| TERMS AND CONDITIONS OF MEMBERSHIP You must read and agree to these terms and conditions before you can become an active member of iJapaneseSex.Com. Please read them carefully. By clicking the i agree" button below, you are purchasing a subscription that will allow you to access iJapaneseSex.com (the "Service") subject to the terms, conditions and disclaimers set forth herein, and you ("you" or "Subscriber") agree to be bound by this agreement (the "Agreement") between you and K3X Entertainment LLC. (the "Company"). This Agreement is subject to change by the Company at any time, and changes are effective upon posting at the Service or upon notice to you by e-mail or mail. TRIAL SUBSCRIPTIONS:If you decide to terminate your 3 day trial subscription, you must do so AT LEAST one 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 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 recurring basis until you request termination of your subscription according to the terms hereof.
ALL MATERIALS, INCLUDING MESSAGES, AND OTHER COMMUNICATIONS, CONTAINED
AT iJapaneseSex.Com ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING
ADULTS IN LOCATIONS WHERE THE MATERIALS, MESSAGES AND OTHER COMMUNICATIONS
CONTAINED AT iJapaneseSex 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 iJapaneseSex OR PLACE
ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN iJapaneseSex.
YOU HEREBY ACKNOWLEDGE THAT MATERIALS PRESENTED AT AND/OR DOWNLOADABLE
FROM iJapaneseSex INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL DEPICTIONS
OF NUDITY AND HETEROSEXUAL, BI-SEXUAL, 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.
I agree to be personally liable and fully indemnify iJapaneseSex.Com for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from iJapaneseSex 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 iJapaneseSex 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: b. Other fees and/or charges for goods and services ordered at, through and/or from iJapaneseSex and its licensees.
Payment for the services provided to you at and/or through iJapaneseSex may be made by automatic credit card or check 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 iJapaneseSex, or as unauthorized any charge by iJapaneseSex, 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 iJapaneseSex or any fraudulent reporting of an unauthorized charge to iJapaneseSex 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 iJapaneseSex remains outstanding at the time of such fraudulent reporting, you shall be liable to iJapaneseSex 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. Subscription to iJapaneseSex 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 iJapaneseSex. 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 iJapaneseSex. Access to and use of iJapaneseSex is through the use of a password. Each Subscriber must keep his password strictly confidential. For security reasons, iJapaneseSex will not release passwords. Unauthorized access to iJapaneseSex is a breach of this Agreement and a violation of law. Subject to the terms and conditions set forth herein, iJapaneseSex 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 iJapaneseSex 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 iJapaneseSex, 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 iJapaneseSex 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 iJapaneseSex, and all Materials and other matter used directly or indirectly in, at, by, through and/or with iJapaneseSex 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 iJapaneseSex 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 iJapaneseSex. Company does not screen or endorse advertisements or communications submitted to iJapaneseSex by third-party licensees, advertisers, or subscribers for electronic dissemination through iJapaneseSex. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of iJapaneseSex prior to purchasing goods and/or services described at iJapaneseSex or otherwise responding to any communication at iJapaneseSex. 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 iJapaneseSex. No warranty is made by Company regarding any information, services, Materials or products provided through or in connection with the iJapaneseSex, 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. "iJapaneseSex" is a service mark of iJapaneseSex, INCORPORATED. All rights are reserved. All materials included at iJapaneseSex 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 iJapaneseSex 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 iJapaneseSex. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through iJapaneseSex 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 iJapaneseSex 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 iJapaneseSex can be read by the operators and/or other agents of Company, whether or not they are the intended recipient(s). Notices from iJapaneseSex to Subscribers may be given by means of e-mail, by general posting on iJapaneseSex, 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 iJapaneseSex may be sent in the following manner: a. by email to support@iJapaneseSex.com or
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 iJapaneseSex 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, SELECT THE "I DO NOT AGREE". I AGREE TO THE TERMS AND CONDITIONSCopyright © 2000-2006 K3X Entertainment LLC..All
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