Adult
Entertainment Standard Terms and Conditions of Membership
You must read and agree to these terms and conditions before you can join. Please read
them carefully. By purchasing a Membership to the Site, you become a Subscriber and agree
to be bound by these Terms and Conditions (the "Agreement"). Trial Memberships
will renew automatically to a one-month membership at the end of the Trial Period and will
be billed at the rate of $34.95/month, or the then applicable rate, unless cancelled in
accordance with these Terms and Conditions. This agreement is subject to change by More Power Internet (MPI) at any time, and changes are effective
without notice upon each Subscriber.
AGREEMENT TO VIEW ADULT MATERIAL - THE SITE IS DESIGNED AND INTENDED SOLELY FOR CONSENTING ADULTS
- PEOPLE WHO ARE AT LEAST 18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE
18 IS NOT THE AGE OF MAJORITY)-- WHO ARE INTERESTED IN AND WISH TO HAVE ACCESS TO VISUAL
IMAGES, VERBAL DESCRIPTIONS AND AUDIO SOUNDS OF A SEXUALLY ORIENTED, FRANKLY EROTIC
NATURE. THE MATERIALS WHICH ARE AVAILABLE WITHIN THIS SITE MAY INCLUDE GRAPHIC VISUAL
DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED BY
ANYONE WHO IS YOUNGER THAN 18 YEARS OLD (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION
WHERE 18 IS NOT THE AGE OF MAJORITY) OR WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT
WISH TO BE EXPOSED TO SUCH MATERIALS. BY PURCHASING A MEMBERSHIP YOU ARE MAKING THE
FOLLOWING STATEMENTS:
- "UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS MOMENT, I AM AN ADULT, AT
LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE
AGE OF MAJORITY)."
- "I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS OF AGE (21 IN AL,
MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY) TO HAVE ACCESS TO
ANY OF THE MATERIALS CONTAINED WITHIN THIS SITE."
- "I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE, I WILL BE EXPOSED TO VISUAL
IMAGES, VERBAL DESCRIPTIONS AND AUDIO SOUNDS OF A SEXUALLY ORIENTED, FRANKLY EROTIC
NATURE, WHICH MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF NUDITY AND SEXUAL
ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW, READ AND/OR HEAR THE
VARIOUS MATERIALS WHICH ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT, INFORMATION AND/OR
EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL MATTERS WHICH, I BELIEVE,
IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS GENERALLY SHARED BY AVERAGE
ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY COMMUNITY REGARDING THE
ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS I EXPECT TO ENCOUNTER
ARE WITHIN THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY COMMUNITY ACCEPTS THE
CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES SUCH AS THIS WHICH OFFER
REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING ADULTS, AND WILL NOT
FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE PATENTLY OFFENSIVE."
- "I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY GOVERNMENTAL AGENCY,
INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE SEXUALLY ORIENTED
MATERIAL."
RESTRICTED LOCATIONS - THE SITE MAY NOT BE
ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH
DOING SO WOULD, OR COULD BE DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE,
EDICT OR CUSTOM.
DEFINITIONS - The term
"Site", as referred to in these terms and conditions shall mean - The site for
which you are purchasing a username and password (login) from MPI in order gain access to that site and enjoy its contents and benefits of
membership. The "Site" shall include the owner thereof. The term
"Member" or "Membership", as referred to in the terms and conditions
shall mean -The holder (Subscriber) of a valid username and password (login) for the Site
during the term of membership. Membership is non-transferable and non-assignable. The term
"Subscriber", as referred to in the terms and conditions shall mean - The
End-user, Consumer, of the services of the Site and holder of a valid username and
password (login) for the Site. By becoming a Subscriber, you hereby authorize the
imposition of charges to your credit card or other approved facility for all membership
fees as well as for any further goods and/or services at, through and/or from or
pertaining to the site. The term "Login", as referred to in the terms and
conditions shall mean - The combination of unique username and password that is sold by
MPI and used to access the Site. A Login is a non-exclusive, non-transferable license for
that individual member, and no other, to use the Site for a period of time. The term
"Bookmarking", as referred to in the terms and conditions shall mean - The act
of placing a webpage (URL) into a temporary file on the Subscribers browser so that the
subscriber may return to that page at a future date directly, without passing through any
pages that may have been precedent.
SUBSCRIPTION
FEES - The subscriber is responsible for paying
periodic subscription fees according to the then-current terms of the Site. Subscription
fees are non-refundable once your username and password have been used to access a Site.
AUTOMATIC RENEWAL -
Subscription fees are automatically renewed, and therefore automatically credit card or
check debited, at the end of the original term selected, for a like period of time, unless
proper notice is received from the Subscriber at least two (2) days prior to renewal. Trial Memberships are automatically renewed to a
one-month membership at the then-applicable monthly rate, subject to the terms of the
Trial Offer below. The maximum Term of this Agreement is 120 months. Unless and until this
agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes
MPI to charge subscriber's credit card (or other approved facility) to pay for the ongoing
cost of membership.
NON-ASSIGNABILITY/THEFT
OF LOGIN - Your Membership, username and password (login), may not be assigned or
transferred to any other person or entity. Subscriber must promptly inform MPI or the Site of any apparent breach of security, such as loss,
theft, or unauthorized disclosure or use of a username or password. Until MPI or the Site
is notified, by e-mail, or by telephone, of any breach in security, the Subscriber will
remain personally liable for any unauthorized use of the Service. Subscriber is and shall
be personally liable for, and shall defend, indemnify and hold harmless MPI, the Site and
the Site owner from any and all damages (including loss of profits, loss of property,
fines and penalties), losses and costs (including attorneys' fees) resulting from any
attempted or actual unauthorized downloading or other duplication whether solely by
Subscriber or with or under the authority of any other including governmental agency.
TERMINATION/CANCELLATION
- Subscription to the Service may be terminated at any time, and without cause, by either MPI, the Site or the Subscriber upon notification of the other by
electronic or conventional mail, or by telephone, fax or filling out this cancellation request form. When
termination is requested by a member, subscription fees are NOT refunded. Subscribers are
liable for charges incurred by them until termination of service.
TRIAL MEMBERSHIPS - Trial memberships must be cancelled at least 2 days prior to
the trial period expiring. For example, if you joined on July 1st a 5 day trial
would expire in July 5th, this would mean that you must submit a cancel request at or
before 3 July to ensure your cancellation is processed. If your trial membership is
not cancelled before the trial period expires your membership will be converted to a
monthly membership at the then-applicable monthly
rate.
REFUNDS - In the event that a refund is
issued, ALL refunds will be made by crediting the credit card that was used to make the
original purchase. NO refunds will be made by cash or check.
LICENSE - Memberships to the
Site are provided for personal, non-commercial use by customers of the Site. As customers,
visitors to the Site hereby granted a single copy license to download (on a single
computer only) or print copies of any of the information found on the Site for personal,
non-commercial use only. Commercial use of the site, or any material located on it, is
strictly prohibited. In addition, you may not modify any of the materials found on the
Site; use them for any public display, performance, sale or rental; remove, modify or
alter any copyright or other proprietary notice, or trademarks therefrom; or transfer any
material located on the Site to any other person. MPI
and the Site reserve the right to terminate this license at any time if you breach the
terms of this agreement, in which case you will be obligated to immediately destroy any
information downloaded, printed or otherwise copied from the Site. Access to and use of
the Site is through a combination of a username and a password (login). Each Subscriber
must keep his or her login strictly confidential. For security reasons, MPI will not
release passwords for any reason, to anyone other than the Subscriber, except as may be
specifically required by law or court order. Unauthorized access to the Site is a breach
of this Agreement and a violation of law.
BOOKMARKING - Bookmarking to a page on the Site whereby the Warning page(s)
and/or terms and conditions are by-passed shall constitute an implicit acceptance of the
terms and conditions herein and an explicit acknowledgement of age of majority.
DISCLAIMERS - THE MATERIALS ON
THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY
KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR
FITNESS FOR A PARTICULAR PURPOSE. MPI OFFERS NO
ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. MPI DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE
SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO
THE EXTENT SUBSCRIBER IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE
DISCLAIMER MAY NOT APPLY AND SUBSCRIBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO
STATE OR JURISDICTION. MPI, THE SITE AND THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY
OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE
DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO SUBSCRIBER
OR ANYONE CLAIMING THROUGH SUBSCRIBER, SUBSCRIBER ASSUMES THE ENTIRE COST AND
RESPONSIBILITY FOR SAME. IN THE EVENT MPI, THE SITE OR THE SITE OWNER ARE FOUND LIABLE FOR
ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERUPTION, DEFECT, DELAY OR OTHERWISE AND
REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR
CAUSE OF ACTION, THE MAXIMUM LIABILITY OF MPI, THE SITE AND THE SITE OWNER SHALL BE FOR NO
MORE THAN THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY OR ON BEHALF OF THE SUBSCRIBER FOR
THE PRECEEDING MONTH. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL
MPI, THE SITE OR THE SITE OWNER, OR ANY OF THEIR SUPLIERS, LICENSES OR OTHER SUBSCRIBERS
BE LIABLE, TO SUBSCRIBER OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER
EQUIPMENT FAILURE OR MALFUNCTION.
Subscribers are responsible for providing all personal computer and communications
equipment necessary to gain access to the Site. All materials on the Site are proprietary,
constitute valuable intellectual property, are copyrighted and are protected under treaty
provisions and worldwide copyright laws. The Site's materials may not be reproduced,
copied, edited, published, transmitted or uploaded in any way without written permission.
Except as expressly stated in the limited license provision of these terms and conditions,
purchase of a Membership does not grant any express or implied right to you under any of
its trademarks, copyrights or other proprietary information. Except for third party
advertisements or communications, for which neither MPI, nor the site nor the site owner,
screen nor endorse, the Site's contents are controlled and operated by the Site owner. No
representation is made that the materials available on the Site are appropriate or
available for use in other locations, and access to them from jurisdictions where their
contents are illegal is prohibited. These terms and conditions are to be governed and
construed by Maryland law. The application of the United Nations Convention of Contracts
for the International Sale of Goods is expressly excluded. If the Site enables Subscribers
to share information with other Subscribers, Subscribers agree not to submit, publish, or
display on the Service any defamatory, inaccurate, abusive, threatening, racially
offensive, or illegal material. Transmission of such material that violates any federal,
state, or local law, is prohibited and is a breach of this Agreement. Subscribers agree
not to engage in advertising to, or solicitation of other Subscribers to buy or sell any
products or services through the Site without prior written consent. Subscribers are
responsible for information they send, or display through the Site even if a claim should
arise after termination of service. All messages shall be deemed to be readily accessible
to the general public. Do not use the Site for any communication for which the sender
intends only the sender and the intended recipient(s) to read. Notice is hereby given that
all messages entered into this Site can and may be read by the operators of the Site,
whether or not they are the intended recipient(s).
The subscriber hereby warrants and represents that he or she is over the age of 18 (21 in
AL, MS, NE, WY, and any other location where 18 is not the age of majority), and in all
respects is qualified and competent to enter into this agreement.
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