized to visit or access materials provided at any of the Adult World Media Websites including, but not limited to Xxx Galaxy Girls.com (referred to herein as "COMPANY" or "WEBSITE"), YOU are required to read and accept the following Terms and Conditions of Access, Use and Subscription(s) (the "Agreement"). PLEASE TAKE CARE TO CAREFULLY READ AND UNDERSTAND EACH AND EVERY PROVISION CONTAINED IN THIS AGREEMENT PRIOR TO DETERMINING WHETHER YOU AGREE TO PROCEED INTO THIS WEBSITE. By enrolling in the COMPANY'S service (the "Service"), YOU become a Subscriber and agree to be bound by this Agreement (the "Agreement"). This agreement is subject to change by the COMPANY at any time, and changes are effective upon notice to each Subscriber.
Binding Agreement. This Agreement is made and entered into by and between YOU, a person desiring to access and make personal use of the materials appearing in THIS WEBSITE, and Adult World Media (M&K Entertainment), the owner and operator of THIS WEBSITE. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by YOU and COMPANY, and by further accessing or otherwise taking advantage of the services and materials provided by THIS WEBSITE, YOU agree to be bound by all the terms and conditions set forth herein. Subject to the provisions set forth in this Agreement, COMPANY grants YOU a non-exclusive, but wholly revocable license, to access to THIS WEBSITE. This Agreement is subject to change by COMPANY without notice and at any time, and changes are effective upon notice to YOU by posting notice of changes here or by e-mail.
Privacy and Information Usage Rights. COMPANY will NOT, at any time, sell, rent, or lease any of your personal information, including your name and your e-mail address. You privacy is protected.
Upon subscribing to THIS
WEBSITE you authorize COMPANY to send email to you to the e-mail address you
have supplied. You may always opt-out of receiving future e-mailings. All of
our communications contain 'opt-out' sections. Although we have not done so
in the past, we reserve the right to sell your email address and/or demographic
data to third parties with the proviso that any solicitations or communications
from such third parties to your email address always contain 'opt-out' sections
which 'opt-out' sections would, if you elect to 'opt-out', stop all future emails
from us and from any third parties who we may have received your email address
from us.
We may in our sole discretion, develop and use consumer research based on Users'
use of the service. All marketing information shall be subject, in all cases,
to compliance with the applicable rules and regulations of the Communication
Commission, and other relevant laws and regulations; as the same may be amended
from time to time.
Local Laws. ALL TEXT, IMAGES, GRAPHICS, MESSAGES AND COMMUNICATIONS, FOUND IN THIS WEBSITE (COLLECTIVELY REFERRED TO HEREIN AS "CONTENT") ARE ONLY AUTHORIZED FOR DISTRIBUTION EXCLUSIVELY TO PERSONS OVER THE AGE OF MAJORITY (EIGHTEEN (18) YEARS OF AGE IN MOST JURISDICTIONS, BUT 21 YEARS OF AGE IN AL, MS, NE, NY ALL OTHER JURISDICTIONS WHERE 21 IS THE AGE OF MAJORITY) WHO ACCESS THE WEBSITE IN LOCATIONS WHERE SUCH CONTENT DOES NOT INFRINGE UPON OR VIOLATE ANY LOCAL STANDARD OF DECENCY OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY. NO PERSON WHO IS UNDER THE AGE OF EIGHTEEN (18) YEARS (OR 21, WHERE APPROPRIATE) MAY DIRECTLY OR INDIRECTLY VIEW, DOWNLOAD OR POSSESS ANY OF THE CONTENTS OF THIS WEBSITE. YOU are responsible for knowing and understanding the standard of decency and other laws ad regulations in place in YOUR community concerning adult-oriented content, and COMPANY in no way represents or warrants that the content contained in THIS WEBSITE is compliant with YOUR local laws.
Sexual Content. THIS WEBSITE CONTAINS GRAPHIC DEPICTIONS OF NUDITY AND SEXUAL CONDUCT. YOU HEREBY ACKNOWLEDGE AND AGREE THAT CONTENT CONTAINED IN THIS WEBSITE REFLECTS EXPLICIT DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND TRANSEXUAL SITUATIONS OF A SEXUAL NATURE, THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS. IF YOU ARE, OR MAY BE, SO OFFENDED, YOU ARE STRONGLY ADVISED TO REFRAIN FROM ACCESSING THE WEBSITE.
Restrictions on Use of Content. All content, including images, text, graphics, video and audio content (the "Content") contained in THIS WEBSITE is protected under the laws of copyright, owned or under license to COMPANY or its designees, and represents proprietary and valuable intellectual property. YOU cannot, under any circumstances, access, view, download, receive and make use of said Content except as specifically and in writing authorized by COMPANY. Upon becoming a subscriber member of the website, the COMPANY grants YOU a limited, non-exclusive, non-transferable, revocable license to access and view the graphics files, audio files, video files, text, hyperlinks, interlinks, search engines and other software associated with authorized subscriber member use of the Content. YOU agree 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 and agree that no materials from any parts of THIS WEBSITE are authorized, and no materials are intended, by the COMPANY to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated to any person or entity located in any and all areas designated as PROHIBITED AREAS below. YOU agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from THIS WEBSITE, in which YOU am directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of THIS WEBSITE and potentially other's 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.
PROHIBITED ACCESS
AREAS
All of the following areas constitute PROHIBITED AREAS from which no part of
THIS WEBSITE may be accessed, viewed, downloaded or otherwise received:
A. All parts of the United States of America in which the access, viewing, downloading
or other use of materials at THIS WEBSITE would, or could reasonably, constitute
a violation of any law, regulation, rule or custom.
B. All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan,
Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria,
The United Arab Emirates; and
C. All parts of every other geophysical place corresponding to a political entity
or part thereof in which the access, viewing, downloading or other use of materials
at THIS WEBSITE would, or could reasonably, constitute a violation of any law,
regulation, rule or custom. YOU shall at no time access, view, download, receive
or otherwise use, or cause or enable any other person or entity to access, view,
download, receive or make use of any portion of said Content, directly or indirectly
in places where COMPANY does not authorize such access, viewing, downloading,
receipt or other use, including but not limited to "Restricted Areas."
As used herein, "Restricted Areas" means the following geographical
areas: Any nation, state or province or portion thereof where the access, viewing,
downloading or any other use of the Content would, or could reasonably, be a
violation of any civil or criminal law, governmental regulation or court decision.
Indemnification.
YOU agree to indemnify and hold harmless COMPANY from and against any
claims, losses, liabilities, actions, suits or other expenses (including reasonable
attorney's fees) arising out of a breach by YOU of any of YOUR covenants, representations
or warranties contained herein. YOUR representations and warranties include:
YOU at least 18 years of age (at least 21 in jurisdictions having 21 as the
age of majority);
YOU understand that the Service includes graphic depictions of sexually explicit
materials and YOU freely and voluntarily choose to gain access to and view these
materials;
YOU have never informed law enforcement, the U.S. Postal Service or other governmental
agency that YOU do not desire to obtain or receive sexually explicit materials;
YOU will not permit any other person or entity to have access to YOUR password
or ID and YOU will at no time authorize, permit or assist any other person,
including but not limited to persons who are minors, access to the Service.
You will not bookmark the
Website so as to bypass these terms and conditions of service unless you have
read, understood and agreed thereto.
No Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. COMPANY
GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN
THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY,
ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS PARAGRAPH. COMPANY IS NOT RESPONSIBLE TO YOU FOR ANY DELAY IN TANSMISSION
OF CONTENT OR WEBSITE DOWNTIME. YOU are responsible for having and maintaining
the personal computer equipment and Internet access necessary to make use of
the Service.
Limitation of Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY OT USE, THE SERVICE OR THE CONTENTS THEREOF, EVEN IF COMPANY WAS PEVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY OTHER CLAIM BY YOU OR BY ANY OTHER PERSON. 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 website.
Subscription fees. The subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are non-refundable.
Unless and until this agreement is cancelled in accordance with the terms hereof, YOU hereby authorizes the COMPANY to charge subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership. Subscriber hereby further authorizes the COMPANY to charge Subscriber's credit card (or other approved facility) for any and all purchases of products, services and entertainment provided the COMPANY. Subscribership may not be assigned or transferred to any other person or entity. YOU must promptly inform the COMPANY of the following:
Changes in the expiration
date of any credit card used in connection with the Service.
Changes in home or billing address.
Apparent breaches of security, such as loss, theft, or unauthorized disclosure
or use of an ID or password. Until the COMPANY is notified, by e-mail of a breach
in security, YOU will remain liable for any unauthorized use of the Service.
Upon request, YOU will be given access to billing records that support charges
for use of the Service.
Payment for the appropriate services may be made by automatic credit card debit or automatic checking account withdrawal. Members will be automatically renewed for the original term upon expiration, the exception to this being our 7 Day Trial or 3 Day Trial is renewed into a monthly membership at the current posted rate on the renewal date. Allow 72 hours for a reply from your customer support representative.
Cancellation of membership. Subscription to the Service may be terminated at any time, and without cause, by either the COMPANY or YOU upon notification of the other by electronic or conventional mail, or by telephone. When termination is requested by a member, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service.
Advertising Messages.
COMPANY does not screen or endorse advertisements or communications submitted
to it by third-party licensees, advertisers, or visitors for electronic dissemination
through THIS WEBSITE. YOU are advised to use YOUR own judgment to evaluate all
advertisements and other communications available at or through the use of THIS
WEBSITE prior to purchasing goods and/or services described therein or otherwise
responding to any communication at THIS WEBSITE.
Subscriber Communications. If the COMPANY should at any time provide any service
which enables Subscribers to communicate with or otherwise share information
with other Subscribers or persons providing any kind or service to Subscribers,
you agree not to submit, publish, display, disseminate, or otherwise communicate
any defamatory, inaccurate, abusive, threatening, offensive, or illegal material
while connected to or otherwise directly or indirectly using THIS WEBSITE or
other services provided to you by COMPANY. Transmission of such material or
any material that violates any federal, state, or local law in the United States
or anywhere else in the world, is strictly prohibited and shall constitute a
material breach of this Agreement entitling COMPANY to immediately terminate
all rights to access to THIS WEBSITE . You are solely responsible for all information,
which you submit, publish, display, disseminate or otherwise communicate through
THIS WEBSITE even if a claim should arise after termination of service. If the
COMPANY provides any such service described herein, you agree that all messages
and other communications by you shall be deemed to be readily accessible to
all other Subscribers who are authorized to access THIS WEBSITE 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
indirectly may be read by the operators and/or other agents of COMPANY, whether
or not they are the intended recipient(s).
Notices. Notices from THIS WEBSITE to Subscribers may be given by means of e-mail, by general posting on THIS WEBSITE, or by conventional mail. Communications from you to the COMPANY may be made by e-mail, conventional mail or telephone. All questions, complaints, or notices to THIS WEBSITE may be sent in the following manner: by means of electronic mail (CUSTOMER SERVICE).
No Affiliation. THIS WEBSITE is not affiliated with any COMPANY or organization other than as set forth above. No inference of association or affiliation with, or endorsement by any COMPANY or organization is intended or should be inferred.
Entire Agreement. This Agreement contains the entire agreement between the Subscriber and COMPANY regarding Subscribers' use of the Service, Content and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by COMPANY. This Agreement shall be governed by and construed under the laws of California. 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.