| TERMS
AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions before you
can become an active member of HandjobPorno.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 HandjobPorno.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 HandjobPorno.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 HandjobPorno.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
HandjobPorno.com, or by mail.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT HandjobPorno.com ARE INTENDED FOR DISTRIBUTION
EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS,
MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT HandjobPorno.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 HandjobPorno.com OR
PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN
HandjobPorno.com. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT
AND/OR DOWNLOADABLE FROM HandjobPorno.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
HandjobPorno.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 HandjobPorno.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 HandjobPorno.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 HandjobPorno.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 HandjobPorno.com's and potentially other's intellectual property
rights and other rights in such materials and shall further
constitute a violation of HandjobPorno.com's trademark and other
rights, including, but not limited to, rights of privacy.
- I agree to be personally liable and fully indemnify HandjobPorno.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 HandjobPorno.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 HandjobPorno.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 HandjobPorno.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 HandjobPorno.com subscription rates.
$2.95 3-day trial and/or $29.83 for 30 days then $29.83 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 HandjobPorno.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: changes in the expiration date of any credit card used
in connection with HandjobPorno.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 HandjobPorno.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 HandjobPorno.com. Upon request, Subscribers will
be given access to billing records that support charges for use of
the HandjobPorno.com.
- Payment for the services provided to you at and/or through
HandjobPorno.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
HandjobPorno.com, or as unauthorized any charge by HandjobPorno.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 HandjobPorno.com or any fraudulent reporting of an unauthorized
charge to HandjobPorno.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
HandjobPorno.com remains outstanding at the time of such fraudulent
reporting, you shall be liable to HandjobPorno.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 HandjobPorno.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 HandjobPorno.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
HandjobPorno.com. Access to and use of HandjobPorno.com is through the use
of a password. Each Subscriber must keep his password strictly
confidential. For security reasons, HandjobPorno.com will not release
passwords. Unauthorized access to HandjobPorno.com is a breach of this
Agreement and a violation of law.
- Subject to the terms and conditions set forth herein,
HandjobPorno.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 HandjobPorno.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
HandjobPorno.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 HandjobPorno.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
HandjobPorno.com, and all Materials and other matter used directly or
indirectly in, at, by, through and/or with HandjobPorno.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 HandjobPorno.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 HandjobPorno.com.
- Company does not screen or endorse advertisements or
communications submitted to HandjobPorno.com by third-party licensees,
advertisers, or subscribers for electronic dissemination through
HandjobPorno.com. Subscribers are therefore advised to use their own
judgment to evaluate all advertisements and other communications
available at or through the use of HandjobPorno.com prior to
purchasing goods and/or services described at HandjobPorno.com or
otherwise responding to any communication at HandjobPorno.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 HandjobPorno.com.
- No warranty is made by Company regarding any information,
services, Materials or products provided through or in connection
with the HandjobPorno.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.
- "HandjobPorno.com" is a service mark of HandjobPorno.com,
INCORPORATED. All rights are reserved.
- All materials included at HandjobPorno.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
HandjobPorno.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 HandjobPorno.com. You are solely
responsible for all information which you submit, publish,
display, disseminate or otherwise communicate through HandjobPorno.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 HandjobPorno.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 HandjobPorno.com can be read
by the operators and/or other agents of Company, whether or not
they are the intended recipient(s).
- Notices from HandjobPorno.com to Subscribers may be given by means
of e-mail, by general posting on HandjobPorno.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 HandjobPorno.com may be sent in the following manner:
a. by means of the web
site form; or
b. by telephone to HandjobPorno.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 HandjobPorno.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
HandjobPorno.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 HandjobPorno.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
Conspy & Co. 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), financial
information (to include account or credit card numbers). 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. Conspy & Co. 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 Conspy & Co. Inc. Because Conspy & Co. 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), and financial information (to include
account or credit card numbers). 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.
Financial information that is collected is used to check the users'
qualifications and to bill the user for products and services
ordered.
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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