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Terms and Conditions of Membership
- For good and valuable consideration, the sufficiency of which is
acknowledged by you and the Company, you hereby agree to become a
subscriber to Fresh Teen, 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 WWW Dezignz, Inc., a
California Corporation ("Company"). Subject to the terms and conditions
set forth in this Agreement, the Company agrees to provide to you all
the privileges of subscription to Fresh Teen available to a
Subscriber in good standing. This Agreement is subject to change by
Company at any time, and changes are effective upon notice to the
Subscriber by e-mail, posting at or via hyperlink to Fresh Teen, or by
mail.
- ALL MATERIALS, INCLUDING MESSAGES, AND OTHER
COMMUNICATIONS, CONTAINED AT Fresh Teen ARE INTENDED FOR
DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE THE
MATERIALS, MESSAGES AND OTHER COMMUNICATIONS CONTAINED AT FRESH
TEEN 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 Fresh Teen OR
PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN FRESH
TEEN . YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR
DOWNLOADABLE FROM Fresh Teen INCLUDE EXPLICIT VISUAL, AUDIO,
AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, AND
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 Fresh
Teen 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 Fresh
Teen 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 Fresh
Teen 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 designated as PROHIBITED AREAS below. I agree that any
and all unauthorized access, viewing, downloading, receipt, duplication
or other use of materials from Fresh Teen, 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 Fresh Teen's
and potentially other's intellectual property rights and other rights in
such materials and shall further constitute a violation of Fresh Teen's
trademark and other rights, including, but not limited to, rights of
privacy.
PROHIBITED ACCESS AREAS
All of the following areas constitute PROHIBITED AREAS from which no
part of Fresh Teen may be accessed, viewed, downloaded or
otherwise received:
A. All parts of the United States of America corresponding to the
entire areas corresponding to these United States
Postal Service zip codes;
B. 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
C. All parts of every other geophysical place corresponding to a
political entity or part thereof in which the access, viewing,
downloading or other use of materials at Fresh Teen would, or
could reasonably constitute a violation of any law, regulation, rule
or custom.
- I agree to be personally liable and fully indemnify Fresh Teen, WWW
Dezignz, Inc. for any and all damages directly, indirectly and/or
consequentially resulting from my attempted or actual unauthorized
viewing or downloading or other duplication of materials from Fresh
Teen 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 Fresh Teen 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 Fresh Teen. For your convenience and
satisfaction, all memberships will automatically renew upon expiration
unless your subscription is cancelled at least 24 hours prior to
expiration. All membership cancellations can take place by emailing
Email CUSTOMER
SERVICES OR
ONLINE CUSTOMER SERVICE
b. Other fees and/or charges for goods and services ordered at,
through and/or from Fresh Teen 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 Fresh Teen; 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 electronic mail to our CUSTOMER SERVICE during
normal business hours of a breach in security, the Subscriber will
remain liable for any unauthorized use of Fresh Teen. Upon request,
Subscribers will be given access to billing records that support charges
for use of the Fresh Teen.
Payment for the services provided to you at and/or through Fresh
Teen may be made by automatic credit card or debit card 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 Fresh
Teen , or as unauthorized any charge by Fresh Teen, 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 Fresh Teen or any fraudulent
reporting of an unauthorized charge to Fresh Teen 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 Fresh Teen remains outstanding at the time of such
fraudulent reporting, you shall be liable to Fresh Teen for
liquidated damages. 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 Fresh Teen may be terminated at any time, and
without cause, by either Company 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 Fresh Teen. 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 Fresh Teen. Access
to and use of Fresh Teen is through the use of a password. Each
Subscriber must keep his password strictly confidential. For security
reasons, Fresh Teen will not release passwords. Unauthorized
access to Fresh Teen is a breach of this Agreement and a violation
of law.
Subject to the terms and conditions set forth herein, Fresh
Teen 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 Fresh Teen 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 Fresh Teen, 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.
All material licensed to Company for electronic dissemination, all
Materials displayed at or otherwise available through Fresh Teen
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 Fresh Teen, and all
Materials and other matter used directly or indirectly in, at, by,
through and/or with Fresh Teen 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 Fresh Teen 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 Fresh Teen.
Company does not screen or endorse advertisements or communications
submitted to Fresh Teen's by third-party licensees,
advertisers, or subscribers for electronic dissemination through Fresh
Teen. Subscribers are therefore advised to use their own judgment to
evaluate all advertisements and other communications available at or
through the use of Fresh Teen prior to purchasing goods and/or
services described at Fresh Teen or otherwise responding to any
communication at Fresh Teen.
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 Fresh Teen
.
No warranty is made by Company regarding any information, services,
Materials or products provided through or in connection with the Fresh Teen
, 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.
"Fresh Teen" is a service mark of WWW Dezignz. All
rights are reserved.
All materials included at Fresh Teen 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 Fresh Teen 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 Fresh Teen. You are solely responsible for all
information which you submit, publish, display, disseminate or otherwise
communicate through Fresh Teen 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 Fresh Teen 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 Fresh Teen can be read by
the operators and/or other agents of Company, whether or not they are
the intended recipient(s).
Notices from Fresh Teen to Subscribers may be given by means
of e-mail, by general posting on Fresh Teen, or by conventional mail.
Communications from you to the Company may be made by e-mail,
conventional mail or telephone. All questions, complaints, or notices to
Fresh Teen may be sent in the following manner:
a. by means of electronic mail (CUSTOMER SERVICE); or
b. by online support (ONLINE CUSTOMER SERVICE)
Fresh Teen is not affiliated with any company or organization
other than WWW Dezignz, Inc. No inference of association or
affiliation with, or endorsement by any company or organization is
intended or should be inferred.
This Agreement contains the entire agreement between the Subscriber
and Company regarding Subscribers' use of Fresh Teen, 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. This
Agreement shall be governed by and construed under the laws of the
United States as applied to agreements between residents entered into
and to be performed within the United States, 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 survive its 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 Fresh Teen.
BY SELECTING THE "JOIN HERE" LINK YOU INDICATE
THAT YOU HAVE READ THIS 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 FRESH
TEEN 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, YOU SHOULD NOT
JOIN.
(C)1997-99 WWW Dezignz |