TERMS AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions before you
can become an active member of girlsincredible.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 girlsincredible.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 girlsincredible.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 girlsincredible.COM
available to a Subscriber in good standing. This Agreement is
subject to change by Company at any time, and changes are effective
upon & without notice to the Subscriber by e-mail, posting
at or via hyperlink to girlsincredible.COM, or by mail.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT girlsincredible.COM ARE INTENDED FOR DISTRIBUTION
EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS,
MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT girlsincredible.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 girlsincredible.COM
OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR
IN girlsincredible.COM. YOU HEREBY ACKNOWLEDGE THAT MATERIALS
PRESENTED AT AND/OR DOWNLOADABLE FROM girlsincredible.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 girlsincredible.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
girlsincredible.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 girlsincredible.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 girlsincredible.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 girlsincredible.COM's
and potentially other's intellectual property rights and other
rights in such materials and shall further constitute a violation
of girlsincredible.COM's trademark and other rights, including,
but not limited to, rights of privacy.
I agree to be personally liable and fully indemnify girlsincredible.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 girlsincredible.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 girlsincredible.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.; and you must be 18 years of age or older to receive a
membership to girlsincredible.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 girlsincredible.COM subscription
rates untill you are not informed about that and untill you accept
that changes. All membership cancellations can take place by visiting
our Policy area.
b. Other fees and/or charges for goods and services ordered at,
through and/or from girlsincredible.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 girlsincredible.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 email,the Subscriber will
remain liable for any unauthorized use of girlsincredible.COM.
Payment for the services provided to you at and/or through girlsincredible.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 girlsincredible.COM,
or as unauthorized any charge by girlsincredible.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 girlsincredible.COM
or any fraudulent reporting of an unauthorized charge to girlsincredible.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 girlsincredible.COM remains
outstanding at the time of such fraudulent reporting, you shall
be liable to girlsincredible.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 girlsincredible.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.
You agree to be personally liable for all charges incurred by
you during or through the use of girlsincredible.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 girlsincredible.COM.
Access to and use of girlsincredible.COM is through the use of
a password. Each Subscriber must keep his password strictly confidential.
For security reasons, girlsincredible.COM will not release passwords.
Unauthorized access to girlsincredible.COM is a breach of this
Agreement and a violation of law.
Subject to the terms and conditions set forth herein, girlsincredible.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 girlsincredible.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 girlsincredible.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. Also Company reserve the rights to terminate
any free offers of any kind if needed without a prior notification
of a Client.
Except for public domain material or material otherwise licensed
to Company for electronic dissemination, all Materials displayed
at or otherwise available through girlsincredible.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 girlsincredible.COM,
and all Materials and other matter used directly or indirectly
in, at, by, through and/or with girlsincredible.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 girlsincredible.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 girlsincredible.COM.
Company does not screen or endorse advertisements or communications
submitted to girlsincredible.COM by third-party licensees, advertisers,
or subscribers for electronic dissemination through girlsincredible.COM.
Subscribers are therefore advised to use their own judgment to
evaluate all advertisements and other communications available
at or through the use of girlsincredible.COM prior to purchasing
goods and/or services described at girlsincredible.COM or otherwise
responding to any communication at girlsincredible.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 girlsincredible.COM.
No warranty is made by Company regarding any information, services,
Materials or products provided through or in connection with the
girlsincredible.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.
"girlsincredible.COM" is a service mark of Club Factory,
INCORPORATED. All rights are reserved.
All materials included at girlsincredible.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 girlsincredible.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 girlsincredible.COM. You are solely responsible
for all information which you submit, publish, display, disseminate
or otherwise communicate through girlsincredible.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 girlsincredible.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 girlsincredible.COM
can be read by the operators and/or other agents of Company, whether
or not they are the intended recipient(s).
Notices from girlsincredible.COM to Subscribers may be given
by means of e-mail, by general posting on girlsincredible.COM,
or by conventional mail. Communications from you to the Company
may be made by e-mail, conventional mail.
This Agreement contains the entire agreement between the Subscriber
and Company regarding Subscribers' use of girlsincredible.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. 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 AUTHORIZING THE USE OF
YOUR CREDIT CARD OR OTHER MEANS FOR PAYMENT OF CHARGES AND FEES
FOR YOUR OBTAINING A SUBSCRIPTION TO girlsincredible.COM.
BY JOINING girlsincredible.COM YOU 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 girlsincredible.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, DO NOT JOIN AND PLEASE LEAVE
NOW.
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