Terms of Service/ User Agreement/Disclaimer
This website and its component services (referred to herein as "Site" or "Service") are presented to you by Plymouth Associates Ltd., an Anguilla limited company ("Company" or "We") on the terms and conditions set forth below. By accessing or using this Service, you ("You" or "Member") agree to each and every term and condition stated below, and as may be revised from time to time. By accessing or using this Service, you hereby state and affirm that they have read, understand, and agree with all of the following terms of service ("Agreement" or "TOS"):
1. Electronic Agreement
This Agreement is an "electronic contract" between You and Company and sets forth the terms of service and use of the Site and Service. This Agreement may be modified by Company from time to time. Any such modification shall become effective upon posting on the Site. By accessing the Site or becoming a Member or using the Service, You thereby state and affirm that you have read and understand this Agreement and agree to all of the terms and conditions contained or referenced herein.
a. Electronic Form and Signature. By accessing the Site or becoming a Member or using the Service, You indicate and give your consent to have this Agreement provided to you in electronic form and further agree that you intended to, and in fact have, provided Your electronic signature to this Agreement.
b. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after You electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please email firstname.lastname@example.org or mail a self-addressed envelope to Plymouth Associates Ltd.- TOS, Heywood House, South Hill, Anguilla.
c. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
i. Effect. Should you choose to withdraw your consent to have this Agreement provided to You in electronic form, We will discontinue your then-current username and password. This means that You will not have the right to use the Service unless, and until, We issue you a new username and password. We only will issue you a new username and password after We receive a signed copy of a non-electronic version of this Agreement, which we will send to You upon request.
ii. Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, email email@example.com or mail a self-addressed envelope to Plymouth Associates Ltd. - TOS, Heywood House, South Hill, Anguilla.
iii. Effective Timing. Your withdrawal of consent shall be effective within a reasonable time after We receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, You prior to the effective date of your withdrawal.
d. Access and Retention. To access and retain this electronic Agreement, You must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must use all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please print a copy of this document for Your records. To retain an electronic copy of this Agreement, You may save it into any word processing program. Company will notify You of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that You will not be able to continue to access and/or retain this electronic Agreement.
2. PRE-CONDITIONS FOR ACCESS TO SITE OR USE OF THE SERVICE
You must be of legal age to enter into binding agreements (such as this), meaning you must be at least 18 years of age (21 in some jurisdictions). This Site may contain images, language and sounds that are sexually erotic in nature. By accessing or using this Service, You represent and warrant that you are not offended by images of nudity, sexually charged language, and that You choose to be exposed to same herein. If you have a person under the age of majority in your household or who might otherwise gain access to this Site via your computer, the Company strongly encourages you to install filtering software to prevent access to this Site by a minor or a person who may be offended by its content. You represent and warrant that you will not allow a minor access to this Site.
By using the Service, You expressly authorize the Company to communicate with you via electronic messaging, to the email address you have provided, regarding the Service, Service updates or information pertaining to the Service or your subscription.
3. MEMBER INTERACTIONS AND SAFETY
By accessing or using the Service, You represent and warrant that you are not required to register as a sex offender with any government entity. THIS SERVICE DOES NOT CONDUCT CRIMINAL BACKGROUND SCREENINGS ON ITS MEMBERS. You agree that You are solely responsible for Your interactions with other Members, both on and off the Site. Use common sense and caution when interacting with other users of the Service. You are strongly encouraged to request proof of age and identity prior to embarking on a relationship or outing with another user or Member. Company does not guarantee the authenticity of any member profile. You release the Company, its officers, directors, employees and agents from any and all claims, liabilities and demands, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, arising out of or related to Your use of the Service and/ or Your interactions with any other person or profile through or at the Site.
Under no circumstance will Company be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of the Service including, but not limited to, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other members.
4. DESCRIPTION AND USE LIMITATION OF SERVICE
The Service provides users with access to an on-line community of adults having similar interests, and other resources. The Service is intended for the private, personal, non-commercial use of individual members and visitors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service cannot be used by businesses or organizations. In no event can You use the Service to send spam to members, or to send marketing materials, or use the Service to sell products or services
You agree that you will not use any robot or spider or other computer program or device to monitor or copy any portion of the Site, or any virus or malware or other program that could interfere with the functionality of the Site, or that could cause an improper burden or load on the Site or its computer equipment or network.
5. POSTED CONTENT/ LIMITS & RESTICTIONS
The Company, Site and Service are Internet Service Providers and Online Service Providers as defined by U.S. federal law, including but not limited to the Copyright Act and the Communications Decency Act and Federal Regulations, and claim all immunities and privileges owing to or available to same. Nothing in these TOS is intended to waive or remove any such immunities and privileges.
You are solely responsible for any content you post or upload or transmit on the Site or through the Service, and you represent and warrant that you have all legal rights necessary to do so, including but not limited to rights under copyright.
You represent and warrant that any images you post that include a recognizable depiction of any person other than yourself shall be non-sexual in nature, shall be only of persons eighteen years or older, and that You have obtained a written release from such other person(s) to legally permit you to post their image on the Site and that no compensation is due or owing to them as a result thereof. You represent and warrant that any image that includes bare breasts or male or female genitalia is an image of You and You only.
You are prohibited from posting any image that depicts insertion of any thing or object into the anus or vagina, or that depicts fellatio or cunninlinguis. You cannot post an image that depicts bondage or masochism or sadism or bestiality. You cannot post an image of an erect penis or of spread vaginal lips. You cannot post any other type of sexually explicit image that triggers the record keeping requirements of 18 U.S.C. Section 2257.
The Company can remove any images, texts, messages, audio, language, photos, profiles or any other content that it determines in its sole judgment to violate these TOS or which might be offensive, harmful, infringing or impinging upon the rights of another person or entity, or which may be threatening or harassing to any person or group of persons, or which promotes any illegal activity, or which is obscene or libelous or known to be false, or which includes transmission of unsolicited email or chain letters, phishing, spoofing or other unlawful activity and You agree not to post any such content.
6. SMS TEXTING PROGRAM
The Site provides a texting service, providing Members the optional ability to communicate with other Members via SMS Text Messaging. This Service assigns phone numbers - managed by the Service - to Members to facilitate privacy. No Member's actual mobile phone number is ever revealed to another Member.
This text service is not commercial in nature, it does not market any good or service and does not fall within the Telephone Consumer Protection Act ("TCPA," 47 USC Section 227) or the FCC's regulations implementing the TCPA (47 CFR section 64.1200).
Using the SMS program service requires Members to manually input their mobile phone number into the secure, private signup form and to then confirm ownership of said mobile number by either replying to a message sent from Customer Service or inputting a PIN number into another pop-up form generated by the Site. Once the Member confirms his/her mobile number (remember: Members' phone numbers are kept strictly confidential), another pop-screen will display with the "Token Packages" then available, because Members purchase SMS Tokens to use the SMS Program service. (PLEASE NOTE: Company does not charge tokens for Members to receive messages.)
Every message the Member sends costs 1 token - the more Text Tokens purchased, the less cost per Token. The interface from the Site will inform the Member of the current Token packages and their costs.
Carrier message & data rates may apply - consult your wireless carrier plan.
Text Content Restrictions: Using the SMS Program means that You will comply with all content restrictions set forth in this Agreement, including but not limited to:
You agree to indemnify and hold the Company, and its affiliates, directors, officers, employees, agents and representatives harmless from and against any claim or demand, including attorneys' fees, made by any third party due to or arising out of images, language or content you submit, post to, text or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person or entity. You further agree that in the event of any action or claim brought against the Company due to or arising out of any images, language or content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, you will reimburse the Company for its reasonable attorneys' fees and costs incurred in the defense of such action or claim.
8. MODIFICATIONS TO SERVICE
You agree that the Company may at any time, in its sole discretion, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof). You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Notwithstanding the fact that Company is an Internet Service Provider as defined under federal laws, you acknowledge and agree that the Company, in its sole discretion, may at any time terminate your profile, your access to the Site, and/or remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS or of any terms and conditions or rules posted on the site. You agree that any termination of your access to the Service under any provision of these TOS may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account (or any part thereof) and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third party for any termination of your access to, or removal of your information from, the Service.
10. DEALINGS WITH ADVERTISERS/ MARKETING PARTNERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and marketing partners on the Service.
11. SERVICE FEATURES
Please note that the Site and Service are for entertainment purposes. Profiles, images and other Site content are intended to enhance the entertainment experience of our members and users. You are not guaranteed that you will find a date or meet any of our members in person or that any members provided on the site are interested in dating or communicating with you. You understand and agree that some profiles and members information may not be accurate and You will not hold site liable for such inaccuracies. You also understand and agree there are profiles posted on the Site that reflect fictional persons or automated characters through our dating "Ambassadors" program. The Ambassadors simulate communications with users to enhance messaging, inspire interaction, bring enjoyment and help participation with users, along with familiarize users with features of the Service. You acknowledge and agree that an Ambassador may contact You via email, SMS text and instant messaging, and that a message You transmit to an Ambassador may be replied to with one or more personal or standardized responses. You acknowledge that communications with Ambassadors are not private. Ambassadors also help safeguard against violations of this Agreement by monitoring the Service and reporting wrongdoing to Service administrators. Ambassadors may also be used in connection with our market research to enable us to analyze user preferences, trends, patterns and information about our customer base. You acknowledge and agree that Ambassador profiles are intended to enhance your entertainment. You release Company from any liability to You in any manner relating to Your interaction or communications with an Ambassador.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such site or resource.
13. PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the Company or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based, in whole or in part, on the Service, the Software, the content or sponsor advertisements, or information presented to you through the Service or advertisers.
The Company grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
All disputes arising out of or in connection with this Agreement or Your access to or use of the Site or any Service must be submitted to and settled under binding arbitration under the Rules of Arbitration of the International Chamber of Commerce before one arbitrator appointed in accordance with the said Rules. Arbitration shall take place in Anguilla or other mutually agreed upon location. This Agreement shall be governed by the laws of Anguilla.
15. NO CLASS ACTION
As a material inducement to Company's offering of the Site and Service to You, and for entering into this Agreement, You represent, warrant, covenant and agree that You shall not initiate, nor participate in - whether as a named plaintiff or as a member of any class of plaintiffs or aggrieved parties - any Class Action lawsuit or action, whether brought in a judicial proceeding or an arbitration proceeding, against Company and/or its directors, officers, shareholders, employees or agents arising out of or relating to this Agreement or the Site or any Service offered through the Site. It is hereby understood and agreed that damages may be an inadequate remedy in the event of a breach of this provision, and that any such breach will cause Company irreparable harm and damage. Accordingly, You acknowledge and agree that Company shall be entitled to immediate injunctive or other equitable relief and to attorneys fees and costs, without waiving any additional rights or remedies available at law or in equity or by statute, in the event of actual or threatened breach of this provision by You.
Should any section or provision of this Agreement, or part thereof, be rendered or declared invalid in any proceeding having jurisdiction over this Agreement, such invalidation shall not invalidate the remaining portions of this Agreement, and they shall remain in full force and effect.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR PERSONAL DAMAGES RESULTING FROM EMOTIONAL DISTRESS OR ANY OTHER HARM OR INJURY (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO INTERACTIONS ORCOMMUNICATIONS FROM OR WITH ANY OTHER MEMBER OR PROFILE . THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE OR REASON WHATSOEVER SHALL BE AT ALL TIMES LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICE DURING THE TERM OF YOUR USE. YOU EXPRESSLY RELEASE AND HOLD COMPANY HARMLESS FROM AND AGAINST ANY CLAIM, WHETHER BASED IN TORT, CONTRACT, STATUTE, REGULATION OR ANY OTHER LEGAL THEORY, BASED ON OR ARISING FROM YOUR USE OF THE SITE OR YOUR COMMUNICATIONS WITH ANY PROFILE OR PERSON APPEARING ON THE SITE OR ANY COMMUNICATION WITH ANY PERSON WHATSOEVER THROUGH THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
20. COPYRIGHTS and COPYRIGHT AGENT
The Company respects the intellectual property rights of others, and we ask our members to do the same. You cannot post, reproduce or distribute copyrighted material unless you have received necessary rights under copyright to do so, which typically requires you to have obtained a written license from the copyright holder.
If you believe that material in which you hold copyright or rights under copyright has been displayed, published or posted on the Site in a way that constitutes infringement, please provide the Company's Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a) a description of the copyrighted work that you claim has been infringed;
b) a description of where the material that you claim is infringing is located on the site;
c) your name, address, telephone number, and email address;
d) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e) a written statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
The Company's Copyright Agent for Notice of claims of copyright infringement for the Site can be reached as follows: By email via: firstname.lastname@example.org.
21. MEMBER SUBSCRIPTIONS
Upon subscribing to membership to the Service, you hereby authorize the Company or its payment processing agent (as shown on the "join page" of the website) to charge your credit card (or other approved payment facility) for periodic recurring subscription fees according to the then-current billing terms for the Service. Monthly rates of your subscription will be automatically renewed at the rate specified on the site's JOIN page and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the Company that you wish to cancel your subscription no less than five (5) days prior to the end of the preceding billing period. You are liable for any subscription charges incurred by you up to and until termination of the Service. You hereby further authorize Company or its payment processing agent to charge your credit card (or other approved facility) for any and all purchases of products or services made by you through the Service. You agree not to report as lost or stolen any credit card which you have used in conjunction with such payment to your issuing bank or to the Company or its payment agent for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the Company. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges cause severe business and financial harm to Company and shall render you liable to the Company for liquidated damages in the amount of $2,500.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. Upon request, Subscribers will be given access to billing records that support charges for use of the Service. If the address or any other information pertaining to your credit card is changed for any reason, including changes in the home or billing address, changes in the card expiration date, or if your credit card is lost or stolen, you must immediately inform the Company and its payment processing agent via e-mail. Your failure to do so is a material breach of this Agreement, and, in the event of your failure to so notify, agent and Company disclaim any and all responsibility for charges posted to a lost or stolen credit card. Your subscription cannot be assigned or transferred to any other person or entity. You must promptly inform the Company of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until said agent and Company are notified, you will remain liable for any unauthorized use of the Service.
22. DISPUTES AMONG OR REGARDING USERS
The Company is not responsible for the messages or content posted to or transmitted through the Site. While users represent and warrant that they are at least eighteen years of age, the Company cannot and does not guarantee that a person under eighteen years of age may not have infiltrated the Site. Company does not guarantee the authenticity of any profile appearing on the Site. Use caution and common sense when dealing with another user or Member, and You are strongly encouraged to request proof of age and identity prior to embarking on a relationship or outing with another user or Member. Company does not guarantee the authenticity of any profile.
You release the Company, its officers, directors, employees and agents from any and all claims, liabilities and demands, of any kind or nature whatsoever, known or unknown, suspected or unsuspected, arising out of or related to Your use of the Service and/ or Your interactions with any other person or profile through or at the Site.
The Company has no obligation whatsoever to monitor disputes between users, but reserves the right to do so in its sole discretion.
Please report any violations of the TOS to our Customer Service Department at email@example.com.
24. PAID TRIAL AND MONTHLY MEMBERSHIPS
SHOULD YOU ACCESS THE SITE ON THE BASIS OF A PAID TRIAL MEMBERSHIP, BE ADVISED THAT ALL TRIAL MEMBERSHIPS WILL AUTOMATICALLY BECOME A REGULAR MONTHLY MEMBERSHIP SUBSCRIPTION AT THE END OF THE TRIAL PERIOD UNLESS YOU CANCEL YOUR MEMBERSHIP AT LEAST 24 HOURS BEFORE THE END OF THE TRIAL PERIOD BY USING OUR ONLINE TOOLS.
PAID MONTHLY MEMBERSHIP SUBSCRIPTIONS ARE RECURRING SUBSCRIPTIONS MEANING THAT YOU WILL AUTOMATICALLY BE BILLED MONTHLY AT THE THEN-CURRENT MONTHLY RATE (as specified on the site's UPGRADE page) UNTIL YOU CANCEL YOUR MEMBERSHIP. UNLESS REFUNDED FOR GOOD CAUSE SHOWN, MEMBERSHIP FEES INCURRED PRIOR TO CANCELLATION ARE YOUR OBLIGATION TO PAY, AND WE WILL PURSE BY COLLECTION AGENCIES OR OTHER LAWFUL MEANS ANY SUBSCRIBER WHO DEFRAUDS VIA CREDIT CARD CHARGEBACKS OR REFUNDS.
COMPANY RESERVES THE RIGHT TO DETERMINE WHICH CONTENT MAY BE ACCESSIBLE TO TRIAL SUBSCRIPTION MEMBERS. TRIAL MEMBERSHIP CONTENT ACCESS MAY BE LIMITED. TO RECEIVE ACCESS TO ALL SITE CONTENT IT MAY BE NECESSARY TO UPGRADE THE TRIAL MEMBERSHIP TO A FULL PRICE SITE SUBSCRIPTION.
Upon subscribing as a paid member, YOU hereby authorize COMPANY's payment processing agents (epoch.com, CommerceGate or WTS) or other authorized agent as disclosed on the "join page" of the website) to charge your credit card (or other approved payment facility) for periodic RECURRING subscription fees according to the then-current billing terms for the Service. Monthly rates of Your subscription will be AUTOMATICALLY renewed at the rate specified on the site's JOIN page and your credit card (or other approved facility) will be charged at the then-current subscription rate unless you notify the COMPANY that you wish to cancel your subscription no less than four (4) days prior to the end of the preceding billing period. Whether or not termination is at your request, YOU are liable for any subscription charges incurred by you up to and until termination of the Service. All charges will appear on your credit card statement according to the terms of service of COMPANY payment processing agent. YOU hereby further authorize COMPANY payment processing agent to charge your credit card (or other approved facility) for any and all purchases of products, services and entertainment made by YOU through the Service. YOU agree not to report as lost or stolen any credit card which you have used in conjunction with such payment to YOUR issuing bank or to the COMPANY or its payment agent for goods or services which you do not have good reason to believe is, in fact, lost or stolen. You further agree not to report as unauthorized any charge for goods or services (including subscriptions) which you have, in fact, ordered from the COMPANY. You hereby agree that any such false reporting of a lost or stolen credit card or of unauthorized charges cause severe business and financial harm to COMPANY and shall render YOU liable to COMPANY for liquidated damages in the amount of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement. Upon request, Subscribers will be given access to billing records that support charges for use of the Service.
26. ADDITIONAL USER AGREEMENT
By applying for membership and subsequently becoming a member of this site, the person applying for membership (hereinafter referred to as "applicant") does hereby state and affirm that:
26.1. Applicant is at least 18 (eighteen) years of age
26.2. Applicant acknowledges that he/she cannot, will not and shall not, use any material obtained by and through this site in any commercial or professional manner, for any reason, at any time.
26.3. Member shall be issued a User name and Password in order to gain access to this site and all content therein. Member agrees and understands that the User name and Password, and all material viewed must remain under the member(s) personal control and said member shall assume full and total responsibility for such material and not pass to any other person, real or imagined, by any means, the User name, Password or material obtained from this site including but not limited to, allowing any other person under the age of majority to view, examine, or be subjected to the material. Logs of all accesses are kept, and logins from more than three (3) distinct second-level domains shall constitute proof of violation of this clause of this agreement, with resultant removal of Username and Password without recourse, refund, or further warning. Applicant and Member further agrees that he/she shall use the User name and Password only for personal use with a typical internet Web Browser; specifically, the use of "robots" or other automated browsers is prohibited. Applicant and Member further state he/she will not display, rent, sell, distribute, loan or give, show or cause to be shown, any materials obtained from this site to any other natural person, for any reason, at any time.
26.4. Once a User name and Password have been received by the Applicant, then that Applicant shall be known as a "member". The member understands that this site does not make any warranty, express or implied, as to the content or nature of any material within this site, as being suitable for any purpose, real or imagined. For that reason the Applicant and/or Member agree and understand that the membership will continue with full force and effect for the period of time the Applicant is enrolled. In the event that an Applicant or Member experiences an inability to log on to, or access the this site web-site, this site will take any and all action to assure that the service interruption shall be placed at a minimum. The Applicant and/or Member understand that technical difficulties do exist from time to time and shall not be unreasonable in allowing this site to perform any and all service work or modifications in order to rectify any and all difficulties. Further, this site cannot guarantee compatibility of the members equipment including, but not limited to, type of computer, computer configuration, browser software, other software, dial-up account, or on-line service.
26.5 Applicant understands that any attempt to access this site is at his/her sole option and assumes any and all risks in doing so. Applicant/member is responsible for his/her own actions and agree to hold Company completely and irrevocably harmless from the actions of said Applicant, user or Member.
26.6. Applicant and/or Member assumes any and all responsibility and liability for transmitting data or material(s) and all contents of said data, at his or her own risk, to or from this site's Web Server, by any known or unknown telecommunications method including but not limited to, local or national telecommunications lines, telephone service or data lines belonging to any entity or natural person, in any State, local community, County, City, Municipality, Commonwealth or Country, geo-stationary satellites, cellular or digital, or any combination or methods of service applicable thereto and thereof.
26.7. Applicant and/or Member are prohibited from soliciting this sites' membership for any product, service, website, or anything other than the expressed purpose of this site as an internet personals site.