Adult Entertainment Standard Terms and Conditions of Membership
LEGAL NOTICE: PLEASE READ ALL THE PROVISIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS WILL CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE. By joining, you become a Subscriber and are entering into a binding and enforceable contract
with , doing business as, punishtube-members.com ("Company"; "We"; "Site") and you ("Member"; "Subscriber" ; "You"; "Your") agree that you are submitting to the Jurisdiction of and that you will 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 $39.95/month
unless cancelled in accordance with these Terms and Conditions. This agreement is subject to change at any time, and changes may be effective without notice upon each Subscriber.
AGREEMENT TO VIEW ADULT
- 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
- "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."
PROHIBITED AREAS - All of the following areas constitute PROHIBITED AREAS from which no part of the Site may be accessed, viewed, downloaded or otherwise received:
All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits: SEE LIST OF RESTRICTED ZIP CODES;
All parts of the following countries: Afghanistan, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates; and
All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the Site would constitute a violation of any law, regulation rule or custom.
- 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)in order gain access to that site and enjoy its contents
and benefits of membership. The "Site" shall include the owner
thereof all agents acting on its behalf. The term "Member" or "Membership", asreffered
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 reffered 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 reffered to in the terms
and conditions shall mean - The combination of unique username and password
that is sold by, 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 reffered 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.
- The Subscriber is responsible for paying periodic subscription fees
according to the then-current terms of the Site.
Unless and until this agreement is cancelled in accordance with the
terms hereof, Subscriber hereby authorizes the Site or its billing agent,
to charge subscriber's credit card (or other approved facility) to pay
for the ongoing cost of membership.
- 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 seven (7) 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.
- Your Monthly Membership Charge is Fixed - $39.95.
- Membership Will renew at $39.95 on the Same Date Every Month Until Cancelled.
- You May Contact Us by E-Mail: firstname.lastname@example.org.
- You Will Be Notified via E-Mail Regarding All Recurring Membership Charges.
OF LOGIN - Your Membership, username
and password (login), may not be assigned or transferred to any other
person or entity. Subscriber must promptly inform the Site of
any apparent breach of security, such as loss, theft, or unauthorized
disclosure or use of a username or password. Until 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 the Site and any agency acting on its behalf
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.
- Subscription to the Service may be terminated at any time, and without
cause, by either the Site or the Subscriber upon notification of
the other by electronic or conventional mail, or by telephone.
Subscribers are liable for charges incurred by
them until termination of service.
- All trial offer members are exempt from the 7 day notification requirement
as to such Trial Period. As such, a Subscriber who is within the trial
offer term shall not be charged the full monthly membership rate during
this interval. This interval may be reffered to as the "Trial Period".
All 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 39.95/month
or the then-applicable rate, unless proper notice of cancellation has
been received by Site no later than 12:01 a.m. of the day following the
last full day of the Trial Period.
For example, if access pursuant to a 3-day trial offer was granted on
the 1st day of a month, the member will not be charged for a one month
subscription at inception. The member must ensure receipt of e-mail,
or other appropriate notification, by the Site no later than 12:01 a.m. on
the 4th day of that month should the member elect to cancel the membership.
Absent such timely notification, the trial offer membership shall renew
to a one-month membership at the then-applicable monthly rate. Members
who do not so terminate within the Trial Period will be billed at the
rate of $39.95/month or the then applicable rate, for one month's service
beginning on the day following the last full day of the Trial Period.
The second month's subscription shall therefore be effective and be
chargeable at the conclusion of the first full month of service following
the Trial Period, unless otherwise cancelled in accordance with these
terms and conditions.
CREDIT AND GIFT CARDS - Credit card users may be subject to a preauthorization. The preauthorization is not a charge to the credit card. However, the then applicable monthly subscription rate may be reserved against the Member's available credit card limit. The Site will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent Subscriber accounts. Contact your credit card issuing financial institution for details.
Prepaid Gift and Debit Cards which cannot be preauthorized for the full applicable monthly rate may be charged incrementally. This means that multiple charges for less than the full applicable monthly rate may occur within the same monthly billing cycle. In no event will the aggregate of these incremental charges exceed the full applicable monthly rate.
- 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.
Refunds will not be made by cash or check
GRANT OF LIMITED LICENSE WITH RESERVATIONS
- 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. The Site reserves 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, the Site 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
You acknowledge and agree that all materials contained at the Site are proprietary and constitute valuable intellectual property owned by the Site or its administrator ("Company") or others who have licensed use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Site only as authorized by the Company.
You acknowledge that you understand that the Company does not authorize access to any part of the Site in any manner contrary to the express provisions of this Agreement.
You further represent and warrant to the Company that your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access any materials available at the Site in a manner not expressly authorized by the Company. You agree and warrant that You 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.
You hereby acknowledge that you understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Site to or by and person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS above.
You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Site, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in PROHIBITED AREAS in an manner shall constitute intentional infringement(s) of the Company's and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of trademark and other rights including, but not limited to rights of privacy.
- 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 acknowledgment of
age of majority.
- 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. THE SITE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE.
THE SITE 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. 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 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 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 THE SITE OR THE SITE OWNER, OR ANY OF THEIR
SUPLIERS, LICENSEES, AGENTS 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 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
Any and all disputes arising out of or related to these these terms and conditions, or your use of or access to the Site shall be submitted to binding arbitration in the jurisdiction reffered to in the introductory paragraph. The parties to the arbitration will evenly divide any and all costs of thye arbitration. Neither party shall be entitled to attorney fees. 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).
LINKS TO THIRD PARTY
SITES - This Site may contain links
to other sites which are controlled by third parties. Those linked sites
are not under the control of the Site owner or operator and this Site
is not responsible for the contents of any linked site or any link contained
in a link site. The Site is providing those links to you only as a convenience,
and the inclusion of any link does not imply endorsement by the Site
of any other linked site.
CUSTODIAN OF RECORDS - All persons who
appear in any visual depiction contained on the Site were eighteen years
of age or older at the time of the creation of such depictions. The
records required by Section 2257 of Title 18 of the United States Code
and C.F.R. 75 with respect to visual depictions of actual sexually explicit
conduct are kept by the corresponding custodians of records,
except with regard to visual depictions of actual sexually explicit
conduct made before July 3, 1995, which are exempt from the requirements
set forth in 18 U.S.C. § 2257 and 28 C.F.R. 75. For inquiries about
specific material contained herein and the corresponding custodian of
records info pertaining to those items, please see
18 USC Section 2257 Compliance Statement.
- The Site reserves the right, in its discretion, to change or modify all
or any part of these Terms and Conditions at any time for any reason
or no reason. Changes to the cancellation or refund terms and rate increases will be effective
fifteen (15) days notice to existing subscribers. Any other changes will be effective immediately
once they are posted on the Site. Your continued use of the Site constitutes
your binding acceptance of these Terms and Conditions, including any
changes made by the Site, as permitted above. If you desire not to be bound
by any modification of these Terms and Conditions, you should stop using
the website. The updated, online version of these Terms and Conditions
shall supersede any prior version.
For information on the privacy policies of this site please visit the
AUTHORIZATIONS AND PERMISSION TO SEND EMAILS TO YOU
- You hereby authorize and permit notices, advertisements, E-mail and other communications to be sent to You from Company or its authorized agents, assigns, representatives, advertisers and contractors by means of e-mail, including without limitation e-mails, advertisements, notices and other communications containing adult oriented material, sexual content and language and images of nudity not suitable for minors. Moreover, You agree that Your authorization and permission to Company to send You such materials and communications shall continue to be in effect unless and until You notify Company that You wish to be deleted from Company's email list.
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.