| This Website is an online subscription service ("Service") owned and operated by HMSPMedia Limited, Gibraltar. ("HMSPMedia"). Please carefully read and understand these Terms and Conditions prior to becoming a subscriber to the Service, as they constitute a binding legal agreement (the "Agreement") by and between HMSPMedia and persons who elect to become subscribers to the Service (the "Subscribers").
1. As a Subscriber to the Service, you agree to be bound by each and every provision contained in this Agreement (the "Agreement"). This Agreement may be modified or amended by HMSPMedia at any time, and changes are effective upon notice to each Subscriber. Notices by HMSPMedia to Subscribers may be given via electronic mail through the Service. 2. Subscribers will be charged a subscription fee for the Service, in accordance with HMSPMedia's then-current billing terms, (subscription charges range from $2.95 to $99.95 depending on your selected subscription term). 3. Until such time as this Agreement is terminated in accordance with its provisions, Subscriber agrees to pay his/her/its subscription fee by credit card (or other approved facility or mechanism), and hereby authorizes HMSPMedia to charge Subscriber's credit card (or other approved facility or mechanism) for the ongoing subscription fee, and for any and all purchases or products and/or services purchased by Subscriber from the Service. 4. Subscriber agrees to immediately inform HMSPMedia of any of the following changes in his/her/its credit card account: Card loss or theft, or unauthorized usage of the card; apparent breach of security of Subscriber ID or password, such that unauthorized access to the Service via the card is possible. Unless Subscriber gives proper notice to HMSPMedia of same, Subscriber will remain liable to HMSPMedia for any and all charges for unauthorized use of the Service. 5. Subscription to the Service will be automatically renewed for the original term upon expiration of such term, unless the billing company that processed the transaction is notified 48 hours prior to membership expiration. * Cancellation for trial and full membership may be accomplished by cancelling the membership via the normal cancellation method at the applicable billing companies online cancellation page. These services are available 24 hours a day, seven days a week and can be found by visiting: www.membersitesupport.com. Upon cancellation of your account, you will receive a Cancellation Confirmation via electronic mail for your records. 6. Trial Subscribers acknowledge that Trial subscriptions may not necessarily entitle full, unrestricted access to the website. Special Features, and Member's Events will be restricted to full members only. Trial Subscribers must instantly upgrade to a Full Monthly Membership or wait until the account re-bills to a Full Monthly Membership before these special features become available. 7. HMSPMedia has no responsibility for supplying Subscribers with computer equipment or communications connections necessary to access the Service. Subscribers are solely responsible for these items. 8. Upon becoming a Subscriber to the Service, HMSPMedia will provide the Subscriber with a unique ID and password which allows access to the Service. The ID and password is issued by HMSPMedia in the form of a revocable license and remain the property of HMSPMedia and constitute proprietary information and are the property of HMSPMedia. IDs and passwords are non- transferable. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, HMSPMedia will not release passwords for any reason, except as may be specifically required by law or court order. Transfer of any ID or password to another person or entity, or allowing any person or entity other than the Subscriber to access the Service via such Subscriber's ID and password is strictly prohibited, and is a breach of this Agreement and a violation of law. 9. Subscriber hereby swears and affirms under oath, warrants and represents that he/she is at least eighteen (18) years of age (21 in jurisdictions that require that age limit) and has the legal capacity to enter into agreements of this nature. HMSPMedia makes no representation or warranty that the content published on the applicable website complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws. You further represent and warrant that you understand the nature of the content published on the applicable website is namely sexually explicit materials, and that you voluntarily and knowingly choose to view such material, and that such material does not offend or vex your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service. 10. Under no circumstances, including, but not limited to, negligence, shall HMSPMedia or any of its related or affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. Subscriber specifically acknowledges and agrees that HMSPMedia is not liable for any defamatory, offensive or illegal conduct of any user, or for 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 under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Subscriber to HMSPMedia for the preceding twelve (12) months. 11. HMSPMedia MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER'S USE OF THE SERVICE IS AT HIS/HER OWN RISK. NEITHER HMSPMedia, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, HMSPMedia MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON- RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. 12. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. 13. Subscriber agrees to indemnify and hold harmless HMSPMedia, the applicable websites, their officers, directors, managers, members, agents and employees from any against any claims, losses, liabilities or expenses (including reasonable attorneys' fees) arising out of Subscriber's breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Subscriber or HMSPMedia relating to any services or products offered by or through the Service, Subscriber agrees to submit to the personal jurisdiction of the courts of Gibraltar. 14. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by HMSPMedia, or is licensed under copyright by HMSPMedia, and may not be copied, redistributed, in whole or in part, without the prior written consent of HMSPMedia. 15. The Service is for the private, non-commercial enjoyment of Subscribers only. Any other use is prohibited. 16. The Service 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 law, is prohibited and is a breach of this Agreement. 17. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without HMSPMedia's prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service. 18. There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Subscriber hereby acknowledges and agrees that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s). 19. Notices by HMSPMedia to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement. * All notices to HMSPMedia by means of electronic message should be sent to admin@hmspmedia.com * All membership questions by means of electronic message should be sent to cs@membersitesupport.com 20. This Agreement sets forth the full and complete understanding between Subscriber and HMSPMedia with respect to its subject matter, and supersedes all prior understandings or agreements, whether written or verbal. This Agreement may be modified upon notice by HMSPMedia to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of Netherlands. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys' fees. |