Hothardcorevideo.com - Terms and Conditions of Membership
You must read and agree to these terms and conditions before you can join. 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"). 3 Day 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 $29.95/month or the then applicable rate, unless cancelled in accordance
with these Terms and Conditions. This agreement is subject to change by Hothardcorevideo.com
(here in after "Site") at any time, and changes may be effective without notice
upon each Subscriber.
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:
- "UNDER PENALTY OF PERJURY, I SWEAR/AFFIRM THAT AS OF THIS
MOMENT, I AM AN ADULT, AT LEAST 18 YEARS OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER
LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY)."
- "I PROMISE THAT I WILL NOT PERMIT ANY PERSON(S) UNDER 18 YEARS
OF AGE (21 IN AL, MS, NE, WY, AND ANY OTHER LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY)
TO HAVE ACCESS TO ANY OF THE MATERIALS CONTAINED WITHIN THIS SITE."
- "I UNDERSTAND THAT WHEN I GAIN ACCESS TO THIS SITE, I WILL BE
EXPOSED TO VISUAL IMAGES, VERBAL DESCRIPTIONS AND AUDIO SOUNDS OF A SEXUALLY ORIENTED,
FRANKLY EROTIC NATURE, WHICH MAY INCLUDE GRAPHIC VISUAL DEPICTIONS AND DESCRIPTIONS OF
NUDITY AND SEXUAL ACTIVITY. I AM VOLUNTARILY CHOOSING TO DO SO, BECAUSE I WANT TO VIEW,
READ AND/OR HEAR THE VARIOUS MATERIALS WHICH ARE AVAILABLE, FOR MY OWN PERSONAL ENJOYMENT,
INFORMATION AND/OR EDUCATION. MY CHOICE IS A MANIFESTATION OF MY INTEREST IN SEXUAL
MATTERS WHICH, I BELIEVE, IS BOTH HEALTHY AND NORMAL AND WHICH, IN MY EXPERIENCE, IS
GENERALLY SHARED BY AVERAGE ADULTS IN MY COMMUNITY. I AM FAMILIAR WITH THE STANDARDS IN MY
COMMUNITY REGARDING THE ACCEPTANCE OF SUCH SEXUALLY ORIENTED MATERIALS, AND THE MATERIALS
I EXPECT TO ENCOUNTER ARE WITHIN THOSE STANDARDS. IN MY JUDGEMENT, THE AVERAGE ADULT IN MY
COMMUNITY ACCEPTS THE CONSUMPTION OF SUCH MATERIALS BY WILLING ADULTS IN CIRCUMSTANCES
SUCH AS THIS WHICH OFFER REASONABLE INSULATION FROM THE MATERIALS FOR MINORS AND UNWILLING
ADULTS, AND WILL NOT FIND SUCH MATERIALS TO APPEAL TO A PRURIENT INTEREST OR TO BE
PATENTLY OFFENSIVE."
- "I FURTHER REPRESENT AND WARRANT THAT I HAVE NOT NOTIFIED ANY
GOVERNMENTAL AGENCY, INCLUDING THE U.S. POSTAL SERVICE, THAT I DO NOT WISH TO RECEIVE
SEXUALLY ORIENTED MATERIAL."
PROHIBITED AREAS - All of the following
areas constitute PROHIBITED AREAS from which no part of the Site may be accessed, viewed,
downloaded or otherwise received:
All parts of the United States of America corresponding to the entire areas corresponding
to United States Postal Service zip codes. Click
here to see prohibited areas.
All parts of the following countries: Afghanistan, Algeria, Iran, Iraq, Jemen, Jordan,
Kuwait, Libya, Malaysia, Morocco, Pakistan, Saudi Arabia, Singapore, Syria, The United
Arab Emirates, The People Republic of China, Tunisia
All parts of every other geophysical place corresponding to a political entity or part
thereof in which the access, viewing, downloading, dissemination of, or other use of the
materials contained in the Site would constitute a violation of any law, regulation rule
or custom.
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)in order gain access to that site and enjoy its contents and benefits
of membership. The "Site" shall include the owner thereof all agents acting on
its behalf. 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,
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.
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.
Unless and until this agreement is cancelled in accordance with the terms hereof,
Subscriber hereby authorizes the Site or its billing agent, to charge subscriber's credit
card (or other approved facility) to pay for the ongoing cost of membership.
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 by
Verotel.com from the Subscriber at least three (3) days prior to renewal. Memberships are
automatically renewed to a one-month membership at the then-applicable monthly rate. The
maximum Term of this Agreement is 60 months.
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 the Site of any apparent breach of security, such as loss,
theft, or unauthorized disclosure or use of a username or password. Until the Site is
notified, by e-mail, 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 the Site and any
agency acting on its behalf 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.
TERMINATION/CANCELLATION - Subscription to the Service may be
terminated at any time, and without cause, by either the Site or the Subscriber upon
notification of the other by electronic or conventional mail, or by telephone, fax or
filling out this CANCEL PAGE.
When termination is requested by a member, subscription fees are NOT refunded. Subscribers
are liable for charges incurred by them until termination of service.
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. The Site will not be held
responsible for bank charges, fees or penalties due to overdrawn or deliquent Subscriber
accounts. 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.
GRANT OF LIMITED LICENSE WITH RESERVATIONS - 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. The Site reserves 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, the Site 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.
You acknowledge and agree that all materials contained at the Site are proprietary and
constitute valuable intellectual property owned by the Site or its administrator
("Company") or others who have licensed use of such materials to the Company. You
acknowledge and agree that as such You may only access, view, download, receive and
otherwise use the materials available at the Site only as authorized by the Company.
You acknowledge that you understand that the Company does not authorize access to any part
of the Site in any manner contrary to the express provisions of this Agreement.
You further represent and warrant to the Company that your agreement to these terms and
conditions constitutes an agreement that You shall not access, or attempt to access any
materials available at the Site in a manner not expressly authorized by the Company. You
agree and warrant 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 the Company does not authorize such
access, viewing, downloading, receipt or other use.
You hereby acknowledge that you understand that the Company does not authorize the
accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or
other use of the materials contained on the Site to or by and person, INCLUDING YOU, who
is located in any of the areas designated as PROHIBITED AREAS mentioned above.
You further acknowledge that you understand and agree that any and all unauthorized
access, viewing, downloading, receipt, duplication or other use of materials from the
Site, in which You are directly or indirectly involved, including, but not limited to
accessing, viewing, downloading, receiving or other use of materials in PROHIBITED AREAS
in an manner shall constitute intentional infringement(s) of the Company's and potentially
others' intellectual property rights and other rights in such materials and shall further
constitute a violation of trademark and other rights including, but not limited to rights
of privacy.
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. THE SITE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE SITE
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. 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 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 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
THE SITE OR THE SITE OWNER, OR ANY OF THEIR SUPLIERS, LICENSEES, AGENTS 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 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 California 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 Los Angeles,
California. 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).
LINKS TO THIRD PARTY SITES - This Site
may contain links to other sites which are controlled by third parties. Those linked sites
are not under the control of the Site owner or operator and this Site is not responsible
for the contents of any linked site or any link contained in a link site. The Site is
providing those links to you only as a convenience, and the inclusion of any link does not
imply endorsement by the Site of any other linked site.
CUSTODIAN OF RECORDS - All persons who appear in any visual
depiction contained on the Site were eighteen years of age or older at the time of the
creation of such depictions. The records required by Section 2257 of Title 18 of the
United States Code and C.F.R. 75 with respect to visual depictions of actual sexually
explicit conduct are kept by the corresponding custodians of records, except with regard
to visual depictions of actual sexually explicit conduct made before July 3, 1995, which
are exempt from the requirements set forth in 18 U.S.C. § 2257 and 28 C.F.R. 75. For
inquiries about specific material contained herein and the corresponding custodian of
records info pertaining to those items, please see 18
USC Section 2257 Compliance Notice.
MODIFICATION - The Site reserves the
right, in its discretion, to change or modify all or any part of these Terms and
Conditions at any time for any reason or no reason. Changes to the cancellation or refund
terms and rate increases will be effective teen (10) days notice to existing subscribers.
Any other changes will be effective immediately once they are posted on the Site. Your
continued use of the Site constitutes your binding acceptance of these Terms and
Conditions, including any changes made by the Site, as permitted above. If you desire not
to be bound by any modification of these Terms and Conditions, you should stop using the
website. The updated, online version of these Terms and Conditions shall supersede any
prior version.
The subscriber hereby warrants and represents that he or she is over the age of 18 (21 in
AL, MS, NE, WY, and any other location where 18 is not the age of majority), and in all
respects is qualified and competent to enter into this agreement.
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