|You must read and agree to these terms and conditions before you can become an active member of this site. Membership demonstrates you have fully read and understood the terms outlined hereafter. Please read them carefully. By purchasing a Membership to the Site, you become a Subscriber and agree to 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, or the then applicable rate, unless cancelled in accordance with these Terms and Conditions. This agreement is subject to change by TPG at any time, and changes are effective without notice upon each Subscriber.|
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|TERMS AND CONDITIONS OF USE AND MEMBERSHIP|
1.0 By subscribing you become a Subscriber 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, TPG (TPG), the Company. This agreement is subject to change by TPG at any time, and changes are effective without notice upon each Subscriber.
1.2 MODIFICATION - This Agreement may be modified, superseded, or voided by TPG without notice upon each subscriber. Further, the physical destruction or loss of this Agreement shall not be construed as a modification.
1.3 AGREEMENT TO VIEW ADULT MATERIAL - 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:
2.0 DEFINITIONS - 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) from TPG in order gain access to that site and enjoy its contents and benefits of membership. The "Site" shall include the owner thereof. The term "Member" or "Membership", as referred 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 referred 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 referred to in the terms and conditions shall mean - The combination of unique username and password that is sold by TPG 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 referred 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.
3.0 SUBSCRIPTION FEES - The subscriber is responsible for paying periodic subscription fees according to the then-current terms of the Site. Subscription fees are non-refundable once your username and password have been used to access a Site.
3.1 AUTOMATIC RENEWAL - 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 (1) day 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. Unless and until this agreement is cancelled in accordance with the terms hereof, Subscriber hereby authorizes TPG to charge subscriber's credit card (or other approved facility) to pay for the ongoing cost of membership.
3.2 TERMINATION/CANCELLATION - Subscription to the Service may be terminated at any time, and without cause, by either TPG, the Site or the Subscriber upon notification of the other by electronic or conventional mail, or by telephone, or fax. When termination is requested by a member, subscription fees are NOT refunded. Subscribers are liable for charges incurred by them until termination of service.
4.0 NON-ASSIGNABILITY/THEFT OF LOGIN - Your Membership, username and password (login), may not be assigned or transferred to any other person or entity. Subscriber must promptly inform TPG or the Site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Until TPG or the Site is notified, by website at http://www.tpgwebsite.com, by e-mail at firstname.lastname@example.org, 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 TPG, the Site and the Site owner 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.
TRIAL OFFER - All trial offer members are exempt from the 1 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 referred 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
TPG no later than 12:01 a.m. of the day following the last full day of the Trial
Period. Subscribers will continue to be billed at the same monthly rate once the Trial Period ends, regardless of future monthly price changes. If the monthly subscription amount changes, Subscribers must cancel their existing monthly subscription and purchase a new monthly subscription at the new price or contact TPG to request the price change difference.
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 TPG no later than 12:01 a.m. on the 7th 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 card users may be subject to a preauthorization. The preauthorization is not a charge to the credit card. However, the then applicable monthly subscription charge may be reserved against the Member's available credit card limit. Contact your credit card issuing financial institution for details.
REFUNDS - 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. NO
refunds will be made by cash or check.
6.0 LICENSE - 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. TPG and the Site reserve 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, TPG 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.
6.1 BOOKMARKING - 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 acknowledgement of age of majority.
DISCLAIMERS - 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. TPG OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE
SERVICE. TPG 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. TPG, 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 TPG, 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 TPG, 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 TPG, THE SITE OR THE SITE OWNER,
OR ANY OF THEIR SUPPLIERS, LICENSES 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 TPG, nor 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 is
prohibited. These terms and conditions are to be governed and construed by Georgia
law. The application of the United Nations Convention of Contracts for the
International Sale of Goods is expressly excluded. In the event of a dispute
arising out of or relating to these terms and conditions, or your use of or
access to the Site, litigation must be brought in state or federal court in the
County of Fulton, Georgia. Subscriber agrees that Subscriber shall submit to the jurisdiction and venue of Fulton County, Georgia regarding any dispute with TPG.
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).
9.0 Company does not screen or endorse advertisements or communications submitted to this site by third-party licensees, advertisers, or subscribers for electronic dissemination through this site. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of this site prior to purchasing goods and/or services described at this site or otherwise responding to any communication at this site.
10.0 All materials included at this site are for the private use by Subscribers only. No other uses are intended by the Company and any other use is strictly prohibited. Unauthorized access to the Site is a breach of this Agreement and subject to membership cancellation.
11.0 PARAGRAPH HEADINGS - The headings of particular paragraphs and subparagraphs are inserted only for convenience and are not part of this Agreement and are not to act as a limitation on the scope of the particular paragraph to which the heading refers.
12.0 SEVERABILITY - In the event any provision of this Agreement is deemed to be void, invalid, or unenforceable, that provision shall be severed from the remainder of this Agreement so as not to cause the invalidity or unenforceability of the remainder of this Agreement. All remaining provisions of this Agreement shall then continue in full force and effect. If any provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope and breadth permitted by law.
INTEGRATION - This Agreement sets forth the entire agreement between the parties
with regard to the subject matter hereof. All prior agreements, covenants,
representations, and warranties, expressed or implied, oral or written, with
respect to the subject matter hereof, are contained herein. All prior or
contemporaneous conversations, negotiations, possible and alleged agreements,
representations, covenants, and warranties, with respect to the subject matter
hereof, are waived, merged, and superseded hereby. This is an integrated
BY JOINING THIS SITE YOU ARE INDICATING 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 THIS SITE 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, THEN SEIZE ALL ATTEMPTS TO JOIN THIS SITE AND LEAVE IMMEDIATELY
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