TERMS AND CONDITIONS OF
MEMBERSHIP
You must read and agree
to these terms and conditions before you can become an active member of
SEXTITLES.COM. Please read them carefully. By clicking the i agree" button
below, you are purchasing a subscription that will allow you to access
SEXTITLES.COM (the "Service") subject to the terms, conditions and
disclaimers set forth herein, and you ("you" or "Subscriber") agree to be
bound by this agreement (the "Agreement") between you and WEP MEDIA
LIMITED. (the "Company"). This Agreement is subject to change by
the Company at any time, and changes are effective upon posting at the
Service or upon notice to you by e-mail or mail.
SUBSCRIPTIONS:If
you decide to terminate your subscription, you must do so AT LEAST one day
prior to the end of the Trial Period and you will not be charged any
further. If you do not cancel at least one day prior to the end of the
Period, you are agreeing to continue as a regular subscriber upon the
terms and conditions for regular subscriptions set forth herein, and you
authorize the Company to charge your credit card (or other approved
facility) at the then-current monthly rate on a recurring basis until you
request termination of your subscription according to the terms hereof.
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For good and valuable
consideration, the sufficiency of which is acknowledged by you and the
Company, you hereby agree to become a subscriber to SEXTITLES.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 SEXTITLES.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 SEXTITLES.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 SEXTITLES.COM, or by mail.
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ALL MATERIALS,
INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED AT
SEXTITLES.COM
ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN
LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT SEXTITLES.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
SEXTITLES.COM OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED
AT OR IN SEXTITLES.COM. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED
AT AND/OR DOWNLOADABLE FROM SEXTITLES.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.
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I acknowledge and
agree that all materials contained at SEXTITLES.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 SEXTITLES.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 SEXTITLES.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 SEXTITLES.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
SEXTITLES.COM's and potentially other's intellectual property rights and
other rights in such materials and shall further constitute a violation
of SEXTITLES.COM's trademark and other rights, including, but not
limited to, rights of privacy.
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I agree to be
personally liable and fully indemnify SEXTITLES.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 SEXTITLES.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 SEXTITLES.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).
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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 SEXTITLES.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 SEXTITLES.COM subscription rates. Subscription rates are
as follows: Trial Membership: $4.95. Regular monthly membership fees:
$29.95. 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
SEXTITLES.COM and its licensees.
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Subscriptions may not
be assigned or transferred to any other person or entity. Subscriber
must promptly inform Company of the following: changes in the expiration
date of any credit card used in connection with SEXTITLES.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 to SEXTITLES.COM's
Customer Service Department by visiting our Member Services Area, during
normal business hours of a breach in security, the Subscriber will
remain liable for any unauthorized use of SEXTITLES.COM. Upon request,
Subscribers will be given access to billing records that support charges
for use of the SEXTITLES.COM.
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Payment for the
services provided to you at and/or through SEXTITLES.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 SEXTITLES.COM, or as unauthorized any charge
by SEXTITLES.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
SEXTITLES.COM or any fraudulent reporting of an unauthorized charge to
SEXTITLES.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 SEXTITLES.COM remains outstanding
at the time of such fraudulent reporting, you shall be liable to
SEXTITLES.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.
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Subscription to
SEXTITLES.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 SEXTITLES.COM. Your liability for such charges shall continue
after termination of your membership for any reason.
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Subscribers are
responsible for providing all personal computer and communications
equipment necessary to gain access to SEXTITLES.COM. Access to and use
of SEXTITLES.COM is through the use of a password. Each Subscriber must
keep his password strictly confidential. For security reasons,
SEXTITLES.COM will not release passwords. Unauthorized access to
SEXTITLES.COM is a breach of this Agreement and a violation of law.
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Subject to the terms
and conditions set forth herein, SEXTITLES.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
SEXTITLES.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 SEXTITLES.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.
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Except for public
domain material or material otherwise licensed to Company for electronic
dissemination, all Materials displayed at or otherwise available through
SEXTITLES.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
SEXTITLES.COM, and all Materials and other matter used directly or
indirectly in, at, by, through and/or with SEXTITLES.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 SEXTITLES.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.
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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
SEXTITLES.COM.
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Company does not
screen or endorse advertisements or communications submitted to
SEXTITLES.COM by third-party licensees, advertisers, or subscribers for
electronic dissemination through SEXTITLES.COM. Subscribers are
therefore advised to use their own judgment to evaluate all
advertisements and other communications available at or through the use
of SEXTITLES.COM prior to purchasing goods and/or services described at
SEXTITLES.COM or otherwise responding to any communication at
SEXTITLES.COM.
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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.
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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 SEXTITLES.COM.
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No warranty is made by
Company regarding any information, services, Materials or products
provided through or in connection with the SEXTITLES.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.
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"SEXTITLES.COM" is a
service mark of SEXTITLES.COM, INCORPORATED. All rights are reserved.
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All materials included
at SEXTITLES.COM are for the private use by Subscribers only. No other
uses are intended by the Company and any other use is strictly
prohibited.
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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 SEXTITLES.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 SEXTITLES.COM. You are
solely responsible for all information which you submit, publish,
display, disseminate or otherwise communicate through SEXTITLES.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 SEXTITLES.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
SEXTITLES.COM can be read by the operators and/or other agents of
Company, whether or not they are the intended recipient(s).
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Notices from
SEXTITLES.COM to Subscribers may be given by means of e-mail, by general
posting on SEXTITLES.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 SEXTITLES.COM may be
sent in the following manner:
a. by email
to
piriya@adultbusiness.org
or
b. by telephone to
SEXTITLES.COM's Customer Service Department during normal business
hours to Cumtomer Support on Members Area inside.
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This Agreement
contains the entire agreement between the Subscriber and Company
regarding Subscribers' use of SEXTITLES.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 HERE BY 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 SEXTITLES.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 ASIAN EXTACY 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".
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