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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 BlackNudeStars.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 BlackNudeStars.com, 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
BlackNudeStars.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 BlackNudeStars.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 BlackNudeStars.com, or by mail.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT BlackNudeStars.com ARE INTENDED FOR DISTRIBUTION
EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS,
MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT BlackNudeStars.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 BlackNudeStars.com OR PLACE ANY ORDERS
FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN BlackNudeStars.com. YOU
HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM
BlackNudeStars.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
BlackNudeStars.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
BlackNudeStars.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
BlackNudeStars.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 BlackNudeStars.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
BlackNudeStars.com's and potentially other's intellectual property
rights and other rights in such materials and shall further constitute a
violation of BlackNudeStars.com's trademark and other rights,
including, but not limited to, rights of privacy.
- I agree to be personally liable and fully indemnify
BlackNudeStars.com for any and all damages directly, indirectly and/or
consequentially resulting from my attempted or actual unauthorized
downloading or other duplication of materials from BlackNudeStars.com
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 BlackNudeStars.com 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).
- 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 BlackNudeStars.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 BlackNudeStars.com
subscription rates. $2.95 3-day trial and/or $34.83 for 30 days then
$34.83 recurring every 30 days. 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 BlackNudeStars.com and its licensees.
- Subscriptions may not be assigned or transferred to any other person
or entity. Subscriber must promptly inform Company of the following:
in connection
with BlackNudeStars.com any
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 BlackNudeStars.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 BlackNudeStars.com. Upon request, Subscribers will be given access
to billing records that support charges for use of the
BlackNudeStars.com.
- Payment for the services provided to you at and/or through
BlackNudeStars.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
BlackNudeStars.com, or as unauthorized any charge by
BlackNudeStars.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 BlackNudeStars.com or any fraudulent reporting of an
unauthorized charge to BlackNudeStars.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
BlackNudeStars.com remains outstanding at the time of such fraudulent
reporting, you shall be liable to BlackNudeStars.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 BlackNudeStars.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 BlackNudeStars.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
BlackNudeStars.com. Access to and use of BlackNudeStars.com is through
the use of a password. Each Subscriber must keep his password strictly
confidential. For security reasons, BlackNudeStars.com will not release
passwords. Unauthorized access to BlackNudeStars.com is a breach of
this Agreement and a violation of law.
- Subject to the terms and conditions set forth herein,
BlackNudeStars.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 BlackNudeStars.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 BlackNudeStars.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 BlackNudeStars.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 BlackNudeStars.com, and all Materials and
other matter used directly or indirectly in, at, by, through and/or with
BlackNudeStars.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 BlackNudeStars.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 BlackNudeStars.com.
- Company does not screen or endorse advertisements or communications
submitted to BlackNudeStars.com by third-party licensees, advertisers,
or subscribers for electronic dissemination through BlackNudeStars.com.
Subscribers are therefore advised to use their own judgment to evaluate
all advertisements and other communications available at or through the
use of BlackNudeStars.com prior to purchasing goods and/or services
described at BlackNudeStars.com or otherwise responding to any
communication at BlackNudeStars.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
BlackNudeStars.com.
- No warranty is made by Company regarding any information, services,
Materials or products provided through or in connection with the
BlackNudeStars.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.
- "BlackNudeStars.com" is a service mark of BlackNudeStars.com,
INCORPORATED. All rights are reserved.
- All materials included at BlackNudeStars.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 BlackNudeStars.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 BlackNudeStars.com. You are solely
responsible for all information which you submit, publish, display,
disseminate or otherwise communicate through BlackNudeStars.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
BlackNudeStars.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 BlackNudeStars.com can be read by the operators
and/or other agents of Company, whether or not they are the intended
recipient(s).
- Notices from BlackNudeStars.com to Subscribers may be given by
means of e-mail, by general posting on BlackNudeStars.com, 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 BlackNudeStars.com may be sent in the following manner:
a. by means of the web site form; or
b. by telephone to BlackNudeStars.com'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 BlackNudeStars.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 BlackNudeStars.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 BlackNudeStars.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, SELECT THE "I DO NOT AGREE".
RETURN POLICY
1.7. TRIAL
AND MONTHLY MEMBERSHIPS; FEES; CANCELLATION. By accepting the trial
membership to Website and by accessing the content of Website You
authorize the charges set forth below and agree to the following terms
and conditions:
1.1.7.1.
Your trial membership will entitle You full access of Website for 3 DAYS
(depending on which payment method You are using) starting on the day
You submit Your trial membership application to Website.
1.2.7.2.
You agree that if You do not send the Company notice of cancellation of
Your trial membership at least 1 DAY from the expiration of Your trial
membership term, the Company shall automatically and without further
notice: convert Your trial membership to a standard RECURRING
MONTHLY SUBSCRIPTION to Website at the standard one month membership
rate; renew Your monthly membership to Website for successive periods of
one month each at the then current standard one month membership rate.
1.3.7.3.
Subscription and Membership fees to Website are subject to change at any
time at the sole and absolute discretion of Company. The official
standard membership rates for the Website shall be set forth at the
following: $2.95 3-day trial and/or $29.83 for 30 days then
$29.83 recurring every 30 days.
1.4.7.4.
TO CANCEL AUTOMATIC RENEWAL AT THE END OF
THE PAID TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY THE COMPANY AT LEAST
ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING THE
COMPANY BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE THEN CURRENT E-MAIL
ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT http://www.madeinporn.com/customer_support
1.5.7.5.
TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY THE COMPANY OF
YOUR CANCELLATION BY E-MAIL, TELEPHONE, OR U.S. MAIL (AT THE THEN
CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED
AT http://www.madeinporn.com/customer_support AT 1 DAY BEFORE THE EXPIRATION DATE OF YOUR
THEN CURRENT MEMBERSHIP TERM.
1.6.7.6.
All cancellations received by the Company will be effective upon
receipt.
1.7.7.7.
You hereby acknowledge and agree that if You cancel Your monthly
membership, or if Your membership is cancelled 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 Website (e.g., 20 minutes
after You sign up), You will still be charged the full month's
membership fee.
1.8.7.8.
The Company may, at any time and at its sole discretion, cancel any paid
trial membership or monthly membership; provided, however, that if the
Company cancels any paid membership prior to its expiration, the Company
shall provide a pro-rata refund for the unexpired period of the
cancelled month's membership by automatic credit.
1.9.7.9. 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.
Privacy Statement
MIP Marketing Inc. has created this privacy
statement in order to demonstrate our firm commitment to privacy. The
following discloses our information gathering and dissemination
practices for this website.
We use
your IP address to help diagnose problems with our server, and to
administer our website. Your IP address is used to help identify you and
to gather broad demographic information.
Our site's subscription
form requires users to give us contact information (to include names and
E-mail addresses). We use customer contact information from the subscription
form to send the user information about our company and promotional
material from some of our partners. The customer's contact information
is also used to contact the visitor when necessary. Users may opt-out of
receiving future mailings; see the choice/opt-out section below.
This site contains links to other sites. MIP Marketing Inc.
is not responsible for the privacy practices or the content of other
such websites. Selection of an ad banner or link redirects User to a
third party. Transactions that occur between the User and the third
party are strictly between the User and the third party and are not the
responsibility of MIP Marketing Inc. Because MIP Marketing Inc. is
not responsible for the availability of these outside resources or their
privacy policy or content, User should direct any concerns regarding any
external link to its site administrator or Webmaster.
Our site
uses an order form for customers to request information, products, and
services. We collect visitor's contact information (to include E-mail
addresses). Contact information from the order form is used to send
orders, information about our company, and promotional material from
some of our partners to our customers. The customer's contact
information is also used to get in touch with the visitor when
necessary. Users may opt-out of receiving future mailings; see the
choice/opt-out section below.
This site makes chat rooms, forums, message boards,
and/or news groups. Please remember that any information that is
disclosed in these areas becomes public information and you should
exercise caution when deciding to disclose your personal
information.
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