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TERMS AND CONDITIONS OF MEMBERSHIP
You must read and agree to these terms and conditions before you can become
an active member of KARMA-XXX.COM. Please read them carefully.
- For good and valuable consideration, the sufficiency of which is
acknowledged by you and KARMA-XXX.COM, you hereby agree to become a
subscriber to KARMA-XXX.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 KARMA-XXX.COM.
Subject to the terms and conditions set
forth in this Agreement, KARMA-XXX.COM agrees to provide to you all the
privileges of subscription to KARMA-XXX.COM available to a Subscriber in good
standing. This Agreement is subject to change by KARMA-XXX.COM at any time, and
changes are effective upon notice to the Subscriber by e-mail, posting at
or via hyperlink to KARMA-XXX.COM, or by mail.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT KARMA-XXX.COM ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO
CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER
COMMUNICATIONS CONTAINED AT KARMA-XXX.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
KARMA-XXX.COM OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR
IN KARMA-XXX.COM. YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR
DOWNLOADABLE FROM KARMA-XXX.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 KARMA-XXX.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 KARMA-XXX.COM only as authorized by
KARMA-XXX.COM. 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 KARMA-XXX.COM does not authorize such access, viewing,
downloading, receipt or other use. I hereby acknowledge and agree that no
materials from any parts of KARMA-XXX.COM are authorized, and no materials
are intended, by KARMA-XXX.COM 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 KARMA-XXX.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
KARMA-XXX.COM's and potentially other's intellectual property rights and
other rights in such materials and shall further constitute a violation of
KARMA-XXX.COM's trademark and other rights, including, but not limited to,
rights of privacy.
- I agree to be personally liable and fully indemnify KARMA-XXX.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 KARMA-XXX.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 KARMA-XXX.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 KARMA-XXX.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
KARMA-XXX.COM subscription rates. All membership cancellations can take place by
visiting http://www.karma-xxx.com/cancel.htm.
b. Other fees and/or charges for goods and services ordered at, through
and/or from KARMA-XXX.COM and its licensees.
- Subscriptions may not be assigned or transferred to any other
person or entity. Subscriber must promptly inform KARMA-XXX.COM of the following:
changes in the expiration date of any credit card used in connection with
KARMA-XXX.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 KARMA-XXX.COM is notified, by conventional mail,
web site form. The Subscriber will remain liable for any unauthorized use of
KARMA-XXX.COM. Upon request, Subscribers will be given access to billing
records that support charges for use of the KARMA-XXX.COM.
- Payment for the services provided to you at and/or through
KARMA-XXX.COM may be made by automatic credit card or check debit and you
hereby authorize KARMA-XXX.COM 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 KARMA-XXX.COM, or as unauthorized
any charge by KARMA-XXX.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 KARMA-XXX.COM or any fraudulent reporting of an unauthorized charge to
KARMA-XXX.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 KARMA-XXX.COM remains outstanding at the time of
such fraudulent reporting, you shall be liable to KARMA-XXX.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 KARMA-XXX.COM may be terminated at any time, and
without cause, by either KARMA-XXX.COM 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 KARMA-XXX.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 KARMA-XXX.COM. Access to
and use of KARMA-XXX.COM is through the use of a password. Each Subscriber
must keep his password strictly confidential. For security reasons,
KARMA-XXX.COM will not release passwords. Unauthorized access to KARMA-XXX.COM
is a breach of this Agreement and a violation of law.
- Subject to the terms and conditions set forth herein, KARMA-XXX.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 KARMA-XXX.COM which KARMA-XXX.COM 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 KARMA-XXX.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 KARMA-XXX.COM. 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
KARMA-XXX.COM for electronic dissemination, all Materials displayed at or
otherwise available through KARMA-XXX.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 KARMA-XXX.COM. All
editions of KARMA-XXX.COM, and all Materials and other matter used directly
or indirectly in, at, by, through and/or with KARMA-XXX.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
KARMA-XXX.COM shall at all times remain in KARMA-XXX.COM, 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
KARMA-XXX.COM, 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 KARMA-XXX.COM 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
KARMA-XXX.COM 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
KARMA-XXX.COM is borne by you. Should the Materials or any other service provided
by KARMA-XXX.COM prove defective and/or cause any damage to your computer or
inconvenience to you, you, and not KARMA-XXX.COM, 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 KARMA-XXX.COM, 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 KARMA-XXX.COM.
- KARMA-XXX.COM does not screen or endorse advertisements or communications
submitted to KARMA-XXX.COM by third-party licensees, advertisers, or
subscribers for electronic dissemination through KARMA-XXX.COM. Subscribers
are therefore advised to use their own judgment to evaluate all
advertisements and other communications available at or through the use of
KARMA-XXX.COM prior to purchasing goods and/or services described at
KARMA-XXX.COM or otherwise responding to any communication at KARMA-XXX.COM.
- Any liability of KARMA-XXX.COM, 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 KARMA-XXX.COM 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.
- KARMA-XXX.COM 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
KARMA-XXX.COM.
- No warranty is made by KARMA-XXX.COM regarding any information, services,
Materials or products provided through or in connection with
KARMA-XXX.COM 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.
- "KARMA-XXX.COM" is a service mark of KARMA-XXX.COM. All rights are reserved.
- All materials included at KARMA-XXX.COM are for the private use by
Subscribers only. No other uses are intended by the KARMA-XXX.COM and any other
use is strictly prohibited.
- If KARMA-XXX.COM 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 KARMA-XXX.COM or other services provided to you by KARMA-XXX.COM.
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 KARMA-XXX.COM to immediately terminate all rights to access
to KARMA-XXX.COM. You are solely responsible for all information which you
submit, publish, display, disseminate or otherwise communicate through
KARMA-XXX.COM even if a claim should arise after termination of service. If
KARMA-XXX.COM 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
KARMA-XXX.COM and agree that all such messages and other communications shall
not be deemed to be private or secure. Regardless of whether KARMA-XXX.COM
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 KARMA-XXX.COM directly or through KARMA-XXX.COM
can be read by the operators and/or other agents of KARMA-XXX.COM, whether or not
they are the intended recipient(s).
- Notices from KARMA-XXX.COM to Subscribers may be given by means of
e-mail, by general posting on KARMA-XXX.COM, or by conventional mail.
Communications from you to KARMA-XXX.COM may be made by e-mail, conventional
mail or telephone. All questions, complaints, or notices to KARMA-XXX.COM may
be sent in the following manner:
a. by means of the
web site form.
- This Agreement contains the entire agreement between the Subscriber
and KARMA-XXX.COM regarding Subscribers' use of KARMA-XXX.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 KARMA-XXX.COM. 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 KARMA-XXX.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 KARMA-XXX.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".
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