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TERMS
AND CONDITIONS OF MEMBERSHIP
1)
For good and valuable consideration, the sufficiency of which is
acknowledged by you and boxingbeauties.com (“Boxing Beauties”),
you hereby agree to become a subscriber to Boxing Beauties, 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 Boxing Beauties. Subject to the terms
and conditions set forth in this Agreement, Boxing Beauties agrees to
provide to You all the privileges of subscription to Boxing Beauties
available to a Subscriber in good standing. This Agreement is subject
to change by Boxing Beauties at any time, and changes are effective upon
notice to You by e-mail, posting at or via hyperlink to Boxing Beauties
or by mail.
2)
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS,
CONTAINED AT BOXING BEAUTIES ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO
CONSENTING ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND
OTHER COMMUNICATIONS CONTAINED AT BOXING BEAUTIES 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 BOXING BEAUTIES OR PLACE ANY ORDERS FOR ANY GOODS OR
SERVICES ADVERTISED AT OR IN BOXING BEAUTIES. YOU HEREBY ACKNOWLEDGE THAT
MATERIALS PRESENTED AT AND/OR DOWNLOADABLE FROM BOXING BEAUTIES INCLUDE
EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND
HETEROSEXUAL, BISEXUAL, AND/OR TRANSSEXUAL 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.
3)
You acknowledge and agree that all materials contained at Boxing Beauties
are proprietary and constitute valuable intellectual property. You
acknowledge and agree that as such, You may access, view, download,
receive and otherwise use the materials available at Boxing Beauties only
as authorized by Boxing Beauties. You agree 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 Boxing Beauties does not authorize
such access, viewing, downloading, receipt or other use. You hereby
acknowledge and agree that no materials from any parts of Boxing Beauties
are authorized, and no materials are intended, by Boxing Beauties 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. You agree that any and all unauthorized
access, viewing, downloading, receipt, duplication or other use of
materials from Boxing Beauties , in which You 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 Boxing
Beauties' and potentially other's intellectual property rights and
other rights in such materials and shall further constitute a
violation of Boxing Beauties 's trademark and other rights, including,
but not limited to, rights of privacy.
4)
You agree to be personally liable and fully indemnify Boxing Beauties
for any and all damages directly, indirectly and/or consequentially
resulting from my attempted or actual unauthorized downloading or
other duplication of materials from Boxing Beauties 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 Boxing Beauties 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).
5)
Some or all of the following fees and charges may be incurred by the,
You, (the Subscriber): a. Subscription Fees. You are responsible for
paying periodic subscription fees according to the then-current
billing terms. Subscription fees are nonrefundable; and you must be
18 years of age or older to receive a membership to Boxing Beauties. For
your convenience and satisfaction, all memberships will automatically
renew upon expiration unless your subscription is canceled 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 Boxing Beauties
subscription rates. Current membership is $2.95 for 3 days. If not
canceled at last 24 hours prior to end of trial period, you will be
discreetly charged $19.95 per month. All membership cancellations can
take place by visiting http://www.billingservices.com.
b. Other fees and/or charges for goods and services ordered at,
through and/or from Boxing Beauties and its licensees.
6)
Subscriptions may not be assigned or transferred to any other person
or entity. Subscriber must promptly inform Boxing Beauties of the
following: changes in the expiration date of any credit card used in
connection with Boxing Beauties; 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 Boxing Beauties is
notified, by conventional mail, web site form, or by telephone to
Boxing Beauties Customer Service Department
at 1-310-366-5499, during normal business
hours of a breach in security, the Subscriber will remain liable for
any unauthorized use of Boxing Beauties. Upon request, Subscribers will
be given access to billing records that support charges for use of
Boxing Beauties.
7)
Payment for the services provided to You at and/or through Boxing
Beauties may be made by automatic credit card and You hereby authorize
Boxing Beauties 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 Boxing Beauties, or as
unauthorized any charge by Boxing Beauties, 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 Boxing Beauties or any fraudulent
reporting of an unauthorized charge to Boxing Beauties 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 Boxing Beauties remains outstanding at the time of such
fraudulent reporting, You shall be liable to Boxing Beauties 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.
8)
Subscription to Boxing Beauties may be terminated at any time, and
without cause, by Boxing Beauties upon notification 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 Boxing
Beauties. Your liability for such charges shall continue after
termination of Your membership for any reason.
9)
You are responsible for providing all personal computer and
communications equipment necessary to gain access to Boxing Beauties.
Access to and use of Boxing Beauties is through the use of a password.
Each Subscriber must keep his password strictly confidential. For
security reasons, Boxing Beauties will not release passwords.
Unauthorized access to Boxing Beauties is a breach of this Agreement and
a violation of law.
10)
Subject to the terms and conditions set forth herein, Boxing Beauties
hereby grants You a limited, non-exclusive and nontransferable
license to use graphic files, audio files, video files, text,
hyperlinks, interlinks, search engines, and other software associated
with authorized Subscriber use of Boxing Beauties which it 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 Boxing Beauties, 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 Boxing Beauties. 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.
11)
Except for public domain material or material otherwise licensed to
Boxing Beauties for electronic dissemination, all Materials displayed at
or otherwise available through Boxing Beauties 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 Boxing Beauties. All editions of Boxing Beauties, and all
Materials and other matter used directly or indirectly in, at, by,
through and/or with Boxing Beauties 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 Boxing
Beauties shall at all times remain in Boxing Beauties, 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 Boxing Beauties, 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 Boxing Beauties or its
authorized agent(s). You agree that upon such termination, You will
immediately destroy all copies of the Materials in Your possession.
12)
You agree that Materials and all other services provided to You by
Boxing Beauties 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 Boxing Beauties is borne by
You. Should the Materials or any other service provided by Boxing
Beauties prove defective and/or cause any damage to Your computer or
inconvenience to You, You, and not Boxing Beauties, 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 Boxing Beauties, 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 Boxing
Beauties.
13)
Any liability of Boxing Beauties 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 Boxing Beauties 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.
14)
No warranty is made by Boxing Beauties regarding any information,
services, Materials or products provided through or in connection
with Boxing Beauties. Boxing Beauties 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.
15)
All materials included at Boxing Beauties are for the private use by
Subscribers only. No other uses are intended by Boxing Beauties and any
other use is strictly prohibited.
16)
Notices from Boxing Beauties to You may be given by means of e-mail, by
general posting on Boxing Beauties, or by conventional mail.
Communications from You to Boxing Beauties may be made by e-mail,
conventional mail or telephone. All questions, complaints, or notices
to Boxing Beauties may be sent in the following manner:
a.
via email to webmaster@boxingbeauties.com; or
b. by telephone to Boxing Beauties 's Customer Service Department during
normal business hours to 1-310-366-5499.
17)
You agree to indemnify Boxing Beauties against any and
all claims, liabilities, and costs, including reasonable attorneys'
fees, reasonably incurred in the defense of any claim or suit arising
out of or otherwise related to these Terms and Conditions, including
without limitation, any breach by You of this Agreement. Boxing
Beauties shall promptly notify You by electronic mail or any other
means listed in the terms the Agreement of any such claim or suit,
and cooperate fully (at Your expense) in the defense of such claim or
suit. Boxing Beauties may participate in the defense of such claim or
defense at its own expense.
18)
This Agreement contains the entire agreement between the You and Boxing
Beauties regarding Your use of Boxing Beauties 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 Boxing Beauties.
19)
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.
You agree that any action to enforce this agreement shall be brought
in the federal or state courts located in Los Angeles, California.
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.
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