Terms and Conditions You must read and agree to these terms
and conditions before your subscription can be activated. Please read
them carefully.
For good and valuable consideration,
the sufficiency of which is acknowledged by you and the Action Babe
Media, you hereby agree to become a subscriber to Action Babe Media
(the "Service"), 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" or "Subscriber"),
and the owner of Action Babe Media (the "Company"). Subject
to the terms and conditions set forth in this Agreement, the Company
agrees to provide you all the privileges of a subscription to this site
available to a Subscriber in good standing. This Agreement is subject
to change by the Company at any time, and changes are effective upon
notice to the Subscriber by e-mail, posting at or via hyperlink to this
site, or by mail.
ALL MATERIALS, INCLUDING GRAPHIC FILES,
AUDIO FILES, VIDEO FILES, TEXT, HYPERLINKS, INTERLINKS, SEARCH ENGINES,
AND OTHER SOFTWARE THAT COMPANY PROVIDES CONTAINED AT THIS SITE (COLLECTIVELY
"MATERIALS") ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO
CONSENTING ADULTS WHO ARE IN LOCATIONS WHERE SUCH MATERIALS DO NOT VIOLATE
COMMUNITY STANDARDS OR ANY APPLICABLE LOCAL, STATE OR NATIONAL LAW OR
REGULATION. THIS INCLUDES, IF APPLICABLE, THE LAWS AND REGULATIONS OF
THE UNITED STATES OR ANY OTHER COUNTRY.
YOU HEREBY WARRANT AND AFFIRM THAT IT
IS LEGAL TO VIEW THE MATERIALS WHERE YOU ARE LOCATED.
YOU HEREBY ACKNOWLEDGE THAT THE MATERIALS
PRESENTED AT AND/OR DOWNLOADABLE FROM THIS SITE INCLUDE EXPLICIT VISUAL,
AUDIO, AND/OR TEXTUAL DEPICTIONS OF NUDITY AND HETEROSEXUAL, BI-SEXUAL,
GAY, LESBIAN 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.
NO PERSONS UNDER THE AGE OF EIGHTEEN
(18) YEARS MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS
OF THIS SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED
AT OR IN THIS SITE. YOU HEREBY FURTHER AFFIRM AND WARRANT THAT YOU ARE
CURRENTLY OVER THE AGE OF EIGHTEEN YEARS AND CAPABLE OF LAWFULLY ENTERING
INTO THIS AGREEMENT.
SUBSCRIPTIONS
Action Babe Central Monthly
Today's charge is: $9.95
Membership Renews Automatically at $9.95 every month
or Until Cancelled.
Payment for the Service provided to you at and/or
through this site may be made by automatic credit card or check debit
and you hereby authorize the Company and/or its authorized agent, Paycom
Billing Services, Inc. ("Paycom"), to transact such payments
on your behalf. Unless you have good reason to believe the credit card
(or other approved facility) you use to purchase your subscription is
lost or stolen, you agree not to report that credit card (or other approved
facility) as lost or stolen. Nor will you dispute any authorized charge
by Paycom or the Company. You agree and acknowledge that if you fraudulently
report the credit card (or other approved facility) used to obtain the
Service or goods from the Service as stolen, or if you fraudulent report
that an authorized charge by the Company or Paycom is unauthorized,
you shall be liable to this Paycom and the Company 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.
Trial Subscriptions: If you purchase
a trial subscription, you hereby agree that the Paycom may immediately
authorize your credit card (or other approved facility) in the amount
equal to the then-current monthly rate. The Company and/or Paycom will
only charge that amount to your credit card (or other approved facility)
if you elect not to terminate your trial subscription prior to becoming
a regular subscriber. If you purchase a trial subscription, and decide
to terminate your trial subscription, you must do so AT LEAST one (1)
day prior to the end of the Trial Period and you will not be charged
any further. If you do not cancel at least one (1) day prior to the
end of the Trial Period, you are agreeing to continue as a regular subscriber
upon the terms and conditions for regular subscriptions set forth herein,
and you authorize the Company to charge your credit card (or other approved
facility) at the then-current monthly rate on a monthly basis until
you request termination of your subscription according to the terms
hereof. If you have a question about a transaction on your credit card
statement, or wish to cancel a trial subscription, please click here
to contact Customer Service.
Regular Subscriptions: If you purchase
a regular subscription, or if you do not cancel your Trial subscription
at least one (1) day prior to the end of the trial period, you authorize
the Company and/or Paycom to charge your credit card (or other approved
facility) for periodic subscription fees according to the then-current
billing terms for the Service. You are responsible for paying periodic
subscription fees according to the then-current billing terms. Subscription
fees are earned upon receipt and are non-refundable whether or not termination
is at your request. For your convenience and satisfaction, all memberships
will automatically renew upon expiration unless your subscription is
cancelled AT LEAST three (3) days prior to expiration. Subscription
rates are subject to change at any time without notice. You are liable
for any subscription charges incurred by you up to and until termination
of the Service. If you have a question about a transaction on your credit
card statement, or wish to cancel a subscription, please click here
to contact Customer Service.
Terminating Subscriptions: The Company
or Paycom may terminate your Subscription at any time, and without cause,
by. If you wish to terminate your subscription you must either provide
the Company or Paycom notification by E-mail, conventional mail, or
by telephone [(888) 968-5834]. You agree to be personally liable for
all charges incurred by you during or through the use of this site.
Your liability for such charges shall continue after termination of
your membership for any reason.
Subscriptions Are Non-Transferable: Subscriptions
may not be assigned or transferred to any other person or entity. Nor
may you provide any other person or entity access to your subscription,
either directly or indirectly. This includes, but is not limited to,
sending your username and/or password to other parties and making your
user name and/or password available where others may access them. You
must keep your password strictly confidential. Allowing others to gain
unauthorized access to this site is a breach of this Agreement and a
violation of law.
Notice To The Company: You must promptly
inform Company or Paycom of the following: changes in the expiration
date of any credit card used in connection with this site; 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 the Company or Paycom is notified, by conventional mail, web site
form, e-mail or by telephone to this site's Customer Service Department
(888) 968-5834 of a breach in security, you will remain liable for any
unauthorized use of this site. The Company or Paycom will provide you,
upon request, access to billing records that support charges for use
of this site.
VIEWING, ACCESSING AND DOWNLOADING THE MATERIALS
You agree not to 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. You acknowledge and agree that the
company does not authorize any Materials to be accessed, viewed, downloaded,
used by, transmitted, broadcast or otherwise disseminated to any person
or entity located in any and all areas prohibited by law ("Prohibited
Areas"). You further acknowledge that the Company does not authorize
you to cause or enable others to access, view, download, receive or
otherwise use the Materials, directly or indirectly
You agree that any and all unauthorized
access, viewing, downloading, receipt, duplication or other use of the
Materials in which you are directly or indirectly involved, including,
but not limited to 1) accessing, viewing, downloading, receiving or
other use of the Materials in Prohibited Areas and 2) causing or enabling
others to access, view, download, receive or otherwise use the Materials,
directly or indirectly, shall constitute intentional infringement(s)
of this site's and potentially others? intellectual property rights
and other rights in the Materials, and may also constitute a violation
of the Company?s trademarks, copyrights and other rights, including,
but not limited to, the right of privacy.
You agree to be personally liable and
fully indemnify the Company and Paycom for any and all damages directly,
indirectly and/or consequentially resulting from your attempted or actual
unauthorized downloading or other duplication of materials from the
Service 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 this site 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).
LIMITED NON-EXCLUSIVE LICENSCE
GRANTED TO SUBSCRIBER
Subject to the terms and conditions set
forth herein, this site hereby grants you a limited, non-exclusive and
non-transferable license to use the 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 this site makes downloadable
copies of the Materials available, 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.
Except for public domain material
or material otherwise licensed to Company for electronic dissemination,
all Materials displayed at or otherwise available through this site
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 this site, and all
Materials and other matter used directly or indirectly in, at, by, through
and/or with this site 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 this site 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.
GIFT SITE AND GIFT EPASSPORTE VISA
If you are offered a gift site and a
gift ePassporte Visa, you accept that offer and you meet the eligibility
requirements for the offer, then the following applies to you:
A marketing company will purchase an
ePassporte Virtual Visa account on your behalf. An ePassporte Virtual
Visa is a pre-paid Visa product that allows you to purchase goods and
services over the Internet. Because it is a pre-paid Visa product, the
creation of the ePassporte Virtual Visa will not affect your credit
rating, extend any credit to you, nor incur any debt in your name.
By accepting the offer you agree that
the marketing company and ePassporte may receive personal data about
you (which data will NOT include the account number you use to purchase
a membership from the Company), create an ePassporte Visa on your behalf,
facilitate the transaction processing for your membership to the Gift
Site and send communications to you. Also, by accepting this offer,
you agree to ePassporte's Terms and Conditions.
Once an ePassporte Virtual Visa has been
created on your behalf, each month that the Gift Site membership remains
active the marketing company will load sufficient funds onto the account
to cover all costs of the Gift Site. Paycom will bill you for that Gift
Site membership immediately upon the loading of the funds. In addition,
however, the marketing company will load additional funds onto the Visa
that you can spend anywhere on the Internet in order to give you a chance
to become familiar with the ePassporte Virtual Visa's features and functions.
All of the additional funds loaded onto the card belong to you.
The marketing company shall have the
right to cease loading funds onto your ePassporte Visa at its sole and
absolute discretion, without notice, and with or without cause. But,
if it ceases loading funds onto your ePassporte Visa, you will NOT receive
any additional charges for the Gift Site, and the Gift Site membership
will expire.
NO EXPRESS OR IMPLIED WARRANTIES
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 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 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 this site.
Goods and Services Offered By Other Parties: 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.
LIMITATION OF LIABILITY
Any liability of the Company and Paycom,
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,
tortuous 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.
The 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 this site.
MISCELANEOUS
If the Company should at any time provide
any service which enables you 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 this site 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 this site. You are solely responsible for all information that you
submit, publish, display, disseminate or otherwise communicate through
this site 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 this site 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
this site can be read by the operators and/or other agents of Company,
whether or not they are the intended recipient(s).
Notices from this site to Subscribers
may be given by means of e-mail, by general posting on this site, 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 this site may be sent in the following manner:
a. By means of the web site form;
or b. By telephone to this site's Customer
Service Department during normal business hours to (888) 968-5834.
You are responsible for providing all personal computer
and communications equipment necessary to gain access to you Subscription.
Access to and use of you Subscription is through the use of a password.
This Agreement contains the entire agreement
between the Subscriber and Company regarding Subscribers' use of this
site, 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 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 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 THIS SITE.
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 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, LEAVE NOW!
