USER AGREEMENT. THIS AGREEMENT CONSTITUTES YOUR AGREEMENT WITH CHARGED MEDIA, LLC ("COMPANY"). WITH RESPECT TO YOUR USE OF THE WEBSITE. YOU MUST AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT IN ORDER TO BECOME OR REMAIN AN AUTHORIZED USER OF THE WEBSITE.
From time to time, we may modify or otherwise amend this Agreement. Notification of any such changes will be posted on the Website or sent via electronic mail at our sole discretion. If you do not agree to any modifications, you must terminate your use of the Website. Your continued use of the Website now, or following the posting of any modifications to this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.
All persons accessing and/or subscribing to this site must be 18 years of age or older (or 21 in any jurisdiction where that is the age of majority) and in a jurisdiction that allows for the viewing of sexually explicit material.
A. Guarantee by You, the Member, to ChargedMedia, LLC, the Company.
By accessing and continuing to use the Website, you guarantee, represent and warrant to the Company that:
1. You desire to view/receive sexually explicit material and that you do not consider nude adults engaged in, or near, sexually explicit behavior with themselves, others or other materials to be obscene nor offensive.
2. You will not allow minors to view the material downloaded from the website and the materials you receive are for your own personal use and no other.
3. You are solely responsible for any false disclosures or legal ramifications of viewing, reading or downloading any material appearing on the Website. Furthermore, neither the Website nor its affiliates will be held responsible for any legal ramifications arising from fraudulent entry into or use of the Website.
4. You agree that by viewing and using the Website, you are subjecting such use and yourself to the personal jurisdiction of the State of Nevada and to the township of Las Vegas should any dispute arise at any time between the Website and yourself. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim. In addition, should a dispute arise over these terms and conditions, the prevailing party shall be entitled to reasonable attorneyís fees and costs and court costs through appeal.
5. Viewing, downloading or receiving sexually explicit materials does not violate the standards or laws of your applicable jurisdiction.
6. You agree to indemnify and hold Company, and its affiliates, officers, directors, agents, co-branders or other partners and employees, harmless from any claim or demand, including reasonable attorneysí fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Website, your use of the Website, your connection to the Website, your violation of the TAC, or your violation of any rights of another.
B. Legal Definitions
a. "Member" or "Membership," as referred to in this document shall mean: The subscriber or user of a valid username and password for the site during the term of membership.
b. "Site", as referred to in this document shall mean: The website for which you are purchasing a username and password from ChargedMedia, LLC in order to access the site and its materials and obtain the benefits of membership.
c. "Subscriber", as referred to in this document shall mean: The End-user / Consumer, of the websites of the site and holder of a valid username and password for the site. "Access rights," as referred to in this document shall mean: The combination of unique username and password that is used to access a site. An access rights is a license to use a site for a period of time that is specified.
d. "Bookmarking", as referred to in this document shall mean: The act of placing a URL into a temporary file on the subscriberís browser so that the subscriber may return to that page at a future date directly, without passing through any pages that may have proceeded.
C. Use, Access, and Cancellation of Membership.
1. User name and passwords must not be given to others and memberships are not assignable. Violations will result in immediate suspension of membership and use of the Website. If you know of violations, please inform us immediately. We reserve the right to not release passwords. Do not lose your password. Company reserves the right to cancel this Agreement and your membership/password if the Company believes that you have violated our terms and conditions.
2. If at any time you wish to cancel your membership, you may do so by contacting CCBill customer support through their webpage at https://support.ccbill.com/ or Segpay customer support on their webpage at https://cs.segpay.com/. Recurring memberships will automatically renew unless notice is received at least one day prior to the renewal date of the trial or monthly billing periods. All renewal disputes must be resolved directly with CCBill.
3. Members must provide and use their own equipment to gain access to the Internet and by accessing this site Members represent that they have not accessed this site in any other fashion than by personal equipment.
4. We are not liable for improper or unauthorized use. We are not liable for Internet outages or interruptions.
D. Site Content
1. All pages within the Website are the property of Company and/or its affiliates or assigns. No portion of the materials on these pages may be reused, redistributed or republished in any form without the express written permission of the Company.
2. The videos and images in the Website are intended to be used by responsible adults to provide sexual education and sexual entertainment.
3. The Website may be providing material or images intended for an age restricted audience. Access to the Website is intended solely for people who are of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY), who wish to access visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature. Materials available within this site may include depictions that are visually graphic in nature and portrayals of nudity or sexual acts and should not be accessed by anyone who is not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY), by anyone who finds such material offensive in nature, or by anyone who simply does not wish to be exposed to such materials. By purchasing a membership or access rights, you are implicitly making the following statements: "I affirm and swear that as of this moment, under penalty of Perjury, I am of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY). I will not permit any persons who are not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in AL, MS, NE, and WY) to view or access in any way any materials found on the Website. I understand that by accessing the Website, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity, and sexual acts. I affirm that I am not offended by such materials, and that such materials are legal in my community. I am volunteering to view, hear, and access such materials on my own volition, and I choose to do so because I want to view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters, which is healthy and normal, and is also held by most adults in my area. I am completely familiar with the standards held in my community, and the material I expect to access in this site falls within these standards. In my experience, 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. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive."
E. Entire Agreement; Modification; Assignment
1. This Agreement constitutes the entire agreement between You, the subscriber/viewer, and the Company, with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.
2. In case any of the provisions contained in this Agreement shall, for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisionís had never been included. The invalidity or unenforceability of any provision(s) of this Agreement shall not affect the validity or enforceability of any other provision.
F. Acceptances and Execution of this Agreement
1. By CLICKING on the "ENTER", "I AGREE", or "JOIN" BUTTON or other similar affirmative action required to move forward past the Join Page (also referred to the Sign-Up Page), and/or by supplying the Company with all the required information to sign-up, you are acknowledging that you agree to all of the terms, conditions, policies, promises, warranties, duties and obligations set forth in this Agreement herein.
H. Disputes Arising over Membership
1. The Company reserves the right to terminate a Membership at any time. Any disputes arising in connection with the Website, or the products and/or services being offered or purchased, are between you and the owner of the Website, and should be directed to the following contact information:
I. Purchasing Your Membership
1. To complete your purchase you will be transferred to the secured server of CCBill billing websites, and billed under ChargedMedia, LLC and/or CCBill ("Service Provider") who are providing discrete credit card and check processing services and other billing services for the Website.
2. Description of Membership
ChargedMedia, LLC will provide one access right to access the site and its contents for which you are purchasing membership.
a. ChargedMedia, LLC will appear on your credit card, bank statement, or phone bill for all charges made. If multiple venues are joined utilizing any payment method, your statement will list each individual purchase comprising the transaction.
b. ChargedMedia, LLC may include other information on your statement based on credit card association, telephone regulation, NACHA and any other mandated rules and regulations. If you elect to use your checking account to purchase a subscription to the Website, an ACH debit will be drawn on their account. Your agreement with these Terms & Conditions is your approval for ChargedMedia, LLC to issue an ACH debit to your account.
4. Payment / Fee
Refund requests are handled on a case by case basis.
5. Automatic Recurring Billing (If Selected By You On The Sign Up Page)
If chosen by you, subscription fees may be automatically renewed at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber seven (7) days before renewal. All special introductory offer Members shall be exempt from the 7 day notification requirement, but subscriber must notify ChargedMedia, LLC directly 24 hours prior to the end of the trial/special offer period in order to cancel automatic renewal. All trial/special offer memberships shall renew at the stated membership rate. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes ChargedMedia, LLC to charge Subscriberís chosen payment method to pay for the ongoing cost of membership. Subscriber hereby further authorizes ChargedMedia, LLC to charge Subscriberís chosen payment method for any and all additional purchases from the Website.
6. Electronic Receipt
Subscribers will receive an email receipt to the email address provided upon initial subscription. Subscriber may, at any time, request a copy of the account of charges made for the life of their membership to the site. Requests must be made directly to ChargedMedia, LLC . To contact ChargedMedia, LLC , refer to the Questions and Contact Information at the end of this document.
a. At any time, and without cause, subscription to the Website may be terminated by either ChargedMedia, LLC or the Subscriber upon notification to the other by electronic or conventional mail, or by telephone or fax. Subscribers are liable for charges incurred by them until termination of subscription.
b. If you request cancellation or request a refund from ChargedMedia, LLC , your bank, card issuer, or phone company due to unauthorized or fraudulent use, ChargedMedia, LLC may at its discretion, to prevent further unauthorized use, block your information from use at all ChargedMedia, LLC websites. This may not, however, prevent unauthorized use and is not a substitution for your contacting your appropriate channels to prevent further misuse.
c. If you are taking advantage of a "Free" trial period through a credit card, please be aware of the following: ChargedMedia, LLC will request and your bank will immediately put a "Reserved Funds" hold on your credit card for the amount of the subscription plan you have selected. If the free trial is cancelled within the timeframe allowed by the website, it typically takes the banking system 7 to 10 days to remove the credit card hold from these funds. Please understand that ChargedMedia, LLC has no way to remove this hold. During the trial period and for a minimum of 7 to 10 days after you cancel, these funds are considered out of your bank even though technically they are still there, and you could overdraw or exceed the limits of your account. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
Should a refund be issued by ChargedMedia, LLC , all refunds will be credited solely to the payment method used in the original transaction. ChargedMedia, LLC will not issue refunds by cash, check, or to another credit card or payment mechanism.
Subscriber agrees that at any time they will not bookmark any page to the site that will allow the subscriber to bypass the terms and conditions of the site upon entering. If such a bookmark exists, said bookmark will constitute full agreement to said terms and conditions as well as to admission that subscriber is of legal age of majority in their jurisdiction.
10. Authorization of Use
a. Subscribers to the site are hereby authorized a single access rights to access the website or material located at the Website. This access rights shall be granted for sole use to one subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any commercial entities. Commercial use of either the Website or any material found within is strictly prohibited unless previously authorized by the Company. No material within the site may be transferred to any other person or entity, whether commercial or non-commercial. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from.
b. ChargedMedia, LLC and the site reserve the right to terminate a Subscriberís access rights at any time if the terms of this Agreement are breached. In the case that the terms are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.
11. Transfer of Access Rights
Access to the site is through a combination of a username and a password. Subscribers may not under any circumstances release their access rights to any other person, and are required to keep their access rights strictly confidential. ChargedMedia, LLC 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. Subscribers acknowledge that the owner of the site may track, through the use of special software, each Subscriberís entry to the site. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, Subscriber must immediately notify ChargedMedia, LLC or the site of said security breach. Subscriber will remain liable for unauthorized use of the Website until ChargedMedia, LLC is notified of the security breach by e-mail or telephone.
a. Notices by the Website to Subscribers may be given by means of electronic messages through the Website, by a general posting on the Website, or by conventional mail.
b. Notices by Subscribers may be given by electronic messages, conventional mail, telephone or fax unless otherwise specified in the Agreement. All questions, complaints, or notices regarding the site must be directed to ChargedMedia, LLC . All cancellations of membership must also be directed to ChargedMedia, LLC .
13. Privacy Statement
b. When you use the ChargedMedia, LLC payments we ask that you give us your first and last name, address (Country ñ if applicable), phone number, e-mail address and financial information such as your bank account number and /or credit card number, whichever is selected by you as the preferred kind of payment. This information facilitates us to provide you with access to the Website. Furthermore ChargedMedia, LLC has to share the information provided by you with your bank/credit card company. In short ChargedMedia, LLC uses your personally identifiable information solely for the purpose of rendering the ChargedMedia, LLC websites. ChargedMedia, LLC shall not process these data any further and/or keep this data in any database longer than strictly necessary for these purposes.
3. Cookies are used to enhance website performance, read our Use of Cookie page to learn more.
a. It is ChargedMedia, LLC's goal to provide its customers with a safe and secure shopping experience.
b. ChargedMedia, LLC is secure server encrypts all your personal information (including name and address) so that it cannot be read as the information travels over the internet. When you enter this information it is captured on a page that uses the Secure Socked Layer (SSL) protocol by default. ChargedMedia, LLC makes use of a 128 bits Thawte certificate for the payments pages and we use 3Des encryption for the credit card authorization.
ChargedMedia, LLC is not liable for personal data stored in any database at our banking partners or any third parties which ChargedMedia, LLC uses to process the payments.