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TERMS AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions before you can become
an active member of JapaneseBondage.com. Please read them carefully.
- For good and valuable consideration, the sufficiency of which is acknowledged
by you and the Company, you hereby agree to become a subscriber to the JapaneseBondage
and agree to be bound by all the terms and conditions set forth in this agreement
(the "Agreement"). The parties to this Agreement are you, the Subscriber, and
JapaneseBondage.com. Subject to the terms and conditions set forth in this Agreement,
the Company agrees to provide to you all the privileges of subscription to JapaneseBondage.com available to a Subscriber in good standing. This Agreement is subject
to change by Company at any time, and changes are effective upon notice to the
Subscriber by e-mail, posting at or via hyperlink to JapaneseBondage.com, or by mail.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED
AT JapaneseBondage.com ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY
TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT JapaneseBondage.com DO NOT VIOLATE ANY COMMUNITY
STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES
OR ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS MAY DIRECTLY
OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF JapaneseBondage.com. OR PLACE
ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN JapaneseBondage.com.
YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM JapaneseBondage.com INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY
AND HETEROSEXUAL, BI-SEXUAL, AND/OR TRANSEXUAL SITUATIONS OF A SEXUAL NATURE,
THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS KIND, AND THAT YOU ARE NOT OFFENDED
BY SUCH MATERIALS.
YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE
OF EIGHTEEN YEARS AND ARE CAPABLE OF LAWFULLY ENTERING INTO THIS AGREEMENT.
- I acknowledge and agree that all materials contained at JapaneseBondage.com are proprietary and constitute valuable intellectual property.
I acknowledge and agree that as such, I may only access, view, download, receive
and otherwise use the materials available at JapaneseBondage.com
only as authorized by the Company. I agree that I 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. I hereby acknowledge and agree that no materials from any parts
of JapaneseBondage.com 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 prohibited by law. I agree that any and all unauthorized access, viewing,
downloading, receipt, duplication or other use of materials from JapaneseBondage.com, in which I 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 JapaneseBondage.com's and potentially other's intellectual
property rights and other rights in such materials and shall further constitute
a violation of JapaneseBondage.com's trademark and other rights,
including, but not limited to, rights of privacy.
- Some or all of the following fees and charges may be incurred by the Subscriber:
a. Subscription Fees. The Subscriber is responsible for paying periodic subscription
fees according to the then-current billing terms. Subscription fees are non-refundable;
and you must be 18 years of age or older to receive a membership to JapaneseBondage.com. For your convenience and satisfaction, all memberships will
automatically renew upon expiration unless your subscription is cancelled at least
24 hours prior to expiration. The cost of renewal will not exceed monthly
membership costs at time of members' initial subscription. Cost of renewal will
not be affected by any increase in JapaneseBondage.com subscription
rates. The current price is US $9.95 for the WEEK TRIAL and US $24.95 for the
MONTHLY membership subscription.. All membership cancellations can take place
by visiting our MEMBER SERVICES area.
b. Other fees and/or charges for goods and services ordered at, through and/or
from JapaneseBondage.com and its licensees.
- Subscriptions may not be assigned or transferred to any other person or entity.
Subscriber must promptly inform Paycom of the following: changes in the expiration
date of any credit card used in connection with JapaneseBondage.com;
changes in home or billing address; and apparent breaches of security, such as
loss, theft, or unauthorized disclosure or use of an ID or password. Until Company
is notified, by conventional mail, web
site form, or by telephone to JapaneseBondage.com's Customer
Service Department at (888) 968-5834, during normal business hours of a breach
in security, the Subscriber will remain liable for any unauthorized use of JapaneseBondage.com. Upon request, Subscribers will be given access to billing records
that support charges for use of the JapaneseBondage.com.
- Payment for the services provided to you at and/or through JapaneseBondage.com may be made by automatic credit card or check debit and you hereby
authorize Company and its agents to transact such payments on your behalf. You
agree not to report as lost or stolen any credit card which you have used in conjunction
with payment to JapaneseBondage.com, or as unauthorized any charge
by JapaneseBondage.com, for any goods or services, including subscription,
for which you do not have good reason to believe is, in fact, lost, stolen or
unauthorized. You hereby agree that any such fraudulent reporting of a lost or
stolen credit card used to obtain goods or services from JapaneseBondage.com or any fraudulent reporting of an unauthorized charge to JapaneseBondage.com 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 JapaneseBondage.com remains outstanding at
the time of such fraudulent reporting, you shall be liable to JapaneseBondage.com for liquidated damages 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.
- Subscription to JapaneseBondage.com may be terminated at
any time, and without cause, by either Company or Subscriber upon notification
of the other by electronic or conventional mail, or by telephone. You agree to
be personally liable for all charges incurred by you during or through the use
of JapaneseBondage.com. Your liability for such charges shall
continue after termination of your membership for any reason.
- Subscribers are responsible for providing all personal computer and communications
equipment necessary to gain access to JapaneseBondage.com. Access
to and use of JapaneseBondage.com is through the use of a password.
Each Subscriber must keep his password strictly confidential. For security reasons,
JapaneseBondage.com will not release passwords. Unauthorized access
to JapaneseBondage.com is a breach of this Agreement and a violation
of law.
- Subject to the terms and conditions set forth herein, JapaneseBondage.com hereby grants you a limited, non-exclusive and non-transferrable
license to use graphic files, audio files, video files, text, hyperlinks, interlinks,
search engines, and other software associated with authorized Subscriber use of
JapaneseBondage.com which Company provides ("Materials") during
the period in which you are a current Subscriber in good standing. You may use
the Materials only in accordance with the terms and conditions of your membership,
only on one computer at a time and, if downloadable copies of the Materials are
made available by JapaneseBondage.com, you may make only a single
copy of such Materials for your personal use and enjoyment. You may not remove
any propriety notices from Materials at any time. You may make no use of Materials
not expressly authorized herein or by prior express written authorization from
Company. Prohibited uses, include, without limitation: (1) permitting other individuals
to directly or indirectly use the Materials; (2) modifying, translating, reverse
engineering, decompiling, disassembling the Materials (except to the extent applicable
laws specifically prohibit such restriction); (3) making copies or creating derivative
works based on the Materials except as provided herein; (4) renting, leasing,
or transferring any rights in the Materials; (5) removing any proprietary notices
or labels on the Materials; and (6) making any other use of the Materials. This
license does not grant you any rights to any software enhancements or updates
of any kind.
- Except for public domain material or material otherwise licensed to Company
for electronic dissemination, all Materials displayed at or otherwise available
through JapaneseBondage.com are proprietary, and, except for initial
downloading, may not be copied, redistributed, or downloaded, in whole or in part,
without the prior written authorization of Company. All editions of JapaneseBondage.com, and all Materials and other matter used directly or indirectly
in, at, by, through and/or with JapaneseBondage.com 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 JapaneseBondage.com 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 Subscriber 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.
- 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. 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.
Under no circumstances and under no cause of action or legal theory, shall Company,
its suppliers, licensees, resellers, or other subscribers, or their suppliers,
licensees, resellers or subscribers 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 use
of Materials or other use of JapaneseBondage.com.
- Company does not screen or endorse advertisements or links submitted to JapaneseBondage.com
by third-party licensees, advertisers, or subscribers for electronic dissemination
through JapaneseBondage.com. Subscribers are therefore advised to use their own
judgment to evaluate all advertisements and other communications available at
or through the use of JapaneseBondage.com prior to purchasing goods and/or services
described at JapaneseBondage.com or otherwise responding to any communication
at JapaneseBondage.com.
- 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
membership fee paid by or on behalf of the subscriber 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.
- 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 JapaneseBondage.com.
- No warranty is made by Company regarding any information, services, Materials
or products provided through or in connection with the JapaneseBondage.com, 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.
- "JapaneseBondage.com" is a service mark of JapaneseBondage.com, INCORPORATED. All rights are reserved.
- All materials included at JapaneseBondage.com are for the
private use by Subscribers only. No other uses are intended by the Company and
any other use is strictly prohibited.
- 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 JapaneseBondage.com 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 JapaneseBondage.com. You are solely responsible for all information which you submit,
publish, display, disseminate or otherwise communicate through JapaneseBondage.com 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 JapaneseBondage.com
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 JapaneseBondage.com can be read by the operators
and/or other agents of Company, whether or not they are the intended recipient(s).
- Notices from JapaneseBondage.com to Subscribers may be given by means of
e-mail 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 JapaneseBondage.com may be sent in the following manner:
a. by means of the web
site form; or
b. by telephone to Paycom's Customer Service Department during normal business
hours to 888-968-5834.
- This Agreement contains the entire agreement between the Subscriber and Company
regarding Subscribers' use of JapaneseBondage.com, Materials 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 the State of California and the United States as applied
to agreements between California state residents entered into and to be performed
within the State of California, except as governed by Federal law. The application
of the United Nations Convention of Contracts for the International Sale of Goods
is expressly excluded. 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 surviveits termination.
YOU HEREBY AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND 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 YOUR OBTAINING
A SUBSCRIPTION TO JapaneseBondage.com.
SELECT "I AGREE" TO INDICATE THAT YOU HAVE READ THE MEMBERSHIP AGREEMENT
IN ITS ENTIRETY, UNDERSTAND ITS TERMS, CONSENT TO ALL THE TERMS AND CONDITIONS
SET FORTH IN THE MEMBERSHIP AGREEMENT, REPRESENT AND WARRANT THAT YOU ARE CURRENTLY
OVER THE AGE OF 18 YEARS AND UNDERSTAND THAT MATERIALS PRESENTED AT JapaneseBondage.com INCLUDE NUDITY, VISUAL AND AUDIO PRESENTATIONS OF SEXUAL SITUATIONS
AND ADULT LANGUAGE.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT,
ARE NOT OVER 18 YEARS OF AGE, OR ARE IN AN UNAUTHORIZED DOWNLOADING LOCATION,
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